The Sun.
London, England, 1861-12-04 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, DECEMBER 4, 1861.

ASSIZE INTELIqn2VC,E.
•

HOME CIRCUIT.—MAIDSTONE, Dec. 3.
Mr. Justice Williams went to church this morn-
ing at ten o'clock, and proceeded from thence to the
court, and commenced the business.
MURDEROUS ASSAULT BY A CONVICT.
George Burkett, 20, soldier, a determined-looking
young man, was charged with feloniously cutting
and wounding John Cooper with intent to murder
him. In other counts the intent of the prisoner was
laid to do grievous bodily harm.
Mr. F. Russell and Mr. Barrow conducted the
prosecution, which was instituted by the direction
of the Home Office.
It appeared that the prosecutor was a warder in
the convict prison at Chatham, and the prisoner had
been sent to that establishment in June, 1859, under
a sentence of five years' penal servitude for a rob-
bery committed at Leeds. He had misconducted
himself on several occasions, and the prosecutor had
been compelled to report him, and he had, in con-
sequence, been placed in solitary confinement and
kept on bread and water, and the prisoner had re-
peatedly threatened the prosecutor with violence.
On the 22d of June a gang of convicts was em-
ployed in some works at Chatham under the charge
of the prosecutor and some other warders, and
while the former had his back to him, the prisoner,
who was one of the gang, attacked him in a
most savage manner with a spade that he had
been working with, and struck him several
blows on the head with the weapon, inflict-
ing very serious injury upon him. The prosecutor
raised his arm to protect his head, and he then re-
ceived a tremendous blow from the spade on his
right hand, which broke several of the bones. The
prisoner would in all probability have isflicted still
further injury upon the prosecutor if the dockyard
guard had not come up, and he was charged by one
of the officers with a bayonet before he would give
up the spade, and he was then secured and taken
before the governor, where the only excuse he made
for his conduct was that he did not intend to mur-
der the warder. The prosecutor, it appeared, was
under medical treatment for the injuries he re-
ceived for four months, and he was then found to
be incapacitated for the performance of his duty as
a warder, and was discharged the service.
The learned Judge having summed up,
The Jury immediately found the prisoner guilty
of wounding the prosecutor, with intent to murder
him.
Mr. Justice Williams, addressing the prisoner,
said that, as the offence of which he had been con-
victed was committed before the passing of the
recent statute, he was bound to order sentence of
death to be [recorded against him. At the same
time, ho thought it right to inform him, that the
offence of which he had been convicted was no
longer a capital one, and that consequently the
capital sentence would not be carried out; but he
must expect a very severe punishment, and very
probably one of penal servitude for life.

ABOMINABLE CASE OF CONSPIBACJ
A ZVD ROBBERY.

William D'Arcy, aged 19, apprentice to a prin-
ter, was placed at the bar, before Mr. Yardley, at
the Marylebone Police-court, yesterday, having,
been apprehended by Sergeant Tanner, of the Scot-
land-yard detective force, charged with conspirae:,
with another party not in custody, in extorting the
sum of a silver watch, two gold rings, and an
umbrella, from the prosecutor, at 38, Manchester-
street, by threatening to charge him with an un-
natural crime.
Mr. Girdlestone, of the firm of Gosling. and Gird-
lestone, of New-street, Spring-gardens, appeared to

prosecute.
Mr. Girdlestone having opened his case, called
George H. Butterworth Haworth, a pupil to an
architect. He said—l live at 38, Manchester-
street. In the beginning of October last I left
home between eight and nine o'clock at night, and
walked as far as the Marble-arch, Hyde park. I
was there accosted by a young man, who said some-
thing to me, but I could not tell what it was he
said. He appeared younger than the prisoner, and
I thought he was begging, and told him that I had
nothing to give him. There was a lamp near, and
I saw his face. He was rather a peculiar looking
young person, with an emaciated appearance and
thin. I had never seen him before this, neither
did I say anything more to him then, but went
along the road that runs parallel with Bayswater-
road. I then entered the park, and went to the
bridge which divides the low water from the Ser-
pentine. I did not go over the bridge, as I thought
the gates would be locked, and continued my
walk across the park without meeting any person
til the young man came up to me who had pre
viously accosted ma. He spoke to me, when I again,
thinking that he was begging—not knowing what
he said—told him that I had nothing to give him,
and turned off on to the grass to avoid him. I
thought he was a beggar. I went across the grass,
and
.stopped at the clump of trees for a natural

