The Sun.
London, England, 1856-03-25 00:00:00

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT.—SnazwSBURY, Magee 24.
The assizes terminated here this morning. One court
only was opened, presided over by Mr. Justice Creas-
vs ell.

ROBBERY AT SHREWSBURY POST-OFFICE.
The prisoner Hughes, who was found guilty on Thurs-
day of stealing a letter, c?ctaining a shilling, in Shrews-
bury Post-office, was this morning sentenced to four
years' penal servitude.
TUE ASSAULT ON A GAMEKEEPER.
The prisoner, James Powell, convicted on Saturday of
feloniously wounding James Rose a gamekeeper, was
isentenced to be imprisoned for two years.
MANSLAUGHTER BT A CHARTERMASTER.
William Vaughan, who was found guilty on Saturday
of the manslaughter of Samuel Rigby, at Ketley, was
sentenced to a month's imprisonment.
I TERRIBLE ASSAULT UPON A POLICE SUPERINTENDENT.

. .
' William Broadfield, 44, a man of a ferocious appear-
ance, was indicted for wounding Thomas Abel Wilmot,
;with intent to do him some grievous bodily harm.
Mr.. Scotland prosecuted, and Mr. Cooke defended.
I It appeared that Wilmot, who was at that time one
Of the superintendents of the county police, was at Wen-
lock races, in July, 1849, with some of the men of the
force, and among the company were Broadfield and his
t ompanions' who tried to get up gambling. They were
i) revented by Wilmot. About 7 in the evening a fight
took place in a drinking booth, to quell which Bentley,
a policeman, went in. Broadfield, however, threw, him
across a table, and beat him well. At this juncture,
'Wilmot came in, and Broadfield ran away. He was
!Stopped, and Wilmot apprehended him. A violent strug-
igle then ensued, in which Wilmot's staff was torn out
of his hand, and used about his head most unmercifully
by Broadfield, who managed to escape, although several
ihuntireds of people were assembled. Wilmot was ren-
Idered insensible, and bled profusely. In consequence of
this, Wilmot has been permanently disabled; and has
!been obliged to leave the police force. His hearing is
also rendered very defective. The prisoner was not again
peen in that part of the country from 1849 until Oct7ber
Mast year, when he visited Bridgnorth, and was appre-
Oended a[ ter a desperate struggle, at a public-house there,
by Superintendent Baster, who had succeeded Wilmot
;in the police.
The jury found the prisoner guilty.
The prisoner, it appeared, had been previously tran-
*ported, and also been twice imprisoned for long terms.
The learned Judge said that but for a recent act the
Prisoner would have been transported for ten years ; and
the sentence of the court upon him now would be that
:of six years' penal servitude.
, ; Their lordships left early to open the commission at
gereford.

MIDLAND CIRCUIT.—WARWICK, MARan 24
• (Before Lord Campbell.)
NIMBI' V. rzmut,—DOG BITING CASE.
Mr. W. H. Adams opened the pleadings. The decla'
ration stated that the plaintiff had been bib and injured
by a mischievous, savage, and ferocious dog kept by the
defendant, for which the plaintiff claimed damages to
-the amount of 1001.
• Mr. Bit leston thought that this was a case in which
the jury would think that the plaintiff had sustained
some little hardship. He was a labnuring gardener,
and somewhere about the 16th of March, 1855, was re-
turning from his work, and passing through Aston,
when the wife of the defendant (who was the vicar of the
garish) came by, accompanied by two dogs. Tne am-
male, he believed, were called "Pepper" and " Mustard,"
and from their habits he thought the jury would consider
they well deserved their names.
Lord Campbell—Are they of the Dandle Dinmont
breed ?
Mr. Bittleston believed they were.- When the dogs
aw the plaintiff they immediately flew at him, in regu-
liar dog fashion, attacking him front and rear, and biting
him on the leg. The plaintiff treated the wound himself
for some time, and by his improper mode of treating it
increased the wound. Notice was given to the defend-
twit of what his dogs had done ; but nothing in the shape
'of remuneration beyond half-a-crown had been sent him.
'The plaintiff, therefore, now sought something like sub-
Ctantial compensation for the injury received. By the
law of the land, he was bound to prove the dogs were of
bad disposition, and accustomed to bite people.
Lord Campbell—That is the law of Ee4land, but it is
not the law of Scotland. By the law of that country,
the owner of a dog is liable lbr all its misdeeds without
the scienta.
Mr. Bittleston observed that in that respect the law of
Scotland would seem to be the better of the two.
Mr. John Smith, the attorney, here stated that a
subpcena had been served upon the defendant to produce
Pepper and Mustard. (Laughter.)
Lord Campbell—Let Pepper and Mustard be called.
(A. laugh.).
The dogs were here placed on the table of the court.
'They were handsome dogs of the Skye and Otter breed.
Frederick Roberts, the son of the parish clerk of As-
ton, stated that he had about a year back been attacked
by the dogs in question. One of them tore a small hole
in his trousers. He had previou.ly shaken his stick
at them, and had, in fact, thrashed them for growling at
him.
A brother of the last witness, a boy aged 14, proved
that about 16 months ago he was in the Vicarage-yard,
going to the vicar's, when be began to stroke the darker
dog (Mustard), when the other came behind him.
Thinking he was going to bite him he put out his foot
behind him to keep him away, when he bit him in the
leo.°. It was a slight wound, and hardly drew blood.
Thomas Emery, the plaintiff, is a gardener, and lives
about a mile from the defendant's. On the 16th of
March, last year, he was returning home from his work
between five and six. Was going down Park-street, a
quarter of a mile from the Vicarage, when he saw a lady
with two does They came barking, and attacked him,
•the one before and the other behind. He was in the
middle of the road. They were trying to bite him, ar.d
witness kept turning round and trying to keep them off
with his hands, and while he was doing so to the one be-
fore, the other (Pepper) bit him from behind in the leg,
near the ankle. It bled very much. He said, "Oh !
:dear. Oh ! dear." The lady came up, and said she
'was very sorry. Witness said, "Very sorry will neither
cure my leg nor take the pain away." That lady was
-Mrs. Peake. Was attended by Mr. Cross, a surgeon,
.who attended him several weeks. Witness bad been un-
able to dig since. The doctor's bill was 3/. 16e. od.
Witness sent, a message by the vicar's servant that he
wished to see him, and the servant brought him balt-a-
crown. Went a second time a few days after, and sent
in a message that he wished to see Mr. Peake. The
servant came back and-said her master would not see
him.

