The Sun.
London, England, 1859-12-16 00:00:00

to be made a victim of a conspiracy of the wife
ana the other witnE;sses, to save her from losing the
allowance made by the husband.

Mr. Justice Williams summed up the evidence
commenting upon the absence of Lakin, who was
also said to have looked through the'kev-hole.
The jury found the prisoner guilty, and his
lordship sentenced him to 18 months imprison-
ment with hard labour.

The trial_of this case brought the Assizes for7the
county to a close, at a little after seven last night.
At the sitting of the Court this day, the little
boy, named Wm. Osborne, who had been convicted
of setting fire to two ricks, was brought into court.
Mr. Justice -Williams said ho had made inquiries
into the case of the prisoner, and he thought the
best course he could adopt would be to sentence
him to two years' imprisonment in the common
gaol, where he would receive goad instruction.
Sentenced accordingly.
The casts in the city calendar were then taken.
William Watkins, 20, sweep, and Edwin Mow-
bray, 31, laboarer, were charged with breaking
into the counting-house of William Price, at Wor-
, cester, on the night of the 2d of December, 1859,

and stealing Bs.-in silver and 7s. 6d. in copper
money, the property of William Price.
Mr. Best appeared for the prosecution ; and Mr.
V. Richards defended the prisoners.
It appeared that about half-past eight on the
night in question the prosecutor left his shop and
counting-house quite safe, but on going there at
between two and three in the morning ho found
that an entry had been effected by removing an
iron grating which led into the cellar, and that they
had then broken through various doors into the
counting-house. The desk had been broken open
and ransacked; and Is. 6d. in copper was missing.
The iron safe, weighing between two and three
cwt., had been removed from the counting-house to
'the warehouse, and from it Bs. in silver had been
taken, which had been seen there a few days pre-
viously. The younger prisoner, who passed by the
name of Tiny Watkins, was taken into custody the
same morning, and some copper coins were found in
his pocket, and some silver and copper coins in a
teapot on his mantelpiece. Four of these copper
coins were clearly identified by the prosecutor's
brother, one of them being a Jersey halfpenny with
a hole in it. Evidence was given to show that the
other prisoner had been seen in company with
Watkins at about eleven o'clock on the previous
night, when they made an agreement to meet again
at from half-past two to three o'clock in the morn-
ing. They were seen together again at ten.minutes
to twelve, and when Watkins was taken into cus-
tody in the morning Mowbray was coming out of
his house.
Mr. Richards, having addressed the jury for the
prisoners, called two showily-dressed prostitutes,
who swore that the prisoner Mowbray spent the
night of the burglary in bed with both of them in
a brothel kept by one of them.
The jury acquitted Mowbray, and found Wat-
kins guilty.
Mr. Justice Williams sentenced Watkins to ten
years' penal servitude.
George Farrell was charged with burglary in the
house of Mrs. Stillingfieet, and stealing a silver
sugar basin and tongs, on the night of the 14th of
September, 1859, at Worcester.
Mr. Byrne appeared for the prosecution ; the pri-
soner was undefended.
It appeared that the prisoner had been dis-
charged on the morning before the burglary from
Woycester Gaol, and two days after was taken into
custody by a Birmingham detective, in a pawn-
broker's shop in that town, while in the act of pawn-
ing broken metal. He was taken into custody and
searched at the station, and in his pockets was
found the silver basin, with one of the handles
broken into three pieces, the basin itself being
beaten together- The crest by which it was iden•
tified was distinctly visible.
The jury found the prisoner guilty, and
Mr. Justice \Viliams sentenced him to three
years' penal servitude.
The trial of this case brought the assizes tr., a
close at about 12 o'clock.

