The Sun.
London, England, 1834-07-18 00:00:00

ASSIZE INTELLIGENCE,

Re-examined.—Prisoner lives not two hundred yards from
the barn.
By the JUDGE—There might be more than one hundred
persons about the fire. A great many persons were standing idle.
John Lachmere, a magistrate of this county—The prisoner
was three times before me. I wrote down what he said. It
was read over to him.
The examinations were read. He denied at first knowing
why he was brought before the magistrate. Said he went
to bed at half-past eight; then there was no fire, and when
he was alarmed by the fire, he went there to meet his brother,
and raised a ladder against the cottage. He protested his
innocence.
On the second occasion, he said he wished some witnesses
to be examined for him. He said he was alarmed by the cry
from John Wheeler and Tustin going to Barford, and went
there with several other persons. He said he had assisted to
put the fire out, and went away to get his breakfast at five
o'clock. If it had been a high wind it would have burnt his
own cottage.
Edward Field examined—Was present when the prisoner
was apprehended, on the day after the fire, at 12 o'clock. I
went to his house : took off one of his shoes. It was a nailed
shoe. I went to the marks in Evans's garden with other per:
sons. I compared the shoe with the mark in the bed. I
compared the shoe with a mark on a rail by Evans's gate, a
dark mark of nails scraping against blue posts, which was
quite fresh. The width between the nails corresponded with
the scratches.
Joseph Nichols, a labourer at Hampton-_I know the pri-
soner. Our houses adjoin. On the night of the fire prisoner's
wife hallooed and woke me. 'William Dale lives near me. I
woke him. He and I went to the fire. I don't know whether
prisoner was at home or not. There were several persons there.
I did not see prisoner there. I saw him first about four o'clock.
On the Thursday I went to my pig-stye. Prisoner came to me
and said, " Joe, will you go and help me to set Davis's barn
on fire ?" I said, " No ; if I be to die, I will die in a different
way, not with a rope round my neck." I went away. I saw
him on Saturday morning. He came to my house. Dale was
there. He smiled, put his hand on my shoulder, and said,
" Joe, you have no cause to look so sly, it was William Dale
and you set the place on fire." I said, "If there's never a
place set on fire till I set it on fire, there will never be one."
He went away directly.
Cross-examined—I am a labourer. I was taken up myself
on this affair en the third time. I was sworn at the first ex-
amination. I did not tell it till I was accused. Prisoner did
not charge me before the Magistrate.
By the JUDGE—I saw prisoner carrying water to the wag-
gon. I stated that before the Magistrates, but I meant the re-
maina of the wag-gun.
John Sollis, labourer, living near the prisoner, riecollects
on Thursday, before the fire, the prisoner had a pipe, and was
smoking. He said he had told the deputy-overseer that he
understood he wag
.0 ga,el-taker, and that he was the first he
should have to gaol. Davis was overseer at the tittle: He
was the best master of the parish till
.Fowler came up there;
since he had been up, he had spoiled him, and he had become
the worst, and he would have something. of him within a day.
He said the ashes had drown cold which had blown over Iron-
admit frdiii {lid oilier life, ilia it *alit ed &Jailer good fire.
Mr. Loveden had had a farm burnt down there. I saw the
prisoner on the Saturday at my house. He said the ashes
were cold over Iron-down, there had been another smartish
fire, and he would be bound they would not take the head
rOongy off that morning: Ile said ;11,0 boteden and young
Field had been watching aboat, he did not know what iii6y
wanted ; he'd lay a guinea they took him.
Cross-examined--I did owe the prisoner some money.

This was the case for the prosecution.
The prisoner said, " 1 Inn quite innocot of
ME: &MI, tile jii'oitieiliOi,lieing reeallec~, said lid had et=
fered 'a reward of 1001. immediately after the fire.
Mr. Baron ALDERSON summed up the case to the Jury. He
told them that this was a case of circumstantial evidence, which
required the strict attention of the Jury, for if it led to the
only couelutidn tit tit* priitintrqt gut, t Q ffefe hotind td dd
him.guilty; but if it were such as might warrant 'any otndf
solution, such testimony was very 'fallacious, and they ought
not to act upon it so as to convict the prisoner ; that this 1;14'
a case of suspicion undoubtedly, but they were to s4y :whether
it proditded a edferit and irresistible conviction in their alinds
of his guilt:
The Jury deliberated a few minutes, and then acquitted the
prisoner.

