The Sun.
London, England, 1856-12-15 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT—YoRK, DEC. 12.
(Before Mr. Justice Erle.)
John Godson, age 19, was indicted for a rape on Eliza.
beth Sissons.
Mr. P. Thompson and Mr. C. Newton were for the
prosecution ; the prisoner was defended by Mr. W. p.
Seymour.
The prosecntrix, an intelligent and good-looking girl,
13 years of age, but apparently older, living in August
last at the Rev. Mr. Mayor's, the incumbent of Leckon-
field, by whose housekeeper she had been sent at noon
on the 7th of August to deliver a letter to Mr. Lang-
dale, a farmer living about a mile from the village, Lear
the high road to Beverley. On her return, about 2 p.m.,
she overtook the prisoner, who lived with his parents,
near Mr. Mayor's house ; as she passed him, about a
quarter of a mile from the village, he put his arm round
her neck and kissed her ; a struggle ensued, she got away
from him, and ran on towards the village ; the prisoner
followed her on the high road, seized her, and dragged
her, notwithstanding her screams and struggles, through
a gate into a gravel pit, near the road, where he threw
her down and committed theoffence charged- against him.
Two labourers, working in a field about 500 yards off,
attracted by the continued screams of the prosecutrix,
witnessed part of the struggle until the girl was dragged
too far down into the pit for them to see more. The
screams, however, were continued, and after a time grew
fainter, as though the sound had been muffled by a hand
placed over the mouth. As these men had to make a
considerable circuit to get to the pit, by the time they
arrived there the offence had been completed, and the
girl had run as well as she was able to her home, which
was about a quarter of a mile from the pit.
Mr. Mayor's housekeeper described the torn and soiled
condition of the dress of the poor girl, who arrived with
bloodshot eyes and crimson face, crying bitterly, and so
agitated that she was for some time unable to give a con-
nected account of what had happened to her. On her
mother being sent for the girl made a statement upon
which the prisoner was apprehended the same day.
At this point of the trial Mr. Seymour, feeling unable
to contend against the evidence—the prosecutrix's testi.
moray not having been shaken in any particular—retired
from the case.
The learned judge summed up, and
The jury immediately found the prisoner guilty on the
whole charge.
Sentenced to 14 years' transportation.
DECEMBER 13.
(Before Mr. Justice Erie.)
MURDER.
John Hannah was charged with the wilful murder of
Jane Banham, at Artnley, near Leeds, on 11th Septem-
ber last.

The prisoner, a tall, fair-haired young man, who was
neatly dressed, and by no means ill-looking, on being
placed at '.he bar and called on to plead, appeared to be
greatly distressed. After a paroxysm of grief, be flung
his hands wildly above his head and cried out, `• Oh,
God—not guilty !" He was accommodated with a seat,
but throughout the trial he kept sobbing and beating his
forehead with his hands, and seemed to be greatly dis-
tre-,sed.

