The Sun.
London, England, 1861-07-15 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—HERTFORD, JULY 13.
(Before Mr. Justice Blackburn.)
CROWN SIDE.

James Smith, 25, a gipsy, was indicted for felo-
niously assaulting and ravishing Anne Hearn.
Mr. Bushby conducted the prosecution. The pri-
soner was defended by Mr. Lysley.
It appeared from the statement of the learned
counsel for the prosecution, and the evidence ad-
duced to support it, that the offence of which the
prisoner was accused was committed under most ag-
gravated circumstances. The prosecutrix, who gave
her evidence in a very simple and artless manner,
is a respectable young woman, the daughter of a la-
bourer, living near the village of Rickmansworth,
and it appeared that about 6 o'clock on the evening
of the 13th of May she went out for the purpose of
purchasing some articles of grocery for the family,
and she had to go through a field where there was
a public footpath. As she was proceeding on her
way she saw the prisoner and two other men sit-
ting on a gate, and as she approached them the
prisoner jumped off the gate and went up to her
and addressed her by saying, " Well, girl, where are
you going to ?" She replied that it was no business
of his, and was about to proceed, when the prisoner
laid hold of her in an indecent manner and attempted
to throw her down. She resisted, and a desperate
struggle took place between them, during which her
clothes were literally torn from her back, and she at
length had nothing on but her chemise, and she be-
came so weak and exhausted that the prisoner suc-
ceeded in forcing her upon the ground and accom-
plishing his object. It appeared that while this was
going on the prisoner's companions remained sitting
on the gate, and did not attempt to render her the
least assistance, and when she had an opportunity,
the prosecutrix got up and attempted to go away.
When she did so, the prisoner said he had not done
with her yet, and ran after her, and threw a shawl
round her face, and again endeavoured to throw her
upon the ground. She struggled with him as well
as her strength would permit, and one of the other
men upon seeing this ran up, seized the prosecutrix,
and assisted to force her down, and the prisonerthen
again repeated the offence. It may be imagined
that the prosecutrix was at this time in a most piti-
able condition, but she endeovoured to get away as
well as she could, and as she was leaving the pri-
soner called out to her and said that if she told any-
thing about him he would murder her the next time
he saw her. The poor girl reached home with a
great deal of difficulty, and immediately told her
father what had happened, and after she had suffi-
ciently recovered they proceeded in search of the
prisoner, and came up with him at no very great
distance from the spot where the outrage had been
committed, and the prosecutrix immediately pointed
him out to her father, who asked him what he had
been doing with his daughter. The reply was that
he knew nothing about her, but upon the father
saying that he was the man he wanted and he should
secure him, the prisoner exclaimed, " Oh, if you
mean that, you --, I shall give you leg bail," and
he then ran off, and succeeded iu getting away. A
police-constable, named Parker, was then applied to,
and on the following day he accompanied the pro-
secutrix and her father to a place on the borders of
the counties of Buckingham and Hertford, where
there was a gang of gipsies, and the prisoner,
who was among them, was again identified by
the prosecutrix and given into custody. Upon
the constable telling him what he was charged
with, he at first declared he was entirely innocent,
and had no knowledge whatever of the prose-
cutrix, but when the constable was conveying
him to gaol he asked him whether he thought
he should get twelve months; for what he
had done, mid upon his replying that it was im-
possible for him to say what the result would 13!;,
the prisoner said that he should consider himself
very lnelry if he " got off" fpir thirec
1119 P
d that
prione}7, *llea befove the magistrates, declare
he Wltanot tote mah that assaulted the prosecutrix,
•

and the only defence that was attempted to be set
up for him by his learned counsel, was, that the
prosecutrix might possibly be under a mistake as
to his identity.
The jury at once returned a verdict of guilty.
Mr. Justice Blackburn, in passing sentence, said
that the prisoner had been convicted of one of the
most atrocious outrages that he ever remembered to
have been committed during his judicial expe-
rience, and it appeared to him that there was
nothing whatever in the conduct of the prosecu-
trix to give him the slightest justification. It was
very necessary that the law should give its protec-
tion to women in country districts, who were ne-
cessarily liable to be the objects of violence of t, is
description, and as a warning to others, the sen-
tence he should pass upon him was that he should
be kept in penal servitude for the space of fifteen
years. The learned judge added, that he had con-
siderable doubt whether he ought not to have in-
flicted a much more severe punishment, taking into
consideration the very aggravated character of the
offence of which the prisoner had been convicted.