HOME CIRCUIT.—.CHELMSFORD, JULY 16.
(Before Lord Chief Justice TINDAL. )
James Day, a labourer, aged 19, and Joseph Thurley, aged
18, were indicted for having, knowingly, wilfully and feloni-
ously Rog. a ortaio ibtteil itithOtli titit tiliiii,4 4 wilfully
Bdb-
Oribld tlibl-elb, threaienitig to diiirde'r Mary mid Baker.
. burnwi.t h
sTehnderinegwseimreilaOi.threeittoiii.isd,tic.et4,iiiemntri.
his and. otftet tiei4BA' 11844; Diir 4iii alio iri EilAbiq en
stkiphildil Of having set fire to some out-houses of Mr. Hay-
clkilliylei,n4hleeittPenriisnlnetros
den's, to which Thurley was suspected of being accessory.
Mr. CLARKSON and Mr. DEEDES were for the proseentliyn,
and Mr. Doyypic!.tfositite pri§dniii:
, It Attil...4led tuat olliary Ann Baker, the prosecutrix, had
been housekeeper for nine or ten years to Mr. Hayden, ho
was a farmer tt C;:tti ilamngbury, in this county. in the
month of February last, a fire had broken out on his premises,
which destroyed hisy ttztOnntd, sl,abiti; .tted plgOtlet On the
ifiAroint 61', 116nla;•, Latch 3, he discovered a letter in his
garden, which he opened, and handed over to Mrs. Baker.
Mrs. Baker had been accustomed to go over her master's
house and premises every evening. Having received the let-
ter from Mr. Hayden and perused it, she went out ,in the
evening of the Mine
ciiiq t leek '64'7.0 ttie fii•EinNel: HaThig
ci'OASK the raig-4P got into the barn-field, she over-
heaCd abide persons speaking very low on the side of the field.
She went into an out-house chase by, and fastened the door,
when two persons presently came and entered into conver.
sation. One said, " Joe),go Ai, the # alb, ad to it yott Mt
see the. light . aliMer. thrdiigh the shiittert." The ether
i'ltl iiii proved to be Thurley) obeyed,, and fetittried, iat-
ing, he could See hie light;i His ebriipanidn (bay) observed,
with ail bath; 1` 1 klt.'nbri: h they are gone to bed, what shall
ki,tl dot Go and throw it into the stack-yard." He was
answered, " I don't NA they'll find it there; we had bet-
ter go back- t,)i 311.Iiii Vviji 01"0 beat, and throw it over
the kik eiilita Raul, am trim thau must find it : if
they don't, I'll carry it home and •-:-' --
pens, and was forced to write ;hiPst:litthin tehenefii
.
told me he'd not write any mere, as he had destroy ad his
he should bairn
.hit
did, brit at the tii VAN dropped a
olicii,
,roilfitir,thos
141,h
idlre;,_afaioirdrchLhiehnidmssaeillil
. I. outfthere, which
said
iTuheb:yt,lie:l7iiihea4dih:kilnioliw.: Ww
Sheintll:tPitChci bo9iut opfasspeteurff; et done
thatch, it would make all that confusion I'd not have done
it." Thurley observed, "We had better bo offi for if the
Bakerkeepers
quittedsee u s
herwe mpluasetor
of
fn
concealment,l ikef
ThancYd thpetelrupmtrshe
paper that had been dropped Sh " '
proceeded to tole front
garden directly, when she hid herself beneath bll
a us ~Shortly
after, one of the prisoners came d
the garden. Mrs. B k '
a er ap threw the letter' over into'
poked it up. She afterwards iden-

OXFORD CIRCUIT.—OXFORD, JULY 16.
The Judges arrived in this city from Abingdon yesterday
about three o'clock, when the commission was opened, and
they went to church. The business commenced this morning.
There are 13 causes in the list, 8 of which have been tried to-
day. In the calendar there are 37 prisoners, one of whom is
charged with arson.

TILE KING V. THOMAS MIMS.
The prisoner was indicted for maliciously stabbing William
Bullock, with intent to murder him.
Mr. JORDAN called William Bullock, who stated that about
half-past nine o'clock, on the ninth of this month, he was going
along a lane at Bletchington, in this county, when he met the
prisoner talking to two men named Green and Tomlins. The
prisoner asked him where he was going, and was very
tipsy. He said the witness had better go to bed to his
(prisoner's) wife. Witness said he neither wanted him nor
his wife, and if he bothered him more about his wife he would
kick him. The prisoner dared him to kick him, and said if he did
kick him, he should never kick any one else. Upon that he
went up to him,'put his hands on his shoulders, and kicked him,
not intending to hurt him. The prisoner then struck him
with a sharp instrument. The blow was aimed at the bottom
of his belly, but he turned round and received it on the hip. He
became very faint, and was taken to a public house.
(teen and Tomlins corroborated his statement, and accord-
ing to their evidence, Bullock held up his fist and kicked the
. . .
prisoner before tne latter struck the prosecutor ; whereupon
Mr. Baron ALDERSON directed the jury to acquit the pri-
soner, as the case would not have amounted to murder if death
had ensued.

JULY 17.
ARSON—THE KING V. JAMES SIMONDS.
The prisoner was indicted for maliciously and wilfully set-
ting fire to a barn at Deddington, in this county, the pro-
perty of John Davis.
John Davis—l live at Deddington. In May last I was
overseer of the hamlet. Prisoner was a labourer, working
for me as overseer. The prisoner was paid eight shillings per
week, besides his family pay. He had 10s. 6d. in all. He
was digging. I have a barn twenty yards from my house.
On Friday, the 9th of May, there were wheat and barn imple-
ments. There was a waggon with a load of straw three yards
from the barn. I went to bed between nine and ten o'clock.
Between one and two in the morning I was awakened by ax
alarm of fire. I went to the window and saw the barn in
flames from the low corner of the thatch. I saw no ono
there when I first got down. I saw prisoner there three
quarters of an hour afterwards. He was standing with his
hands in his breeches pocket. Some men there were endea-
vouring to put it out. I did not see prisoner do anything till
six o'clock, vi hen the barn was down.
Cross-examined—The fire was raging with violence when
the prisoner stood doing nothing. The people came in all
directions on the alarm. There are seventy or eighty persons
in this parish dissatisfied with the overseer. There has been
some fresh arrangement in this parish which has displeased the
paupers. _ _