The Sun.
London, England, 1859-03-23 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT—DERBY, March 21.
(Before Mr. Justice Erle.)
ARSON.
James Grundy, a farmer, occupying 200 acres of
land at Lullington, in the county of Derby, was
charged with having, on the 29th December last,
maliciously set fire to a stack of wheat, a stack of
barley, a stack of beans, and divers other stacks,
the property of Mr. John Payne Moxon, farmer.
The corn destroyed was valued at £l,OOO.
Mr. Merewether and Mr. Leigh prosecuted;
Mr. O'Brien and Mr. Bell defended the prisoner.
John Payne Moxon, the prosecutor, said—l am a
farmer at Lady Leighs, in the parish of Lulling.
ton. On the 29th of December I went to bed about
10 o'clock, leaving 18 stacks of corn in the rick-
yard, in the direction of prisoner's house. I live
about half a mile from Mrs. Wetton's. Prisoner's
farm ad.ioins mine, but is not under the same land-
lord. Scott, the keeper, called me up about three
o'clock the next morning, and the stacks were then
burning. I did not see prisoner or any of his men
there when I got up. On the 4th January I ob-
served Mr. Rust looking at the footmarks in the
fields, and I saw a man in the prisoner's stackyard,
on the top of a rick, looking at us, but I could not
tell who it was. He did not remain on the rick
more than a minute after he saw us.
By Mr. O'Brien—Can't say how long prisoner
has lived in the neighbourhood;, he was there when
I came. I was insured.
Harriet Parker—l was in the service of prisoner
on the 29th December last. Prisoner left his house
that day about 12 o'clock at noon. He returned
home at two o'clock the next morning. I had gone
to bed then. The waggon•boy let him in. There
were also two servant boys in the house. I got up
because Mr. Grundy said Mr. Moxon's stacks were
on fire. I heard Mr. Grundy say they were on
fire, as I lay in bed. I came down stairs and went
into the yard with prisoner. We did not remain
there many minutes. When we returned into the
house prisoner said, " I am the man that set them
on fire." He said it to a man named Kelly, and
Kelly, in reply, said, " Hold your noise, say no-
thing." Prisoner said nothing more to Kelly, but
he said to me, " I will give you £lO if you won't
say anything." Prisoner also said, " I set them on
fire at each end."
The jury returned a verdict of guilty, and his
lordship sentenced the prisoner to penal servitude
for 12 years.

WARWICK, MARCH 22.
(Before Lord Campbell.)

EDWARD WOOD V. DE GEX-EXTRAORDINARY

ACTION AGAINST AN ATTORNEY.

Mr. Macaulay, Q.C., and Mr. Manley Smith for
the plaintiff; and Mr. Sergeant Hayes for the de-
fendant.

The plaintiff is a gentleman of property living at
Stand-hills, near •Warwick. A disputed account
arose between him and one Bateman, a surveyor,
at Leamington, It was referred and Mr. Wood
had to pay damages and costs, £B6 7s. 9d. He
sent the amount to his agents in August last, to be
handed over to the other side, which, through
the negligence of a clerk, was not done. On the
29th of September plaintiff was arrested about half-

past nine at night for the above amount. Mr.
Wallington, of Leamington, was the solicitor for
Bateman, and was with the officer. Mr. Wood
produced the receipt of his agents for the money,
showing clearly he had paid the money to his
agents, and that there was a mistake somewhere.
Mr. Wallington wished to have £lO in addition to
the debt and costs to remunerate his client, for the
extra damage he alleged his client had sustained.
Mr. Wood was willing to pay the £lO, but would
not sign a memorandum to him, as drawn out for
him by, Mr. Wallington, as reasons for the addi-
tional £lO, and as Mr. Wallington would take
nothing but cash, though several persons were
willing to guarantee the amount until the banks
opened the next morning, Mr. Wood was forced to
go to gaol, and remained there all night. No im-
putation was cast upon Mr. De Gex, who, it was
admitted on air hands, was a man of honour, but
being liable for those under him he consented to a
verdict for £lOO, which Mr. Wood said he would
give to a charity.
Mr. Wallington, who was in court, volunteered an
explanation, which
Lord Campbell, after attentively listening to,
characterised as an aggravation of his original
conduct.

(Before Mr. Justice Erle.)
RELIGIOUS INSANITY.

John Brailsford, 38, sawyer, was charged with
having, at Birmingham, on the 7th of December,
killed and murdered Samuel Sunderland.

John Ma,Fwell, one of the attendants at the Bir-
mingham Lunatic Asylum, said that the prisoner
was a patient of that institution on the 6th Decem-
ber last. On the morning of the 7th witness saw
him in a room with other patients about twenty
minutes to twelve. The prisoneil then appeared
calm and collected. Maxwell offered him something
to eat, but he declined. Witness left the room
almost directly. There were about four patients
with the prisoner, among whom was the deceased.
After leaving the room Maxwell heard a crash and
noise, and he went back immediately, and found
that Brailsford had the deceased on the ground,
and was dashing him on the floor with great vio-
lence. Maxwell got off the prisoner, who said,
" Christ died to save sinners—we shall all be saved
—come, man, wash your hands in the blood of the
Lamb."

