The Sun.
London, England, 1851-08-25 00:00:00

ASSIZi I,v I LLIAIitaNCE.

NORTHERN ClRCUlT.—Liverpool. Aug. 23.
CROWN COURT.—(Before Mr. Baron PLATT.)
Thomas 111' Nally, aged 30, was indicted for having
on the 17th of December, 1850, assaulted Michael
Pye, with intent to do him grievous bodily harm.
Mr. James prosecuted, and Mr. Tindal Atkinson
defended the prisoner.
It appeared that the prisoner was the second mate
of an eligrant ship called the Arabia, commanded by
Captain W. H. Lowrie, which left Liverpool for New
York on the 9th of November, 1850. On the vessel
arriving in the Irish Channel, -Michael Pye, a Mal,
who had been engaged ea a stowaway on board, was
found secreted. lie was net to work, and placed in
the chief mate's watch. It appeared that Pye had a
maimed hand, and that he had great difficulty in goinw
aloft, arid the prisoner was continually bearing him
f.t. not proparly dCing what he was directed to d►►.
On the 17th of Dace►nher, about four o'clock in th•
morning, Pye was about to leave the mate's wa►ch,
when the prisoner ordered him to the pump. Pye
said he was tired, and wanted to go below. The pri-
soner then seized a rope, and beat Pye to the pump.
Pye tried to get hold of the pump-break, when the
prisoner stru,k him on his maimed hand until the
blood came, and Pye cried out, "Oh Godl I ca'
bear this no longer," and immediately threw himself
i►verboard, head first, in the water, and was drowned.
Several seamen corroborated this evidence. The vessel
afterwards proceeded to Charleston, and the witnes-
made a complaint there to the Consul of the prisoner%
treatment of Pp. The Consul, in consequence,
wrote to the authorities at Liverpool, and on the ship'.
return the present proceedings were instituted against
the prisoner.
The Learned Counsel for the defence contended
that the evidence would not support the graver
charge, and would only support the charge of a com-
mon assault.
His LORDSHIP having summed up,
The jury returned a verdict of Guilty of a com-
mon assault. •
Sentence was deferred.

Joseph Allison was indicted for having wilfully
murdered one John Hunt, at Manchester, on the 30th
of April last.

Mr. Monk and Mr. Sowler prosecuted, and Mr. T.
Atkinson defended the prisoner.
It appeared that the prisoner and the deceased were
both in the employment of a Mr. Goodwin, a cooper
at Manchester, and on the morning of the 30th of
April last they were both sent to Staleybridge and
Ashton under-Lyne to collect tubs. The deceased
had 71. given to him to collect the tubs, and the pri-
soner also had a little money given to him for beer and
expenses. In the course of the day they had collected
a quantity of tubs at different places, and were return-
ing home about nine o'clock. As they were later
than usual the wife of the deceased went to meet bim,
as also did the prisoner's wife. The wife of the de-
ceased met the prisoner and his wife on the Staley-
bridge-road with his horse and cart, and asked the
prisoner where he had left her husband. The pri-
soner answered, " At the Snipe Inn, where they bad
baited their horses, and that it she went on she would
overtake him." She accordingly went on, and about
half a mile further on she met her husband's horse
and cart coming on without him. She shouted for
her husband, and, receiving no answer, she took the
horse and cart herself to Mr. Goodwin's, and next
morning rose at four o'clock to go in search of her
husband. She then learnt that he had been killed
during the night, and that his body was then
lying at the New Inn, where it had been taken
by a man who found it lying in the road. It ap-
peared the deceased had been found 13 ing dead
in the road with his feet towards the kerb,
his cap off, and hia whip lying beside him.
Teere were no marks of a struggle on the road, but
there were some spots of blood, and a shilling was
found in the dust. 0a the body being examined by
a surgeon it was found to have received great inter-
nal injury, and four of the ribs were broken, and
there was a bruise on the right cheek. Ic was the
opinion of the medical men examined that the injuries
had been caused by two distinct blows, and had not
been occasioned by a cart wheel passing over him.
They were injuries likely to have been produced by
one man kneeling or stamping on another. It ap-
peared that about eight o'clock the prisoner and the
deceased had been in the Snipe public house
drinking together, and that they had been betting
together which of their horses would go the
fastest, and that after leaving the public house
they were heard quarrelling on the road and calling
each other " liars near where the body was
found. An apron worn by the prisoner on the day
in question was produced, on which were 40 or SO
spots of blood. The prisoner, on arriving at his mas-
ter's with his horse and cart, bad stated that be had
words with the deceased on the road and turned pale
when he spoke of him. When taken into custody on
this charge he said to the policeman he had no doubt
he should find it a bothering job, but be thanked God
he was innocent of it. Re afterwards said, that on
leaving the Snipe Inn they each rode on the shafts of
their carts, that be saw the deceased's cart following
him, but never saw the deceased alive afterwards. He
knew nothing about the spots on his apron.
These facts having been proved, the Learned Coun-
sel for the prisoner addressed the jury, contending
that the facts proved were consistent with the mi•
dental death of the deceased.

Hit LORDSHIP having summed up,
The jury found the prisoner Not Guilty.

CENTRAL CRIMINAL COURT.

OLD COURT.

The two boys, Upton and Gutteridge, who had
been convicted of placing a stone uprn the Eastern
Counties Railway, with intent to obstruct the passage
of the trains, were brought up for judgment.
Mr. Justice WIGHTMAN, addressing them, said that
they had been convicted under a most wholesome sta-

tut; which had been passed to prevent evils from aris-
ing, and which evils it was to be feared frequently had
arisen, from the malicious acts of persons placing ob-
stacles upon railways. No doubt could ba entertained,
in the present case, that they had wantonly, if not
maliciously, placed a stone in,sucka manner as must
inevitably have occasioned a very serious accident, if
net loss of life, if it had not been discovered and re-
moved. This was one of those offences which it
was of the very last importance to repress, and an
Act of Parliament bad been passed with
that object. It was clear that it was an offence
that could equally well be committed by boys like the
prisoners as by adults, and there was too much reason
to fear tbat many unfortunate accidents had occurred
from such mischievous acts. It was difficult to know
how to &al with persons of their age, or how to in•
filet adequate punishment upon them. Oais of them
was only thirteen and the other fourteen—hardly fit
subjects for transportation, although their offence was
one which fully deserved it. A long imprisonment,
and mixing with such characters as were likely to be
their as.oci3tes, was also hardly a fit punishment.
Upon the whole, in the difficulty in which he was
placed, he hoped that the sentence he was about to
pronounce would be a sufficient punishment for them,
and that it would deter other boys like them from re-
peating such a dangerous act. Tne sentence he should
pronounce upon Upton, who, although the younger
of the two, he considered the most guilty, inasmuch
as he was aware of the consequences that would be
likely to result from what he did, was one of two
months' imprisonment and hard labour, the first three
days in each week to be passed in solitary confine-
ment; and upon Gutteridge the sentence would be
six weeks' imprisonment and hard labour, the first
three days in each week to h' in solitary confinement.

NEW COURT.
(13-fore the REcoansit.)
Philip Long, 35, pilot, and Thomas Pickering, 20,
merchant, were indicted for stealing 100 bdip of
guano, the property of Robert Schofield, from a barge
upon the river Thames.
Ballautine and Mr. Robiwou pro3ecuted ; Mr.

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