The Sun.
London, England, 1860-12-07 00:00:00

ASSIZE INTELLIGENCE.

- •
MIDLAND CIRCUIT.-LINCOLN, DEC. 6.

Mr. Baron Bramwell attended Divine service in
the Cathedral this morning, and at 11 o'clock pro-
ceeded to the Castle, where he took his seat, and,
having charged the grand jury, commenced trying
prisoners. _ .

Abraham Hoyles, a labourer, was charged with
having cut, stabbed, and wounded Thomas Gilliatt,
with intent to do some grievous bodily harm.
Mr. Flowers was counsel for the prosecution ; Mr.
Stephen defended the prisoner.
It appeared from the opening statement of the
counsel for the prosecution that the prosecutor, the
'prisoner, and others were at the Railway Inn at
Little Steeping about 9 in the evening of Oct. 26,
when a dispute between them resulted in a challenge
by the prisoner and a fight, in, which the prisoner
had the worst. He sat down, and was seen feeling
in his pockets as if to find something, and then
again challenged the prosecutor, upon whose
approach with doubled fists he backed into a dark
passage, where, after a struggle, both fell to the
ground. The prosecutor returned into the room,
unconscious of having been stabbed or cut, until
one of the bystanders noticed blood coming from
beneath his coat. He then found that he had been
cut in several places slightly, but in two more
severely ; and through one of the wounds a portion
of one lung protruded. The prisoner, who came
into the room after the prosecutor, said he had cut
his finger, and was seen with a knife in his hand.
He was then very much knocked about by those in
the room, and while lying on the floor vas kicked
by the prosecutor.
Mr. Stephea addressed the jury with a view to
reduce the verdict to one of unlawful wounding.
His Lordship having left to the jury the question
as to whether the prisoner had the intent charged,
The jury, after a short consideration, found a
verdict of unlawful wounding.
He was sentenced to 18 months' imprisonment,
with hard labour. _ .

Ed ward Roberts, charged with feloniously setting
fire to a stack of cole-seeds, the property of Jabez
Bailey, at North liyme, pleaded guilty.
Mr. Flowers informed the court that he was in-
structed by the friends of the prisoner to defend
him, but that he insisted upon pleading guilty.
The learned counsel, however, thought it right that
the Court should hear the evidence of a surgeon
who had attended the prisoner, and that also of the
prisoner's brother; both witnesses, he was
instructed, had before the commission of the offence
noticed that the prisoner was in a desponding state
of mind, so much so that the surgeon had recom-
mended that he should be sent to an asylum.
His Lordship inquired whether the evidence was
adduced with a view to show that the prisoner did
not understand the nature of the offence to which
he was pleading, and was not competent to plead ?
Mr. Flowers answered that he was not instructed
that the evidence would go to that extent, but he
thought it right that the Court should hear it.
The learned Judge expressed his willingness to
do so, but desired to go by steps. The plea of
guilty 'would stand, since the prisoner understood
the nature of the charge to which he was pleading,
and he would now hear the evidence.

George Ritchie, surgeon, being sworn, deposed
that he had known the prisoner several years, and
had attended him previously to the commission of
the offence. He had then complained of pain in
I his head, and the witness considered him is not of
sound mind, observing that his manner was melan-
choly and fretful. He therefore advised his friends
to send him to a lunatic asylum.
The prisoner's brother confirmed the surgeon's
evidence.
The learned Judge, before pronouncing sentence,
spoke to the following effect :—Prisoner, you knew
when you did the act to which you have pleaded
guilty that you were doing wrong'aud disobeying
the law. That you are of unsound mind I believe,
but that is no reason why you should not be
punished. I address the explanation of the reasons
why I. pass upon you the sentence which I am about
to pronounce, not se much to your understand-
ing as to those around who hear me, and to
those whose duty it is to notice them. The law
makes unsoundness of mini no excuse for
offences, except it were such that you did not
at the time know the nature of what you
were doing, and that it was wrong and un-
lawful. No doubt it is very unfortunate that per-
sons of unsound mind should become by that-
affliction less under the influence of-moral restraints
and of the restraints of law; but it would be sad
indeed for the public if, when
thethosel restraints are
weakened, the protection of
withdrawn by the extension of
impunity w
of
wereoffe t on o
ebee.
I ain not sure it is not more necessary to punish
a mad man than a sane one, so far as the protec-
tion of the public is concerned. I feel bound to
sentence you to the same punishment as if you
were sane. Had you pleaded "Not Guilty," and
been acquitted on_
.the ground of insanity., you
would haveboeensubject to confinement during her
servitude Maj est-yhe t
Majesty's
for u
fght pleasure, which, unless her Majesty's
Ministers
life. rr fit to shorten it, would be for
sentencee, I i as aboutmone
which
to
ipass,t i e
alsoo f
in
power of her Majesty's Ministers to remit or shorten

