The Sun.
London, England, 1859-12-14 00:00:00

.I•SSIZE IN TELLIG-lENOE.
NORTIIERN CIRCUIT.—YoRK, Dec. 12.
(4efore Mr. Justice Wightman.)
At the sitting of the Court this morning,
John Binne.y, found guilty some days act° of man-
slaughter in causing the death of his wife by striking
her on the head with a sand hammer in a dispute
with her, in which she had seized the poker, was
sentenced to penal servitude for seven years.
Edward Gorman, found guilty of uttering a
forged £5 Bank of England note, well knowing it
to be forged, at Leeds on the 15th of September
last, was sentenced to penal servitude for five years.
On swearing. the jury one of the jurymen refused
to take the oath, on the ground that he had con-

seientious scruples. -
His Lordship—What scruples ?
Juryman—l consider it contrary to the Bible in
several places.
His Lordship—Do you object to take the oath?
Juryman—Yes, I do.
His Lardship—Very well, then, you can leave
the box ; but you must sit there (pointing below it)
and remain every day till the end of the a ssizes.
it would be very easy for any one, by stating that
be had conscientious scruples, to eseape the duty of

a juryman altogether.
The juryman accordingly took the place assigned
to him amid considerable amusement in court
John Finn, a militiaman belonging to the 3d
West York. was charged with the manslaughter of
Manasseh Sheehy, at Hull, on the 23d of Septem-

ber last.
Mr. Wheelhouse prosecuted, and Mr. T. Camp-
bell Foster defended the prisoner.
The deceased, who was an able seaman belonging
to the Cornwallis, one of the vessels of the royal
navy, stationed at Hull, having, together with some
comrades;' obtained 14 days' leave went from Hull
to Sunderland. On the 3d of September he along
with some others were, about 10 o'clock at night,
in the George and Dragon publichouse there. The
prisoner as well as some girls were also in that
house at the same time. One of the girls said
something insulting to the prisoner, on which he
struck her three or four times, which when another
of the women saw she immediately either threw
the contents of a glass of rum and water in the pri-
soner's face and the glass after it, or using the glass
as a weapon struck and cut the prisoner's fore-
head. This, in addition to the former matter, seemed
to have excited him to an' intense degree, and ceas-
ing his attack upon the first girl, h immediately
began to kick the one who had thrown the glass at
him. The unfortunate deceased, who up ..to that
time had 'not interfered, and who was stated to
have been quite sober, observed to the prisoner,
" Thou art no man to kick a woman in that way,
and she with liquor in her," whereupon prisoner
retorted by asking the deceased if he had anything
to do with the girl. The deceased answered merely
" No," and prisoner made use of the observation,
" Stand clear," and unbuckling his waistbelt, and
doubling it up so as to form a two-fold thong with
the breast clasp dangling at the end of it, swung it
round his head and struck deceased a most severe
blow ors elieetop of the skull with it. The latter
immediately staggered backwards and fell into the
arms of one of the women, and in consequence of
blood flawing it was then discovered that deceased
had received a wound on the head. This appeared
at first to be little more than a deep prick or small
stab, bnt deceased always afterwards complained of
his head. He was, however, then put to bed, was
brought from Sunderland to Hull on the following
Monday very ill, was taken in a day or two, first
into the " sick bay" of his ship, and subsequently
transferred to the Admiralty Hospital at Hull.
There he continued to get worse ; partial paralysis
supervened, then coma came on, and he lingered till
the 22d, when he (lied. On a postmortem exami-
nation it was found that the wound involved frac-
ture or' depression of a small portion of the inner
table of the skull, which, causing irritation and sub-
sequent inflammation, had prodiced a deposit of
matter'which, increasing, was apparently the sole
cause tn. which deceased's death was attributable.
Mr. Foster, for the defence, contended that the
prisoner might not be the man who had struck the
deceased, that there had been a general row in this
low publichouse, in which the evidence showed'
that fise or six other militiamen had taken off their
belts ; and that the testimony of the girls was not
to be relied- upon in this matter, as one or both of
them were intoxicated at the time. '
After a' careful summary from the learned judge,
The jury returned a verdict of Guilty, and the
prisoner was sentenced to be imprisoned for 12
calendar months with hard labour.
Itichard Horsley, aged 28, was indicted for forg-
ing and uttering at Malton, in the North. Riding,
with intent to defraud Messrs. Bower, Hall, and
Co., bankers at Maltoneou the 15th August last.
A second count charged Jane Hannah Horsley,
Elizabeth, Ballon, and Ellison Haigh, ith comfort-
ing, harbouring, and maintaining Richard. Horsley,
knowing that he had committed felony.
Mr. Peyronet Thompson and Mr. Chewton ap-
peared for the prosecution ; Mr. Price defended the
prisoner Richard Horsley, ; Mr. Blanshard defended
the female prisoner Horsley ; and Mr. Campbell
Foster appeared for the other two prisoners, Ballon
and Haigh.
It appeared from the opening statement of the
learned counsel that the prisoner, Richard Horsley,
had presented a cheque purporting to be drawn by
his uncle, a farmer named Abbey, who kept a bank-
ing account at the East Riding Banking Company's
Bank at Maiton, on the 16th August last, for £l5O.
A letter had been'sent to the bank that morning,
purporting to be written by Mr. Abbey, stating
that his nephew would call with the cheque. The
prisoner called, andlaving satisfied tha cashier at
the bank that he was Mr.. Abbey's nephew, the
cheque was cashed by giving to him £5O in Malton
notes, and a draught on a London banker for £lOO,
which the prisoner got cashed at a bank at Hull the
same day. Almost immediately after he got cash
for this note, a telegram was sent to the Hull bank
desiring them not to cash it, and in consequence
the prisoner was taken into custody at his own
lodgings in Hull.: His wife went out and took wi
her the greater portion of the money, and handed 1,
to Mrs: -Ballon to take care of for her; and Mrs. Bal-
ton, natliking the charge of it, and being about to
leave home, sealed the money up in a box, and de-
sired her servant (the prisoner Haigh) to take the
box to her mother's to take charge of it fbr Mrs. Hor-
sley. It was contended for the:proeecution that this
act was done -while the officers had the prisoner
Richard Horsley in custody, and it hindered their
tracing the robbery, and was is the act of " harbour-
ing and maintaining" laid in the indictment.
llis Lordship put it to the learned counsel, for the
• prosecuti m, whether he could maintain the charge
against the prisoner Horsley's wife for " comforting,
harbouring, and maintaining her husband." It was
no offence in law.
The learned counsel admitted that he could not
maintain the charge against the prisoner Horsley's