POLICE INTELLIGENCE-July 13.

GUILDHALL.--CLEVER CAPTURE OF DR.
JONES BY THE CITY POLICE.—David Griffith
Jones, a diminutive, spare man, with a profusion of
beard and moustache, described as a surgeon, of
43, Woburn-place, was placed at the bar, before
Mr. Alderman Hale, charged with feloniously forg-
ing and uttering a certain document which pur-
ported to be the last will and testament of Sophia
Bellis.

Mr. Giffard, instructed by Messrs. Humphreys,
Son, and Morgan, acting for the Solicitor to the
Treasury, conducted the prosecution, which was
directed by the Attorney-General.
Mr. Giffard said—l appear before you to-day, sir,
to proceed against the prisoner at the bar, under the
order of her Majesty's Attorney-General upon
charges of forgery and perjury. I do not, however,
intend to go into the whole of the details on the
present occasion, as my object is merely to adduce
sufficient evidence for the purpose of a remand. The
first charge will be for forging and uttering the will
of Sophia Bellis, on or about the 14th Feb., 1861,
which he sought to prove a few days ago, when
the jury refused to believe his evidence and inter-
posed, the result of which was, that probate was
refused. I shall show that the person whose will
this document is alleged to be, was, at the time,
totally unable to make a will, and physically in-
capable of signing it, and also that the signature
has, been shown to her banker's, who declare it is
not her handwriting. I now propose to give the
officer's statement of the circumstances under which
he succeeded in effecting the prisoner's apprehen-
sion, and to adduce proof of the order of the Attor-
ney-General for this prosecution, and then I shall
ask for a remand.

Sergeant Henry Webb, of the City Detective
Corps, said—About a quarter-past eleven o'clock
to-day I was in Woburn-place, with Ball, another
City detective officer, when I saw a cab drive up
to Dr. Jones' house, at 43. After watching it for
some time, I saw a gentleman come out of the
house and get into the cab. He waited there about
six minutes, when the door of the house was sud-
denly opened and Dr. Jones and his assistant
rushed out and immediately took their places—Dr.
Jones by the side of the gentleman inside the cab,
and the assistant, who was carrying a large carpet
bag and a small paper parcel, on the box. The cab
then turned round, and had proceeded about ten
yards in the opposite direction to Russell-square,
when I stopped the driver and tried to open the
cab door, upon which the assistant struck at me. I
told him I was an officer, but he said he did not
" care a —." He then jumped down to prevent my
getting into the cab, but Bull came to my assist-
ance and pushed him away, and drew his staff, and
at the same time told him we were both police offi-
cers. I then opened the cab door and asked for Dr.
Jones, and he replied to me. I told him I must take
him into custody for forging and uttering a docu-
ment purporting to be the will of the late Sophia
Bellis, and he said, "It is all nonsense. You have
no right to take me into custody, as I am entitled
to all the money under the will, and no one can
keep me from it." He then wished me to send for
Mr. Sleigh, and Mr. Fitch, his solicitor, after
which he said, " Cannot this matter be settled ?
You know there are such things done as you to re-
ceive something and let me go." I took possession
of this carpet bag and parcel, and conveyed the
prisoner to Fleet-street station, where he was
searched.