The jury found the poor lunatic guiltless of the
crime of murder, and the Judge ordered him to be
confined till her Majesty's pleasure was known
with respect to him, with a view of his being kept
under restraint until his freedom could be safely
extended to him.

OXFORD CIRCUIT.--SHREWSBURY, March 22.

NISI PRIIIS COURT.
(Before Mr. Baron Channell and a Special Jury.)
JOHN WATTON V. JOHN FRAIL.—ACTION AGAINST

JOHN FRAIL FOR BRIBSRY.
Mr. Sergeant Pigott, Mr. Phipson, and Mr. Mot-
teram for plaintiff; Mr.
sguddleston, Q.C., Mr.
John Gray, Mr. W. H. Cooke, and Mr. Best for
defendant.

The plaintiff, John Watton, is the proprietor of the
Shrewsbury Chronicle,
and the defendant is the well-
known electioneering agent, John Frail. The
action was brought under the 54th section of the
Municipal Act, to recover £5O for having given a
bribe of 30s. to one Samuel Bentley, at the municipal
election, on the Ist Nov. last, for the West Ward
of the borough of Shrewsbury. At that election
the plaintiff and defendant were candidates, and the
defendant was elected; but it having come to the
knowledge of the plaintiff that bribery had been
committed, he brought the present action, which,
if proved, would not only impose a fine of £5O upon
the defendant, but would also deprive him of all
municipal and other civil rights for the remainder
of his life. To this defendant pleaded not guilty.
Samuel Bentley, examined by Mr. Sergeant

Pigott--I remember the last election for the West
Ward, when Mr. Watton and Mr. R. B. Blakemore
were candidates in the Liberal interest, and Mr.
Frail and Mr. G. Eddowes in the Tory. I saw
William Prinn, a nephew of Frail's. He made a
proposition to me, and we -went to the Hon. Wil-
liam Hill's Arms, Mardol, Frail's committee-room.
As I went there I saw Mr. Eddowes, and he spoke
to me about voting. When I went into the room
Frail was sitting at a table with a bowl in front of
him half full of sovereigns and half sovereigns, and
a white packet. Eddowes went and stood at the
back of Frail. and Prim stood near. Eddowes said,
" It's all right ; make out the paper." It was then
made out and given to me. I said, " I'll not go till
I have the money." I said this to Frail and Ed-
dowes. I also said, " Give the money to Prinn till
I have polled." Eddowes then said to Frail, "It
will be all right." Upon this Frail remarked, "Give
it, Bill; 'twill be all right." The money was then
given to Prinn, and Eddowes, took it out of
the bowl before Frail. It was a sovereign and
a half. Prinn and I then went to the pol-
ling-booth, and I gave in the voting-paper
which I had received for Frail and Eddowes.
Prinn was at the side of me. After I had polled I
took him by the arm, and said, "Let's have it here."
Prinn then gave me the money. When I first saw
Prinn, who is a nephew of Frail's, he said to me,
You had better come on and vote." He also said,
" You're a fool if you don't go on and do it, for
there'll be nothing on the other side." He told me
he would guarantee me £l. That was two or three
hours before I polled. When I saw Eddowes near
the William Hill's Arms he said to me, " Well,
Bentley, are you coming to vote for us ?" I replied,
" I don't know." He asked me, "How mneh do
you want ?" I answered, " Thirty shillings." He
then said, "Stop a minute, I'll go and. see." He
then went into the committee room, and in a short
time came out to me and said, " Come in, Bentley ;
I'll give it you, but it is the most we have given to-
day. Upon that I went info the committee-room,
as I have said. After I polled, William Prinn,
Henry Prinn, a man named Worsley, and I, went
to Niccoll's vaults and had four three-pennyworths
of spirits, which I paid for out of the half-sove-
reign.
In his cross-examination by Mr. Huddleston,
witness admitted that up to yesterday, from within
a short period after the election, he had been in
several parts of England out of the way—at Bol-
ton, Lancaster, and Malvern Wells, and had all
his expenses paid. He admitted haring been con-
victed of poaching in 1845 and got six weeks for it,
and also to being fined for assaulting a woman.
Previously to the election had been employed for
five years as a carpenter, in laying the telegraph.
He admitted cohabiting with a woman of the town.
John Worsley, a potter, proved hearing Prinn
say he would guarantee Bentley 30s. if he would
vote for Frail and Eddowes. He also partook of
the spirits at Nicolls' vaults.
Francis Fletcher, a clerk in the employ of Mr.
Watton, being engaged checking the votes at the
polling-booth, proved having his attention called to
the payment of Bentley by Prinn, and hearing
money chink.
William Davies, a boot-closer, employed as a
runner at the election, proved seeing Prinn hand.
Bentley some money as soon as he had voted. Wit-
ness, a voter for plaintiff, admitted receiving ss. for
his day's work.
Charles Eccleston, coachmaker, a clerk at the
polling-booth, proved seeing Prinn give Bentley
something as soon as he had polled.
Mr. Robert Slaney, wine merchant, proved going
into the Hon. William Hill's Arms on the Ist No-
vember, and to seeing a bowl on the table near to
which Frail was sitting, but could not well see
what was in it.
Evidence was given of the return of Frail and
Eddowes, and to Bentley's name being on the
ward list of burgesses.
This closing the evidence for the plaintiff,
Mr. Huddleston addressed the jury in a long and
energetic speech for the defendant, and said he
should be able to disprove every statement tkat had
been made on the other side. He then called

