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

ASSIZE IN TELLIGEN OE.

NORTHERN CIRCUIT.—YORK; Dec. 12.
(Before Mr. Justice Wightman.)
At the sitting of the Court this morning,
john Binney, found guilty some days ago 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 whielashetad seized the poker, was
sentences' 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
'Sot, 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-
scientious 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 Lordship—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 assizes.
It would be very easy for any one, by stating that
be had conscientious scruples, to eseape the duty of
d 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'sTace 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, he 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 on the top 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 flowing 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, but 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 died. On a postmortem exami-
nation it was found that the wound involved frac-
ture or depression of e: small portion of the inner
table of the skull, which, causing irritation and sub-
sequent inflammation, had produced a deposit of
matter which, increasing, was apparently the sole
cause to 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 five or six other militiamen had taken off their
belts ; and that the-testimony of the girls was not
to berelied 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.
• Richard. Horsley, aged 23, was indicted for forg-
ing and uttering at Malton, in the North Riding,
with intent to defraud Messrs. Bower, Rall, and
Co., bankers at Malton, on the 15th August last.
A second count charged Jane Hannah Horsley,
Elizabeth Ballon, and Ellison Haigh, with comfort-
ing, harbouring, and maintainine, Richard Horsley,
knowing that he had committeZfelony.
Mr. Peyronet Thompson and Mr. Chewton ap•
peared for the prosecution ; Mr. Price defended the
prisoner Richard Horsley ; Mr. Blansi-rard defended
the female prisoner Horsley ; and Mr. Campbell
Foster appeared for the other two prisoners, Balton
and Haigh.
It appeared from the opening statement of the
learned counsel that the pri,oner, 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 flanking Company's
Bank at Malton, 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, and having satisfied the cashier at
the bank that he was Mr. Abbey's nephew, the
cheque was cashed by givinc, to him £5O in Malton
notes, and a draught en 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 with
her the greater portion of the money, and handed it
to Mrs. Ballon to take care of for her; and Mrs. Bal-
lon, not liking 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 for Mrs. Hor-
sley. It was contended for the:prosecution that this
act was done while the officers had the prisoner
Richard Horsley in custody, and it hindered their
tracing the robbery, and was the act of " harbour-
ing and maintaining" laid in the indictment.
His 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 then 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 was not
written by him.
On cross-examination by Mr. Price it appeared,
however, that he had been very kind to this nephew,
and-had told him ha should leave him his money,
and that his nephew had asked him to let 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 and from that
conversation his nephew might have snnposed that
he had authority to draw the chtquc. He had since
authorised the bankers 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 a :Iced the learned
counsel for the prosecution if he could carry the
ease any further.
Mr. Thompson admitted that he could not, and
the prisoners were directed to be acquitted.

LIVERPOOL, DEc. 13. •
(Before Mr. Baron Martin.)
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
or England and others.

The-Hon. A. Liddell conducted the prosecution;
Mr. Torr the defence.

The evidence for the prosecution consisted of
proof of the passin by the p:isoner .of two forged
notes. made from the same plate, within ten days,
giving a fal:ie name nodi. ad&css, and of other eh--
eutnstances evincing. n. pnlity knowledge.

guilty, and begged fo,
Thb prisoner ).-vt:::7 foUnd
mercy on Account. of his' wife and family.
His lordship, in passing. sent nee, said it was his
ixiinfal duty to disregard such appeals. The of-
fence of which the prisoner iyas convicted was of
the wJrst kind of robbery, The sentence was six
years' penal servitude.
Stephen Doran, William `'Ford, and Joseph
Walsh were indicted for fe'oninusly assaulting John
Robinson, in the streets of Liverpool, with intent
to do him grievous bodily harm.
Mr. Aspinall was for the prosecution; Dr.
'Wheeler appeared for Walsh; and Mr. Scott for
Doran and MeFord.

The prosecutor was a police constable, who was
inj nred in the execution of his duty between 12 and
I o'clock of the morning of the 21st of August Inst.
Onc cq she prisoners (Horan) was blind; another of
them CaFord) a cripp:r., walking with a crutch.