The Sun.
London, England, 1860-12-04 00:00:00

ASSIZE INT_ELLIGENCE.

HOME CIRCUIT.—MAIDSTONE, DEC. 3.
The commission for the county of Kent was opened
on Saturday by Mr. Justice Byles, and business was
proceeded with this morning. There are 46 pri-
soners for trial, and out of this number 23 are sol-
kliers belonging to different regiments, and it would
seem that their principal object for the commission
of the crimes imputed to them was that they might
be discharged from the military service. -
Mr. Justice Byles adverted to this fact at some
length in his charge to the grand jury. His lordship
said that never having had the honour of meeting
them before in that county it was impossible for
him to say whether the calendar in the number and
magnitude of its crimes was heavier than usual, but
there was one circumstance in it which, in his short
experience, was entirely novel, and that was the
fact that more than half the offenders were soldiers
in her Majesty's service; and he was also sorry to
add that the offences laid to their charge were
crimes of the deepest dye, amongst which he ob•
served the crime of arson was very common. The
circumstance of so many soldiers being charged
with offences naturally led to the reflection, How
could this be? Some, it was true, were set down
in the calendar as imperfectly educated, but others
as being able to read and write, and some as being
able to read and write well. Time was when
education was looked upon as some security against
prime. but recent experience would seem to show
that this was a very ineffectual preventive. What
then were the special reasons for this crime in the
present calendar ? It seemed to him—and it was
a remark that he should not have made but for the
large number of soldiers about to be brought before
them, and which he would now refrain from making
if he did not think that to gentlemen of their weight
and position it would not be thrown away—it
seemed to him that these crimes by soldiers were
simply from want of employment, and that it was
from this cause that soldiers wandered about and
committed crimes. It proved indeed the old pro-
verb that employment was but another name for
happiness. Indeed a celebrated writer more
remarkable perhaps for his brilliancy than his
soundness—said that "employment is the happiness
of nine-tenths of the human race, who thus have
no time to consider and to know how unhappy they
really are." It was unnecessary to remind them of
what they had learned as schoolboys, that the
greatest military power that ever existed, and that
he hoped ever would exist—one that held the world
in subjection for 12 centuries—always took care in
times of peace to employ its army on works of
physical exertion, which made the soldiers stronger,
sounder, hardier, and better men when war again
made its appearance. The memorials of those
peaceful labours of soldiers remained until the pre-
sent day in those solid walls and straight and
admirable Roman roads which extended and radi-
ated from the metropolis to the extremities of the
then known earth. It was therefore a very serious
question whether on a frontier county like this the
superfluous energy of their soldiers might not be
employed in erecting works of defence, so that if
the fears which now existed in some quarters that
the blasts of war, silent on these shores for so many
centuries, should be again heard, they should be in
a firm position to meet the foe.

Jas. Hill, 27, and John Payne, 30, pleaded guilty
to ,a charge of burglary at Gravesend:
Mr. Russell was instructed to prosecute.
It appeared that the prosecutor was a solicitor,
who resided in Darnley-terrace, Gravesend, and his
house was broken open, and a good deal of property
stolen, the robbery having evidently been effected
by experienced burglars. On the same morning one
of the Kent constabulary, named Cleddish, who was
on duty at Greenhithe, several miles from Gravesend,
met the prisoners going towards London, and having
suspicion that they had been committing some rob-
bery, he procured the assistance of a brother con-
stable, named Jarvis, and these two, with a third
named Kettlend, endeavoured to apprehend the
prisoners. They, however, made a most desperate
resistance, but although the constables were severely
beaten and injured they stuck to their wen, and
eventually succeeded in securing them, and on being
searched a crowbar and other housebreaking imple-
ments were found upon them, as well as all the pro-
perty that had been stolen from the house of the
prosecutor. _ _

- Mr. Justice Byles sentenced the prisoners to be
kept in penal servitude for three years.
Mr. Russell said he was instructed to lay before
the Court a certificate of the magistrates by whom
the prisoners were committed, testifying to the good
conduct of the constables in this affair, and recom-
mending his lordship to exercise the power given
him by the statute, of ordering them a reward out
of the county funds.
Mr. Justice Byles said the magistrates were not
justified in making such a recommendation, as it
placed the judge in rather an invidious position if
he should differ in opinion with the magistrates,
and should be of opinion that the circumstances
were such as did not justify him in applying the
county fonds to the payment of a reward. His first
impression was that he should not attend to the
recommendation of the magistrates ; but upon con-
sideration, believing that the police officers had
behaved very well, and that if any one was to blame
it was not they, he would not do an injustice so far
as they were concerned, because the proceedings of
other parties had been irregular. He should there-
fore order them each to receive a reward of £2.

James Baker, 28, a private in the Royal Engi-
neers, a smart, soldierly-looking man, who was de-
corated with several medals, was charged with
uttering counterfeit coin.
Mr. Russell prosecuted.

The jury returned a verdict of Guilty, and the
prisoner was sentenced to nine months' imprison-
ment and hard labour.

George Barnett, a respectable-looking man, sur-
rendered to take his trial for misdemeanour, he
having unlawfully published a paper purporting to
be a copy of a summons issued from the county
court at Rochester, with intent to defraud.
Mr. Russell appeared in support of the prosecu-
tion ; Mr. Ribton was counsel for the defendant.
Mr. Ribton stated that the defendant was willing
to plead guilty upon the understanding that a cer-
tain course would be adopted, because he really did
not intend to commit any offence, or to do any-
thing wrong. The fact was that the defendant's
wife and the wife of the prosecutor were con tinua:ly
quarrelling, and he never could get any peace, and
in order to put an end to such a state of things he
procured one of the printed forms of a county court
summons, which could be procured at almost any
stationer's shop, and foolishly filled it up and sent
it to the prosecutor. His object, however, was not
to obtain money, or anything of the sort, for when
the prosecutor offered to give him money to settle
the matter, after the receipt of the supposed sum-
mons, he refused to take it, and said all he wanted
was peace.

Mr. Russell said he bolieved the facts were pretty
much as stated by his learned friend, and he was
not instructed to press for any punishment.
The defendant then pleaded guilty, and the
learned judge ordered him to enter into his own
recognizance to appear and receive the judgment
of the court, if he should be called upon to do so.