purpose.
By Mr. Yardley—The bridge I mean is that
nearest to the Albert-gate, at the end of the Ser-

pent ine.
Witness contiuued—As I was by the clump of
trees the young man came up that had spoken to me
before, and said something which I could not catch.
Prisoner—l came up then.
Witness—At the same moment prisoner came up
and said, " 1 have caught you," and said he would
take me to the police station, and then asked me if
I had any money. He said he would not let me go,
and talked a great deal about the villainy of the
crime, and of taking me up, and that if I had £5 he
would let me go. I told him that I had not £5.
He then asked me if I had any rings. I told him
I had, and gave them and my watch, and also some
small change which I had, amounting to 2s. or 3s.
He also took my umbrella. The prisoner took all
these things—the other man none.
In reply to his worship, witness said that the
other man was near at the time, but did not hear
that he made any remark.
Witness continued—Prisoner left the first of
us, then the young man, and I next, and went
home. I gave up the things through fear of an
exposure of being taken up on
,such a charge.
I did not tell my friends of what had hap-
pened because I could not tell them for shame that
I had been charged with such an offence. My
friends noticed that my things were gone. At five
in the evening of Thursday, Nov. 28, I was coming
from a shop in Oxford-street, and came through
Duke-street, and whilst passing through Manchester-
square, on the tree side, the young man whom I had
seen in the park came and touched me on the shoul-
der. He either said he had my watch and rings, or
that he could get them. I turned round and walked
with him a short distance, when we turned into
Edward-street, by Anderson's, the chemist. At this
point prisoner came up to us and said he had my
watch and rings. I said, " Have you?" He said,
"Yes, and if you give me your address I will bring
them to you for 15." He did not ask me for my
address when he first spoke, but said if I had £5
he would give them up to me. I told him I had not
got so much, and gave him my address. The other
man was not present, as I objected to give them both
the address. After I had given the prisoner my
address he walked home with me to see if it was
right. The servant opened the door, and he followed
me upstairs without asking, and said, "If I bring
you the rings to-morrow night you must give me
£5." I told him I would, and he left after my telling
him he must be there the next night at six. He
asked me my name, and I gave him the name of
Hawkin. Next day, at six o'clock, he came and
knocked at the door, and was admitted by the ser-
vant and came up into my.room, when I think I
asked him if he had got my rings and watch. He said
I had given him a wrong name, and what did I mean
by it. I said that was nothing to him. After this,
without my leave, he went into my bed-room and
looked under the bed. There was no reason why
he should do so. He came back into the sitting-
room and produced two rings which he had taken
from me in the park. I saw them and know they
were the same. I did not handle them; but they
were put on the table at my request, after which I
gave the prisoner five sovereigns, when he snatched
the rings up again. Before I gave him the £5 I
asked for my watch, when he said he had not
arranged to bring it. I said " You have," when
he threatened me and said he had some men outside
who would take me up for the offence he alleged,
and he would call them in ; but offered, if I gave
him £5 more, that he would give me back the
rings, It was then arranged that he was to call
last night at half-past 5 and bring nothing but the
rings, and I was to give him £5. I was anxious to
get the rings. Directly he had left last Friday I
heard a loud knock at the door, immediately after
which the other young man came into my room and
said he bad my watch and if I gave him £4 I should
have it. He showed me the watch, but held it at
some distance, so that I could not swear to it. My
watch had the name of Thomas Russell, Geneva,
and is a small silver one. The one the young man
produced is like it. I had not the money in the
house, but he said he would have it before he left if
he stayed all night. Prisoner was not present at
this time. Whilst we were talking I rang the bell
to see if my landlady had the money at hand.
When I had done this the man went to the window
pulled up the blind, opened the window, drew over
a chair, sat down, and rested his arm on the win-
dow-sill. I live on the second floor, and the win
dow looks into the street. On the servant enter-
ing the room I asked her to see if the landlady
would lend me £2 10s, as I had given him 30 shil-
lings. The landlady, who had not the money at
lAnd, Trent out to oee gin could get it, but returned,