MIDLAND CIRCUIT.—LiNcoL*,:f, DEC. 15.
(Before Mr. Justice Crompton.) •
The following case occupied the attention of the
Court during the latter half of yesterday, and did
not conclude until after our despatch left :
Eliza Thacker pleaded not guilty to the charge
of setting fire to an outhouse at Hainton, in the
possession of Thos. Cooke, on the 13th Oct., and to
a further charge of setting fire to a stack of straw
at the same place, the property of the same person,
on the 14th October.
Mr. Boden conducted the case for the prosecution;
the prisoner was undefended.
The facts relating to the two charges being so
intimately connected as to render inquiry into the
whole of them necessary to enable the jury to
arrive at any full understanding or reasonable con-
clusion on either ease, the learned judge perinitted
the counsel for the prosecution to adduce the evi-
dence immediately relating to the first 'charge in •
support of his case upon the second, upon which
alone he directed that the prisoner should be tried.
The facts proved were these :—The prisoner was a
servant of Mr. Cooke, a blacksmith, and her mis-
tress had ea
.the 13th October complained of her
having gone out with a man named Robinson,
and threatened to turn her way if She did so
again. On the morning of the same day Mrs.
Cooke after breakfasting below went upstairs, leav-
ing the prisoner sngaged in washing the break-
fast things, and remained above for about half
an hour • on going. down she heard an alarm of
fire in the cow•shed, and on going thither, some
14 yards from the house, she found that a quantity
of straw placed on a tub that was in the crib had
been on fire, but was extinguished by Mr. Cooke,
who then removed the straw from the crib, placed
it on the floor, filled the tub with water, and left all
apparently safe. The prisoner followed Mrs. Cooke
when she went to the cow-shed, and returned wit'a
her to the house, where she remained tildout an
hour ; she then told the prisoner to go wad see that
all was safe; The prisoner went out, tine, had but
just come in again when Mrs. Cooke I:,.earda second.,
cry of fire raised by Mr: Cooke ; she, pumped water
for the men who brought bucket's to her, and going
again to the cow-shed found that the straw which
had been thrown out upon the floor had been burn-
ing, and was extinguished. On the following day
the prisoner told her mistress that she had seen a
boy going along the riarden, and that she noticed
the mark of a boy's footstep where she had seen
him. She took her mistress to the place, and pointed
to a footmark, which Mrs. Cooke did not particu-
larly notice at the time, but which was subsequently
compared with the impression made by the pri-
soner's own boot, with which it corresponded as
nearly as possible. On the same morning she re-
lated to some men who were at breakfast in the
kitchen that she had on the night previous seen two
men cenie from the shop end to two who stood
against the front gate' and that she had upon that
endeavoured to knock them up, and asked,them if
they had not heard her, which they said they had
not. Shortly before 6 p.m. she accompanied her
mistress to feed the pigs, and afterwards to milk
the cows, and while going about this occupation,
Mrs. Cooke saw the straw stack, which was then
all right, and went back to the house with the pri-
soner. Mrs Cooke's brother, William Smithson,
came in to tea, and while he was taking it the pri-
soner told him the same story as she had told the two
men in the morning, and asked him if he heard
her knock him up, which he said he did not. She
then went out, partly closing the outer door, from
which to the blacksmith's shop was about 14 yards,
and thence to the straw stack-14 yards more. She
remained out about five minutes, and was in that
interval seen by a person in the blacksmith's shop
to look in at the door, which was only a step or two
out of the direct way from the house door to the
stack.' On coming back into the house she partly
closed the door, and stood behind it, and directly
afterwards, hearing a man named May cry " Fire."
Mrs. Cook ran to the door and saw the straw stack
in a blaze, which consumed the greater part before
it could be extinguished. Subsequently, about 8
o'clock, on the policeman arriving, and asking to
speak with Mrs. Cooke, the prisoner, who was told
to get to her. work, left the house, but was followed
by two men ; and. she was on the next morning
found by her mistress lying on her bed, fully
dressed, and.with her baots on.
The learned Judge
having summed u p the evi-
denoe, the jury returned a verdict of guilty.
The prisoner was sentenced to four years' penal
servitude. 0
The learned Judge took his seat this morning at
9 o'clock and tried the only two eases that remained
to be disposed of, the details of which are unfit for
publication. In one of these the jury acquitted the
prisoner, in the other found a verdict of guilty of
the misdemeanour only ; the third case was disposed
of by the grand jury ignoring the bill.
Sarah Ann Bellamy, against whom. the bill for
murder was ignored, pleaded guilty to the charge
of concealing the birth of her infant, and was sen-
tenced to two months' imprisonment with hard la-
bour.
The 'Court rose to-day a little after one, having
disposed, of all the business.