George Hook Rodman, a clerk in the principal
registry of the Court of Probate, said—l produce
the alleged original will of Sophia Bellis.
Mr. C. Octavius Humphreys said—l am the soli-
citor for the prosecution acting in the matter for
the Solicitor to the Treasury. I have exhibited the
will produced to five persons in the banking esta-
blishment where I understand the late Sophia Bellis
banked. It was at th© Argyll-street branch of the
Union Bank of London, and if the prisoners be re-
manded I believe I shall be able to adduce evidence
to show that the signature to this will is not in the
handwriting of the late Sophia Bellis.
Mr. Giffard—l now ask for a remand, sir.
Mr. Sleigh—Although I oppose an adjournment,
I do not wish it to go forth to the public that
I do so for the purpose of avoiding investiga-
tion. On the contrary, my client courts the
strictest inquiry, but I feel it my duty to oppose
a remand unless upon evidence more pertinent to
the serious charges at issue. It appears to me
a gross hardship upon my client to deprive him
of his liberty upon evidence of merely a hearsay
character, and as those conducting this prosecu-
tion could, if they had thought fit, have brought
forward the bank's clerks, I think it would
be unjust to Dr. Jones to call on him, in their o.'o-
sence, to find bail for his reappearance.
Mr. Giffard—l beg your pardon, Mr. Sleigh; no
one has called on him to find bail, and you will find
it something worse before the case is finished.
Mr. Sleigh—The only point for the magistrate's
consideration is that of the sufficiency of evidence
to establish even a prima facie case for a remand.
Now, there is no such evidence before the court,
and I am in a position to prove that the will was
duly executed, and I have the attesting witnesses
present for that purpose. There is not a tittle of
evidence in support of the charge of perjury or for-
gery, and although you have the power to remand,
which even the Secretary of State cannot interfere
with, I respectfully submit that there is nothing
to justify suoh a course, and I trust you will not
detain this gentleman in custody.
Alderman Hale—You have made an eloquent
speech, Mr. Sleigh, and, although I am always ex-
ceedingly pleased to hear you, your arguments have
failed to convince me that I ought to liberate the
prisoner at the bar. It is my determination to re-
mand him, and I may further inform you that I
have not the slightest intention of taking bail for
him.
Mr. Sleigh—l have not made the application yet,
sir, but surely, if I give you responsible bail, there
can be no objection, as the law only requires the
re-appearance of a person remanded on any charge.
Alderman Hale—l will remand the prisoner for
an early day, but I must decline to accept bail at
present.

After some further discussion, the prisoner was
remanded until Monday.

WORSHIP- STREET.—A REMARKABLE CASE
OF AFFILIATION.—AIfred WM. Pullen, solicitor,
residing at 17, Hydes•place, New North-road, and
apparently about 50 years of age, attended before
Mr. Leigh on a summons obtained against him by
Eliza Harrison, a singularly pretty and modest-
featured girl, of 17, to show cause why he should
not be adjudged tho father of an infant son.
Mr. John Edward Palmer, barrister, instructed
by Mr. W. Metcalf, of Tokenhouse-yard, defended,
and Mr. W. Heritage supported the complaint.
He said the girl's father had some time past gone
abroad, and her step-mother, previously well ac-
quainted with defendant, took apartments in his
house, he promising to look after the daughter's
welfare and well doing. This occurred three years
since. In September last it was discovered that
the young creature was enciente, and in conse-
quence of what she then stated her step-mother
gave up the lodging, and sent her to Gravesend.
The accouchement occurred in December following,
and the child was consequently seven months old.
The Court, upon the evidence that would be ad-
duced, must decide whether Mr. Pullen was liable
or otherwise.

Complainant then upon oath described the al-
leged intimacies, which from her statement always
occurred when defendant's wife and complainant's
mother were out together or separately, and the
children sent from home. He never gave her any
presents or met her out privately.• On one occasion
herself and mother went with him to the theatre,
but she was kept excessively close, and seldom left
home. Had no acquaintance of the other sex whom
she saw out of doors, and always slept with her
mother.
Complainant was then subjected to a cross-ex-
amination that lasted one hour and a half, in
the course of which it was attempted to be elicited
that she had grossly misconducted herself, that she
gloves in had been charged by her mother with stealing
gloves and other trifling articles, all of which she
denied most indignantly, but explained that on one
occasion she had taken her mother's
pre-
ferencei‘ir.to
Heritageher ow
observed that to make
.
these foal
aspersions upon the young girl's character
disgraceful in a eross-examination ; it was
any-
thing to do with the matter before had not any-
the Court:
Mr. Palmer contended that h
test her truthfulness. 0 had a right to
Mrs. Elizabeth 'Luria
"1 Vf then sworn, and

said she frequently scolded her daughter for being
so much in the defendant's rooms, and begged him
to discountenance it, but the reply was, I shall
not, for I like it." He frequently requested witness
to accompany his wife out, and she did so, never
suspecting treachery, for he had promised to look
after the girl as a father. She was a very good girl
when first under his roof, but he had taught her to
tell lies for the purpose of hiding his disgrace.
Other witnesses having testified to seeing de-
fendant and the girl frequently alone in various
parts of his residence, and it being proved that
after the birth of the child, she, accompanied by her
relative, took it to the defendant's office.

Mr. Palmer addressed the magistrate at great
length. He contended that there was not the
slightest corroborative testimony in favour of the
complainant, who was a base, bad girl—dishonest
and untruthful. In this case there was an absence
of everything that could justify a decision in her
favour, and if one should be given no married man
would be safe. What intimacy had occurred was
of a pure and friendly character, and this was the
return.