Mr. Maule and Mr. West were for the prosecution ;
and Mr. Price and Mr. Greenhow for the prisoner.
The learned counsel, in stating the case, said that one
more appalling or more full of horror had never before
been presented to a jury. It appeared that the prisoner
was a tailor, living at Manchester, and that the deceased
Jane Benham was the principal dancer in a travelling
corps of performers, with whom she and her parents went
to the principal towns of the West Riding. The deceased
had been married to one William Benham, who some
time afterwards left her and proceeded to America.
She then formed a connection with the prisoner. They
lived togeth r as man and wife, and had two children.
The deceased's father, John Hope, was at this time
in India, whence he returned in May, 1855. About a
fortnight before Christmas last the prisoner and deceased
separated, when the latter and the two children went
to live with her father. In June the company were
performing at Halifax, to which place the prisoner had
walked over from Manchester, when he, atter a night
exhibition, followed them home and expressed a desire
to speak to the deceased. Her father said, " No," and
if he did not go away he would get a policeman and have
him taken up. Prisoner declared he must see her, and
'eventually he was told he might see her at nine the next
morning, when prisoner and the deceased had an inter-
view, and the former was heard to say that if she did
not mind and would not do what he wanted he would be
,hung for her yet, at the same time urging her to come
and live with him again. In September the company
was at Armley, near Leeds, when the prisoner again
sought for an interview. The deceased and her parents
,were lodging the next door to the Malt Mill Inn, and in
a front parlour of that inn prisoner, deceased, and her
father again met. The prisoner appealed to the father
to induce the daughter to live with him. The father then
said, " I don't want to have any more to do with you,
and I won't," and left them together. The door was
sharply closed—there was a rattling of the chairs, when
he next went into the room, which was shortly after-
wards, the deceased was on her back and the prisoner
on the top of her. The father said to hies, " What do
you mean, you scoundrel ?" Prisoner replied, " I mean
murder." The woman's throat was cut, but, strange to
say, she got up and staggered into the open street. The
prisoner walked out, too, without any interruption. He
was heard to say, " I have had my revenge ; now they
may do what they like : I'm ready to die." The woman
died about two hours afterwards. The prisoner, on being
taken into custody, to the policeman exhibited a drunken
demeanour, and to the gaoler he had suggested that all
this proceeded from his having been slighted. These
statements were made after his mind had been calmed,
and when he might begin to be speculative about cense-
`srpsneces.
Atter the examination of several witnesses for the pro-
, secution, the learned counsel for the prisoner then ad-
, dressed the jury for the defence, contending that there
was no previous malice in the mind of the prisoner, but
every evidence of an ardent and sincere affection for the
deceased. He had come from Manchester for the pur-
pose of seeing her, to endeavour to induce her to return
andliVe with him. He bad been travelling without any-
thing to eat and had been drinking on the road. His
laffection had been repulsed by her, and, aggravated and
driven to madness by her conduct, and probably by the
sight of the miniature of another man, which she wore in
j her bosom, in a sudden outburst of paseion he had drawn
the razor out of his pocket, which he had with him as
he was travelling, and had inflicted the dreadful injuries
he had done. He implored the jury lo look on the case
:rather as one of aggravated manslaughter than of mur-
der, for it, appeared to have none of the malice and pre-
, meditation of the latter dreadful crime.
His Lordship then proceeded to suns up the evidence.
He directed the jury that if they found that the deceased
died by the act of the prisoner, and that the fatal wound
was inflicted by him, they were bound to find him guilty
of the offence with which he stood charged, unless there
were some circumstances of palliation which would reduce
;the offence to manslaughter ; but if they found that the
;prisoner. entertaining a strong affection for the deceased,
and enaeavouring to prevail upon her to live with him
'again as his wife, yet, on the failure of his efforts, and on
;finding that his affection was disappointed, had deter-
mined that she should live no more, that would be within
the meaning of the law malice prepense, and would re-
quire a verdict of guilty. The .tep from earnest affection
to deadly thoughts was not without experience. Words
or disappointed affection were no palliation of a deadly
wound. If, however, the evidence left a reasonable doubt
on their minds the prisoner was entitled to the benefit of
it ; hut, if they bad no deubt thee the dreadful crime of
murder had been committed, it was of great importance
to society that a verdict should be given according to the
dictates of truth, and they would never regret a verdict
so given.

Tee jury expressed a wish to retire, and after an ab-
sence of 20 mi,,utes they returned with a verdict of
guilty.
Proclamation having been been made,
His Lordship put on the black cap, and, in a very im-
pressive manner, briefly pronounced the awful sentence
of the law, that the prisoner should be hung by the neck
till be was dead, and his body be buried within the
precincts of the gaol.
The prisoner was carried out apparently fainting, and
the dense crowd in court dispersed in silence.
This case finished the assizes.
(Before Mr. Gurney, Q.C.)
James Mitchell was indicted for having in July last
published a malicious libel, in the form of a handbill, at
Bradford, on George William Flint, an architect and
commission agent, living at Bradford, imputing to him
tbat he had been obliged to leave Manchester, Liver-
/3,01, and, Sheffield as a swindling vagabond, and that
he had, as a commission agent and money lender, ob-
tained a will and the title deeds of some cottage pro-
per's!. at Bradford belonging to a widow named Ann
Gibson, for whom he had obtained a transfer of a mort-
gage of 2501. on the property, and that, although the
property was of considerable value—the rents amount-
ing to 401. a year—Mrs. Gibson had never since been
able to obtain from him the will or any rent whatever,
and lie had attempted to sell the property and defraud
her oat of it.
Mr. Shaw appeared for the prosecution, and Mr.
Campbell Forster for the defence.
The learned counsel for the defence, in addition to the
plea of not guilty under the statute of the 6th and 7th
of Victoria, chap. 96, tendered a special plea in justifi-
cation, alleging that all the matters set out in the alleged
libel were true, and that it was for the public benefit, to
prevent others being defrauded, that the alleged libel
bad been published.
Mr. Shaw prayed for time to answer the plea, and that
the case might be postponed to the next assizes.
Mr. Foster resisted the application. The indictment
averred the statements in the libel to. be false. If the
prosecutor believed this he had only to join lame() on the
plea. The defendant had been pat to great expense in
bringing witnesses from Manchesters Sheffield, and
Bradford, to substantiate his plea.
The learned Judge said he could not resist the appli-
cation. The prosecutor was entitled to time to make
inquiries, and bad a right to demur to the idea if he
thought right. The case ivas then postponed to the next
assizes.