WESTERN CIRCUIT—EXETER, Dec. 14.
(Before Mr. Baron Channell.)
Wm. Taylor was indicied for administerino. to
Mary Ann Hector a noxious drug with intent' to
procure abortion.
Mr. Bere prosecuted, and Mr. Carter dofended
the prisoner.
It appear:?d that the prisoner filled the situation of
clerk to Mr. Badeo3li, a wine merchant at Crediton.
14Q was a married man with four children. At the

end of the last year Mary Ann Hector, a girl a 1,44-
years of age, was in the habit of goin{.7 to assist in
the house. Soon afterwards Mrs. Taylor died and
Mary Ann Hector was taken into the horse as the
only servant, Two or three weeks after Christmas 1
the prisoner seduced the girl. In the early part of
August the prisoner discovered that the girl was
pregnant. He then induced her to take some pow-
ders which he gave her. She left his house, but
went there occasionally, and he gave her four pow-
ders to take. She said she could not take them. He
then-asked her if she would like to have a child.
She said that would be worse, and she took the
powders. On other occasions he gave her other
medicines, but no effect was produced. The prisoner
then told her he would go to Exeter and would get
something that would set her to sights. On his re-
turn he gave her a bottle of stuff, which he said
had cost him 255.; but he added that he would bet
a pound she would not take it, but would rather
bring disgrace upon him. She then took the stuff,
but no effect was produced. On the 2d of October
the girl's brother saw her writing a letter. He
snatched it &pm her, found it was addressed to the
prisoner, and- then discovered the whole secret. The
prisoner was apprehended. He told the officer he
wished him to go for Mrs. Hector, as he would give
anything to settle the matter, for he knew he had
done wrong, although he was not guilty of that
which the
.warrant charged him with, as he had
only given • the girl salts and senna. The prisoner
admitted being the father of the child.
Two highly respectable surgeons of the city of
Exeter (Dr. Warren and Mr. Arthur Cumming)
stated that they had been in court during the trial,
and had paid great attention to the evidence, and
in their opinion from the operation of the powders
they must be of a noxions character—in fact, they
were a noxious drug.
Mr. Carter submitted that there was no case to
go to the jury. In the first Place, there was no
evidence to corroborate that of the girl, who was,
in fact, partieeps criminis. In the next place, it
was not proved that the powder, if taken, was a
noxious thing.
The learnedludge said that, as to the first point,
it was clear that
,the girl, although morally, was
not legally an accomplice. In the next place, there
was, in his opinion, clear evidence for the jury that
the powder was a noxious drug.
Mr. Carter then addressed the jury at consider-
able length for the prisoner, in whose favour he
called several witnesses to character.
The learned Baron then summed up. This trans-
action was said to have occurred on the 18th of
August, and it was in respect of what was then
administered that they were, if at all, to convict
the prisoner.. What he might have administered
afterwards had- no bearing upon the case, except to
show the prisoner's intent. In the next place
the jury were to see that he administered it. It
was not necessary that he should have administered
it with his own hand ; it was quite sufficient if he
gave it her with directions to take it. There was
another element in which he wished not to be mis-
understood. It had been contended that 'what was
proved to have been administered on. the 18th of
August must be wade out to be a noxious drug.
The learned counsel must not 'understand him as
laying down any law short of this, that it must be
proved that it was a noxious thing. The jury
must be satisfied according to the evidence that it
Was a noxious thing. If the evidence did not
satisfy them of that fact they must acquit the pri-
soner: But ho thought there was evidence upon
which they might come to the conclusion that that
which was administered was noxious. It must not
only be proved to be noxious, but It must be proved
to have been administered with an intent to pro-
cure a miscarriage..
The jury retired for orAne time, and then returned
a verdict of Guilty be the attempt.
The Judge asked if they found it a noxious thing ?
The Fore
thing. Plan—We cannot prove it was a noxious
Judge—Then you say Not Guilty.
The Foretnan—No, my lord, I can't say that.
The Judge—Then you must go back again.
The Foreman—By a noxious thing we mean
poison.
The Judge—l can't hear any reasons ; you must
go back to your room.
The jury went back to their room, and in a short
time came into court and returned a verdict of not
-guilty.
• Thomas Thorn was indicted for setting fire to a
tar barrel and pUttinc, it against the door of the
police-station at Tormoham (Torquay) on the sth of
November, with intent to burn the building.
Mr. Bere prosecuted, and Mr. Carter defended
the prisoner.
It appeared that on the sth of November last a
great number of persons, about 600, assembled to-
gether, throwing about fireworks, rolling lighted
tar-barrels, and conducting themselves in a riotous,
disorderly manner. The police interfered. A tar-
barrel was lighted, and was rolled about close to
the steps of the door of the police-station ; there
were three granite steps leading to the door. The
prisoner caught hold of the lighted barrel, and tilted
it against the door. There was a proposal to burn
down the station. The prisoner was very active in
the front row of the mob.
'The learned Judge said there must be an overt act
to burn the building, and he did not consider that
was shown. It was a wicked act, no doubt, but he
did not think the evidence sustained the indictment.
The jury returned a verdict of Not Guilty.
The same prisoner was then indicted for a riot
on the sth November.
The same evidence was adduced as in the other
case.
The jury found the prisoner Guilty, and he was
sentenced to one month's imprisonment.