Mr George Eddowes, mercer, who said he was a
member of the town council, and elected list No-
vember, in conjunction with Mr. Frail. Between
12 and 1 they were considerably ahead of Mr.
Watton, and at that time he saw that Bentley
was among those not polled. As he was going
from the committee-room he saw Bentley, and asked
him if he was going to vote for them, and he said
he was. He then went went into the room, when
Frail said, " Bentley, I am glad to see you on the
right side." To which he replied, " am, and
I mean always to be for the future." Bentley then
had his voting paper given him, and he went out
with the Prinns. There was an earthenware basin
on the table before Mr. Frail, but I saw no sove-
reigns or half-sovereigns in it. It was not half-
full of either. There was some silver in it. The
money in the bowl was for the purpose of paying
runners, cab-drivers, and voters, who had come 60
or 70 miles to vote. He never took a sovereign
from the bowl and give it to any person. Bentley
went out. ' Never saw any one give or take a sove-
reign, or even a shilling, out of it. Bentley never
asked witness 30s. for his vote.

Upon cross-examination witness said he was de-
fendant in the next action. Saw no person paid
out of the bowl. Don't know who found the
money. He found none. Never asked who found
it, as he did not want to know. Did not promise
to give any one money that day. Saw Frail pay
one man, who had come a long way. The election
cost him nothing, nor did they give him any trouble.
Did not take a sovereign and a half out of the
bowl for any man. Would not swear there was no
gold in the bowl ; he saw none.
To the Judge—My business was generally with
the voters, looking after them.

William Prinn, carver and gilder, also a defen-
dant in another action of a similar nature, totally
denied Bentley's statement as to offering him
money for his vote, on paying him. Did not hear
Bentley tell Mr. Eddowes he would not vote
without the money.

Mr. John Frail, the defendant, strongly denied
having bribed any of the electors, or promised any.
Never gave Bentley any money, or promised him
any. The election was perfectly safe at the time.
Neither had he any doubt about it.
Cross-examined by Mr. Sergeant Pigott—lf the
election was quite safe, why did you send for those
people from a distance ?
Frail—l always do the best I can in any contest
ix which lam engaged. (Laughter.)
Counsel—This is not the first time you have been
charged with bribery ?
Frail—l daresay I have been charged many
times, especially by the plaintiff in this action.
Counsel—How many times have you been charged
with bribery ?
Frail—l can't tell.
Counsel—Because it has-been so many times ?

Frail—Yes, I may have been ; I can't say.
Counsel—Are you that celebrated man that sent
the good and safe man to Derby ?
Frail—lf you call me a celebrated man, I was the
" party" charged with doing that.
Counsel—Were you requested to do that ?
Mr. Frail appealed to his lordship as to whether
he should answer these questions, and his lordship
said he thought he must answer them.
Counsel—What do you call a good and safe man ?
Frail—A respectable good man who pays his way
and fears no one. (Laughter.) One who is a good
private character.
Counsel—What was he to do ?
Mr. Huddleston objected to these questions being
continued. The question had been examined before
a Parliamentary committee.
His lordship thought as the object was to test
the witness's character in this transaction, the
questions were relevant.
Counsel—What was this "good and safe man"
to do ? Was he to take part in the election ?
Frail—Yes.
Counsel—Was any money given to you ?
Frail—There was not.
Counsel—Was there a promise of any ?
Frail—None.
Counsel—Was any given to the "good and safe
man."

Frail—Not that I know of.
The Judge—They did things in a safe way.
One other witness was called, and Mr. Huddle-
ston was about to address the jury for the defendant,
when

The Foreman intimated that they were unani-
mous that plaintiff's case had not been made out
to their satisfaction, and plaintiff was therefore
nonsuited.

THE BRITISH MUSEUM.—The Queen has been
pleased to exercise her right to appoint ono Royal trustee
for the British Museum in favour of the Rev. William
Cureton, Canon of Westminster and Rector of St. Mar-
garet's. We believe that no Royal trustee for that insti-
tution has been appointed since the death of the late Duke
of Cambridge, and the appointment in the present instance
will be hailed with satisfaction by the literary world as a
recognition by her Majesty of the eminent services which
Mr. Cureton has rendered to the science of Biblical criti-
cism, and which have secured for him an Europeku repu-
tation.