if they think fit ; the only difference, therefore,
between your acquittal and conviction is that hard
labour is added to confiuiement. The crime com-
mitted is a horrible one. Arson is with respect to
property alniost the same as poison is in respect to
life. •

NORTHERN CIRCUIT.--NEWCASTLE-ON-TYNE,

DEc. 5.
(Before Mr: Justice Hill.)
Robert Foster was indicted for the manslaughter
of Thomas Foster on the 26th October. last.

The Hon. A. Liddle and Mr. Bruce prosecuted ;
Mr. Davison defended the prisoner.
Thomas Foster, the deceased, was the son of Mr.
Foster, the owner of a fishery at Newburn, and was
at the time of his death 18 years of age. The pri.
soner, a man about 20 years of age, was also anatu-
ral son of Mr. Foster, and resided with him as part
of his family. On the 26th October Mr. Foster and
prisoner went to Newcastle on business; the deceased
and another man were out shooting. When the
party returned from Newcastle the deceased was
sitting in the kitchen with his dogs, A quarrel
seems to have arisen between the different members
of the family as to cooking some fish for supper.
The prisoner appears to have got into a bad humour
and kicked one of the younger brother's dogs,
which called from the deceased the observation that
"he would make him pay for it." After this the
prisoner took up the poker and threw it towards
where the deceased was standing, hitting him on
the head and fracturing his skull, from the effects
of which he died. The dog was at the time lying
at Thomas's feet. The prisoner said immediately
that ho never intended to hit the deceased. The
prisoner was . proved to have been on very good
terms with deceased and the members of the family
except the wife, who was shown to be in the habit
of getting drunk and to have a strong feeling
against the prisoner, and was described by the
medical man who was called in to attend the de-
ceased as being in a state of " great excitement" on
the night in question, and by Mr. Foster to have
been drunk, and for 12 days previously.
It was contended for the prisoner that the poker
was thrown at the dog. The rector of the parish
and several other gentlemen gave the prisoner an.
excellent character. _ _ _

His Lordship summed up, and asked the jury to
say whether the poker was thrown at the dog, or
the mother, or deceased:
The jury found the prisoner Guilty, and that the
poker was thrown at the mother or deceased, and
not at the dog, but recommended the prisoner to
mercy on account of his previous good character.
He was sentenced to six months' imprisonment.
Thomas Williams was indicted for uttering a
forged Bank of England £lO note, at Newcastle,
on the 13th of November last.
The Hon. A. Liddell and Mr. Bruce prosecuted;
Mr. Davison defended. .

On the 25th of August the prisoner went into
Mrs. Barkass's eating-house on the Quayside, d. an
had some breakfast. He asked for change for £lO.
Mrs. :Bark'ass had no change, but sent to Mr.
Spence, a neighbour. Mr. Spence could not change
it. A person named Gibson was at Spence's at the
time and saw the note, and having some suspicion.
about it took it to the bank, where it was found to
be forged. The prisoner was taken into custody,
and in: his possession was found another forged
.£lO note. The prisoner also was shown, to have
been in Newcastle in 1858, and to have passed a
forged £lO note at that time to a Mr. Bailes, who
had kept the note, and now produced it.
The prisoner was convicted, and sentenced. to six
years' penal servitude.

COUNTRY IMAB.KETS.

BIRMINGHAM-DEC. 6.

A fair business was done in wheat to-day, but a lass
supply. English old and new wheat must be quoted at
late rates ; sellers still refusing to submit to a reduction.
Barley was a dull sale, and again fully cheaper to sell.
Oats 6d, and beans add peas is per qr cheaper.