TILE PRINCESS ROYAL.

---
The following letter appears in a contemporary:
Sir,—Two facts in the history of England, temp.
Viet., 1859, aro indisputable ; viz., first, our
ships are daily bringing home from India hundreds
of men who have literally set themselvs in battle
array against their officers, who instead of punish-
ment are receiving considerable sums of money as
bounty at your expense and mine, and who, more-
over, are greedily snapped up by recruiting ser-
geaßts to join the Queen's service ; and, secondly,
that 108 sailors, who have been tried in a batch,
and have received sentence in a manner much re-
sembling the sentence on a litter of puppies pre-
condemned to the horse-pond, without reference to
individual merit, are spending their Christmas in
Winchester Goal.
Let one of these 108 men tell his own story:—
"My dear Mother and Sister i write theas few lines to
you in Answer to your ki-id and welcome letter in hopes of
finding you quite Well as thank God it leaves me at Presen t
you tell me you see in the papers about the Riot on Board
of our ship you ask me if i am one of them and I must tell
you yes iam accused with 107 more as Being in it But
thank God. i am not guilty of the charge laid to me i shall
nat tell y6u what punishment i have got But i shall see you
in march and then i will tell you all about it the Ship is not
paid off yet and iDo not know'When she will Be you Ask
me how 1 spent my Birthday i had a very happy Birthday
under the state of things at present if you see any thing
more in the papers you must not take any notice of it as
there Will Be a Great Deal Put in them my Dear Sister
Do Pray tell mother not to put herself in such Bad sperites
about it as i do not if she does when i come home i shall
not like it you will get my likiness and all the news next
week By one of my shipmates owe lives Close by you is
name is * * * * i wish you a merry