Defendant was then put upon his oath, and said
—I never had any criminal intimacy with com-
plainant in my life. I never was alone with her at
any time.
Cross-examined—l have two children, one eleven
and the other six years of age. Ido not say that
the witnesses who swore we had been alone together
have committed perjury. I simply repeat my asser-
tion.

Mr. Leigh, in deciding upon the case, no wit-
nesses having been called to show the alleged bad
character of the girl, said—The argument opened
for the defence, which impugns the complainant's
honesty and truthfulness, fails, and in this case there
certainly are none of the ingredients usually found
in others of the same class. The complainant, her
mother, and the other witnesses appear to me all
respectable persons, and taking all the circumstances
into consideration, I feel justified in making an order
upon the defendant. It will be the usual amount
of 25. 6d. per week. He must also pay the attorney's
fee and all costs attendant upon these proceedings.
Of eourse he could appeal if it is deemed expedient
to do so.

MURDER OF AN ARTILLERY
SERGEANT AT WOOLWICH.

Sergeant Martin Murphy, of the Royal Artillery,
expired at the Ordnance Hospital, Woolwich, at an
early hour on Saturday morning last, from the effects
of injuries inflicted upon him by a gunner of the
regiment, named Peter Masterson, in the military
guard-room, at the Royal Arsenal, a few nights
since. It appeared that Masterson was brought to
the guard-room by the military police, being found
absent without a pass. The deceased was on duty
at the guard-room, and it was his duty to enter the
charge against the prisoner, who refused to give his
name, saying to the deceased, " You knew my name,
when you gave me three months." The prisoner
afterwards gave his name to another sergeant, but
watched his opportunity, and took from the coal
box a bar of iron, 3ft. long, which had been used as
a poker, and with this weapon he struck the de-
ceased on the back of the head, inflicting a frightful
fracture of the skull. The deceased was taken to
the hospital and placed under the care of Dr. Blake,.
but gradually sank until his death. It is said that
Masterson had been punished for assaulting the
deceased on a former occasion.

The event has caused much excitement in mili-
tary circles at Woolwich, the deceased being one of
the non-commissioned officers selected, on account
of his good character, by the commandant to carry
out the system of military police.

COUNTRY MARKETS.

CAMBRIDGE-JULY 13.

A moderate supply of wheat, with a fair demand, and
prices were lower—white, from 54s to 6 5 ; red, 38s to 540.
Barley in small supply, malting 28s to 30s, grinding 265
to 275. Oats varied from 20s to 30s. Beans were scarce
and a dull sale, from 36s to 40s per qr.

NORWICH. Ju
At this market to-day wheat was in fair supply, with
a reduction of about is on last week's rates, and rather
more disposition to buy. The supply of barley middling,
and little business doing. The same remarks will apply
to oats, beans, and peas.
White wheat. 56s to 60s I Red wheat 52s to 5,50
Malting barley....4ss to 47s I Chevalier barley 41s to 440
Distilling d0......31s to 34s I Oats.. 26s to 309
Flour, 38s 6d to 39s Od per sack from the miller.

NORTHAMPTON—JULY 13;
At this corn-market wheat was in limited supply. with
a good business doing—prices ranging at 55s to 60s for
old, and 40s to 54s for new. A small show of barley-:'
malting 37s to 395, grinding 29s to 30s per qr. Oats in
moderate show, and prices as before—quoted at 25s to 320
per 24 stone. Beans, old, 35s to 48s ; peas, 44s to 455.
Rye, 37s to 425; malt, 68s to 72s ; flour, 33s to 34s per
sack

LEICESTER—JULY 13.
The supply of wheat was short, and former prices were
fully supported. White wheat, from 66s to 748 per qr
—red, 48s to 68s per 36 stone; a rather slow demand for
barley, grinding, 29s to 31s; malting, 36s to 40s per qr.;
oats, 28s to 32s per 24 stone. Beans were searee—oldt
50s to Us ; new; 40s to 51s per 38 stone.

YORK---Jura 13.
Wheat, red 4ss to 52s I Oats.... 2Bs to 300
White do .54s to 64s 1 Beans 48s to 540
Barley .32s to 34s 1 Peas ....—s to —0
Malt, 70s to 72s per qr. ; rye, 36s per qr ; flour, 440
to 46s per sack.