Cross-examined—Had never had a doctor's bill before,
ncr a lawyer's either. Had .been able to do without
either till now.
Lord Campbell—Did the dogs come up, good na-
turedly, as it were to lick your hand
Witness—Oh, no ; they came up and attacked me—
they came like lions. (A laugh.)
Mr. Cross, surgeen, proved that he attended the
plai utiff, who had a deep sore four inches above the ankle
and two smaller wounds on the other side. Attended
him from the 3071 of March to the 30. h of May. Tee
plaintiff was incapacited Irons attending to his work. 1-le
is not well yet, though the wound is healed over. His
chsrge was 37. 155., which was moderate, on account of
the station in life of the plaintiff.
Wm. Insley proved that he was attacked by the two
dogs Mustard and Pepper sixteen months ago. One of
them bit through his trousers and stocking, and four
teeth went into his leg. The dogs bore a " furious
character." (Laughter.)
Another witness, named Johnson, stated that, in pass-
ing defendant's house, he had been bit in the leg by one
of the dogs.
A butcher, named Butler, who supplied the defendant's
house with meat, said that he had been bitten by Pep-
per, and had his trousers torn. He complained of it to
the servants.
Henry Butler, the son of the last witness, said that,
fifteen months ago, when he delivered meat at the Vicar-
age, he had been twice bitten at by the dogs, which were
sometimes held by the servants till he had left the pre-
mises.

Mr. Serjeant Hayes, for the defence, reminded the jury
that the defendant wag charged witty keeping dogs of "
savage and ferocious nature, and accustomed to bite and
injure mankind." To a certain extent it was their nature;
for—

Dogs delight to bark and bite
And worry children too;
but the animals complained of had been brought into
court, and certainly two more amiable and quietly-dis-
posed dogs he (the learned serjeant) had never seen; for
during the whole time they were wagging their tails,
which was of itself rather contradictory of any sign of
ferocity. The injury had been done in play ; and there
was not a particle of evidence to show that Mr. or Mrs.
Peake knew that; in March, 1855, they kept a dog know-
ing it to be of a safage and ferocious kind, and " accus-
tomed to bite and injure mankind." If from what had
been done these dogs were to be pronounced ferocious,
what was to become of the ladies throughout the coun-
try. They must at once get rid of their dogs ; and what
would then become of the ladies themselves ? They could
scarcely go anywhere into private houses or public parks
but they saw ladies with their lap-dogs ; and if, becau,e
a butcher's trousers were torn on some one occasion, they
were to call upon ladies to discard their favourite Skye
shared
female
terriers, which bad superseded the pug and spaniel; and
u
with those little things called,
by courtesy,
whole fmourtesy, bonnets"—what really would become of
tho
oleurseexclully
la

The defendant was called, and said that he had bad
Pepper 2 years, and Mustard about 6 or 7. Up to March
last year never knew that the dogs were of a savage or
ferocious nature,
,and never heard of a single instance in
which thee were accustomed to bite and injure mankind.
They were perfectly quiet. Everyday many Of the poor
were coming to his Lifetree, where the dogs were running
about or in the yard. He had a number of tame rabbits
running about, with which Pepper was accustomed to
play. None of the poor ever complained of being bitten.
Crows-examined—Both dogs were perfectly quiet. He
6ret heard of the plaintiff being bitten three weeks after
it occurred, when his wife told him of it, and he desired
her to send half-a-crown.
Mrs. Peaky said that till March last year she had
never heard of the dogs having bitten any one, or that
they were of a savage and ferocious character. She found
them good-tempered dogs. She was in the constant
habit of taking them out with her for a year before that
time. 'Was in the habit of taking the dogs with her into
the bed-rooms of the sick poor. They were never chained
up, but frequently in the yard, where poor people and
children passed through. Once or twice had heard ox
their tearing the butcher's trousers. Had never heard of
tifeiil-bitirig any person.
Frederick Roberte, gen., the par'sh clerk and sexton
of Aston, said that he knew the dogs well, and was in
the habit of going daily to the Vicarog-e. Had never oh'