Christmas and a happy new year i expect my half pay is
stopt By this time till i conic home now my Dear Sister
you know that march will-not be long acomming so keep
mothers Sprites up and Do not let her fret so much do not
write to me till you hear from me again if you Do i shall
not get the letter so now i must conclude Beliovins me to
remain your affectionate Son and Brother."
Now let the writer of the above and a fellow
prisoner telt their joint story to a shipmate :
" Dec. 5, 1859.
" My dear Friend,—We wish you a happy Christmas and
many of them we see you was paid off on Monday morning
and we hope you arrived safe at home wo received your
last letter and was very glad to hear from you we thousht
you would have come to see us but I suppose you wanted to
see your friends you said in your letter you was going to
hang on in the but -- thinks you had better join a
ship that will be 3 months before she leaves England then
he will have a chance to conic with you as for myself I
shall say good bye to -- before you return off leave leave
a note at House for him so ho will be able to find you
tell our friends we shall be home in three months time you
must take care of this paper for -- as ho wants to keep it
I think visitors are allowed to see us about Christmas time,
so perhaps you will have a chance to see us but (minus of
our hair and whiskers) we will write again if I have any
opportunity tell our Mothers we are quite happy tell thern
it is not so bad their as' in a man-of-war tell them as if we
did not care a fig for it dent' tell them we shall have our
hair cut if you write immediately perhaps we shall got it
but dont be surprised if we (lent answer() it please to drink
our health on Christmas day tell our friend wo cannot
write.

" From your ever affectionate and well wishing friend
and late ship mates."
And now, sir, let the mother—a hard-working
laundress with two sickly daughters—speak (second-
hand) through me, and I pledge myself that the
report is accurate:—
Mother was the best son that ever woman had,
and never gave me a moment's trouble. He always allowed
ine 15s. a month. Poor fellow, he sent me his portrait, and
here it is. It is hard not to see him at Christmas after
four years' absence. And it is hard, sir,. to lose the los. a
mouth, but it is harder to fancy that he is in gaol with his
hair cut off, poor fellow.
And now (through the mother) let his old ship-
mate. speak, and I will remark here that I have
every reason to believe that the mother is a truth-
telling woman :
Mother log.--, his shipmate, who came on purp- so
to sec me, said; " He "was too good a lad, and we sever
could get him to take a glass, and lao never was in troullo
of any kind • he had been in the dockyard all day. and had
no more to do with the mutiny than you have. He was on
watch, and had run down to change his clothes, and when
he heard 'the pipe to quarters,' he ran up, but some of the
men called out coward,' and tripped him up, and before ho
got to the ladder it was taken away, and the hatches were
battened down. I had only just time myself to get on deck,

ar:ii Mt for an accident I might now be in Winchester gao.

tatteld of here.'.'
Perhaps SOlllO sceptic may remark---`: a! this is
a very pretty story, but why did not this all come
out on the court-martial P" The answer is, "Sailors
are just like schoolboys ;" and if such a sceptic will
go to Winchester Col!ege, which is within a mile of
the gaol, the authorities will tell him that when 20
or 30 boys arc iu a scrape the innocent prefer suf-
fering with the guilty to turning against their
companions ; such, at any rate, was the case in my
time.
In the name of justice all England has aroused to
reverse the sentence of Smethurst, a man who had
forfeited the sympathies of the world. Is there no
one with power, money, and influence who will ad-
vocate the reverse of the sentence on these hundred
and eight men ? If there be such an one, and he
has not the wi!l, let not that man join in the prayers
of the Church for all prisoners and captives. •
To suggest a practical remedy for the punishment
of the mutinous conduct of the crew, let me suggest
that the 108 men be mustered, and let the offer be
made that on titre?, men confessing themselves
guilty the rest shall be pardoned and discharged
before Christmas-day. If more than three step out !
as guilty men; let them draw lots for the pardon.
Justice will be satisfied, without the hecatomb
which has been made.
The fact of 108 men being condemned in a lump
in an offhand court-martial may be a good story •to
tell to the Marines, but is a proof that a court-
martial is not a court of justice.
The original letters and my card are at the service,
of any one
.who passes his word that no use will be
made of the names against the interest of the pri7
soners.—Yours obediently, F. G.