wife...
Mr: Foster awn submitted, on the learned coun-
sel's opening as against the other two female pri-
soners,. there was no " personal" harbouring and
maintaining, which alone could constitute the of-
fence, and the offence charged was a joint act.
His Lordship said he would hear the evidence.
It was then proved that the cheque had been pre-
sented and paid at the bank, and Mr. Abbey, a
farmer, aged 75, proved that the cheque wag .not
written by him. •
On- cross-emdmination by -Itlr. Price it appeared,
however, that he had been verykind tothis nephew,
and had told him he should leave him his money,
and that.hisnephew,had. asked him toilet him have
some of it in his-lifetime, as it would do him more
good ;'that he had had a long conversation with him
the day before the cheque was drawn, and from that
conversation his nephew might have supposed that
he had authority to draw the cheque. He had since
authorised the banker's to charge him with the
amount of it, and he now paid the cost of the pri-
soner's defence, .
After this evidence his Lordship asked the learned
counsel for the prosecution if he could carry the
case any. further., . .
Mr. Thompson admitted that he could hot, and
the prisoners were directed to be acquitted,

LIVERPOOL, DEC. 13.
- (Before Mr. Baron nartin-.)
Christopher Kelly was charged with uttering a
forged. Bank of England note for £5, with intent
to defraud the Governor and Company of the Bank
of England and others.

The-Hon. A. Liddell conducted the prosecution;
Mr. Torr the defence.
The • evidence for the prosecution consisted of.
proof of.thapassing by the prisoner of two forged
notes, zrad frogs the same plate, -within ten days,
giving. a false name and address, and of other c-ir.--
cumstaxtees evincin; a guilty knowied,,e.
Thc. prisoner wai found guilt:;*, and). begged for
mercy on account of hls.wiie and fa::-.llv.
His IniY.ihip, in passing sentence,„ said it was his
P u;nfni du,v to disregard such ap?cals. The of-
fence of wlnch the prtsonerwas cwrvieted.-was of
the w.3rst kind of robbery. The •sentence was
sis
yearsliDenai scrv,itucie

.00rai William M'Forcl, g.n3. Joseph
Walsh wcre indicted for fe'oniously aSsanitingJohn
Itobin,on,-in the streets of Liverpool, K l ll intent
to do him grievous bodily harm.
Mr. A,spinall was, for the: prosecution; Dr.
Wheeler appeared for Walsh; and Mr. Scott for
Doran and. 'Ford.
The prosecutor Was a police constable, who Was
injured in the execution of his duty between 12 and
1 o'clocli: of the morning of the 21st of August last.
One of the prisoners (Doran) was blind ; another of
them (NUFord) a cripple, .Notikin'a :with a crutch.