Richard Orgon, surgeon, was charged with forging a
promissory note for 1501., purporting to be made by the
prisoner and John Wightman jointly and severally.
Mr. Johnston appeared for the prosecution ; Mr.
Blanhhard f',r the dcfeuce.
It appeared that the prisoner had been for some years
assistant to Mr. Wightman, a'surgeon at Cawood, and
in the na:tddle .of last year bad bought Mr. Wighttnan's
business for 1,0001, to be paid by instalments out of
Money which :the prisoner proposed to raise partly by
loan from a At-. Farrer, and partly by taking a partner ;
and the whole of which money was paid ie the course of
the year. In the month of July, 1855, Orgon applied
to a Mr. Wheately for a loan of 4001. or 5001., and
subsequent'y NIL Wheatley got his brother-in-law, Mr.

Middlewood, to advance 150 e. to the prisoner on the
security of a promissory note to be given to by him and
Mr. Wightman. Orgon on receiving the money gave a
promissory note, which was proved to be entirely in his
own handwriting, the name of John Wightnian, as one
of the drawers, being forged. It appeared that Mi !die-
wood had taken fresh security in the shape of a bill of
sale, and refused to prosecute.

Mr. Blanshard, for the prisoner, contended that no
intention to defraud had been proved, and called one or
two out of 56 witnesses present in court to give the
prisoner a very high character.
The learned Commissioner having summed up,
The jury almost immediately returned a verdict of
Not Guilty, which was received by the spectators with
the most boisterous applause.

This case concluded the bu=iness on the list assigned
to trial to the learned Commissioner.
LIVERPOOL, DEC. 13.

Mr. Baron Alderson, who had previously disposed of
all the heavy cases in the calendar, left for London last
night in consequence of a telegraphic message. Mr.
Commissioner Channell will, it is expected, finish the
remaining cases by Tuesday.

MIDLAND CIRCUIT.—NOTTINGHAM, DEC. 12.
(Before Mr. Justice Willes.)
Henry Golland, aged 37, and George Golland, aged
50, were indicted for night poaching.
Mr. Boden prosecuted, and Mr. O'Brien defended the
prisoners.
It appeared that a party of five men were encountered
on the night of September 23 by the keepers of Mr.
Thorpe on land called Ling Moor, in the occupation of
Henry Gilbert, at Barnby-in-the-Willows. The men
had with them dogs and nets, and they bad possessed
themselves of large stones, which they threw at the
keepers. No great injury, however, was done to any.
body, and the men, wbo took to their heels very soon,
got off without being apprehended. The keepers,
however, now swore to the Gollands as being two of
the men whom they met on the night in question, and
a constable identified two hats found on the spot as the
bats of the prisoners. It appeared that the Ling Moor
was adjacent to a wood in which there was a large
quantity of game, and that the prisoners had not taken
any steps for the purpose of netting game in the Ling
Moor ; whereupon it was contended on their behalf that
unless the prisoners were on that land for the purpose of
taking there they could not be convicted.
The learoed Judge summed up.
The jury retired to consider their verdict upon the
question of identity. They shortly returned into court
and found the prisoners Guilty.
His lordship then. asked them whether they were of
opinion that the prisoners were out with the general
purpose of taking game wheresoever they could find it.
The jury answered the question iu the affirmative.
The learned judge then said that, in his opinion, upon
that finding the prisoners were guilty of the offence,
otherwise the act of Parliament would be so limited in
its operation that a conviction could scarcely ever take
place. If it were shown affirmatively that the persons
charged did not intend to take game in the place where
they were found, but were in transitu to some other
place where they did intend to take it, the offence would
not be committed ; but if they were out with the gene-
ral purpose of taking game wheresoever they could
find it, and were proved to be upon land in which game
might be found, he felt bound to direct the jury that
they were guilty. If, however, the learned counsel for
the prisoner should think that direction wrong he would
reserve the question for the Court for Crown Cases Re-
served.

Mr. O'Brien said that he did not think that he could
take exception to the ruling of the learned judge.
The verdict of guilty was then taken, and the prisoners
were Afterwards sentenced—Henry Golland to 4 years'
penal servitude, and George to 18 months' imprisonment.
John Potter, 52, Geo. Lomas, 36, Wm. Manners, 52,
and Chas. Manners, 37, were also indicted for night
poaching.
Mr. Merewether and Mr. Bell prosecuted, and Mr.
O'Brien defended the prisoners.
T .is prosecution arose out of another poaching affray,
which took place between the keepers of Lord Chester-
field and a large party of poachers, numbering according
to the evidence of the former, as many as 13 or 14 men,
at Gedling, on the night of the sth Sept. last. It seemed
in this instance that the actual violence began on the
part of the keepers ; for, according to the evidence of a
man named Musson, who was the chief of that party, he
saw at first only four or five men, wh' were setting a net
in a stubble field, when he, with some of hie assistants,
went up to them and asked them what they did there.
Upon receiving no answer he at once raised his stick
and knocked one of them into the ditch. He then fell
upon the prostrate man and remained there until some
of his companions returned to the spot, and, striking
Musson on the head with a stick, compelled him to re-
lease his prisoner. A. general affray ensued, and the
kePpers, of whom there were five or six, were knocked
down, and al! but one of them stunned for a minute or
so by the blows they received. Musson could not iden-
tify either of the prisoners,, but they were all sworn to
by one or other of the keepers, who were examined as
witnesses. They had all of them, however, upon their
apprehension and before the magistrates, denied that
they were out with the poachers on the night in ques-
tion.

The trial occupied several hours, and in the result the
jury convicted Putter and Lomas, each of whom was
sentenced to five years' penal servitude ; but acquitted
the other prisoners.
The Court did not rise this evening till near 11 o'clock.
DEC. 13.
Joseph Bunney, aged 39, labourer, was indicted for
setting fire to five stacks of wheat, one stack of barley,
and one stack of beans, the property of Wm. Baker, of
Colwick, on the 21st ov. last.
Mr. Boden prosecuted, and Mr. O'Brien defended the
prisoner.
The jury found the prisoner Not Guilty.
DERBY, DEC. 13.
Mr. Justice Willes arrived here this afternoon, and
opened the commission. The Court was then adjourned
to Monday morning, at 10 o'clock, at which hour the
grand jury are summoned.

WESTERN CIRCUIT.—EXETER, DEO. 13.
John Riley was indicted for assaulting Alexander Car.
rick with intent to murder him.

The prisoner pleaded " Guilty,V and then addressed
the Court in the most extraordinary manner ever heard ;
he would not care for being hung that moment if they
would only let him have the —'s life.
The Judge addressed him, saying be was a convict
at Dartmoor, and he had gone behind a warder with a
spade, and in a cruel and cowardly manner had cut him
ou the head.

Prisoner—Cowardly ! I don't eall it cowardly. I
should have been a fool if I had not tried to kill the
--. Talk about slaves ! Let the public go to Dartmoor,
and there they will see what slaves are. If they sprain
their ankle they give them poison ; if they have the
toJthache they give them a doge of salts. I only speak
tor my brother convicts. If one complains of a warder,
they put a nine pound weight of iron upon him ; a set
of ! they never had any clothes on their backs till
they got there.
The Judge—l want to say to you --
Prisoner—l don't care a what you say, I can
assure you.

The Judge—Have you done ?
Prisoner—No, I have not done. You, and all the
rtst r)f you, are a set of swindlers. Hang me at
once l

Eventually, after the prisoner had conducted himself
in such a way al to make every other prisoner appear a
polished gentleman, be was sentenced to three years'
imprisonment with hard labour.