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

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.—WINCHESTER, Dec. 11.
(Before Mr. Justice Williams.)
Joseph Whitmore and Joseph Pike, two soldiers,
were indicted for assaulting and robbing Thomas
Clarke of 12s. 6d., and striking and Leafing him, at
Gosport, on the 29th of August.
Mr. Poulden was counsel for the prosecution.
Froth the statement of Clarke it appeared that he
belonged to the Hants Militia Artillery. On the
29th of August he received his pay, being 30s; it
was paid him in three half-sovereigns. This was
at half-past 4in the afternoon. He paid away ss.
About 7 o'clock in the evening he went to the Roe-
buck publichouse at Goiport. The prisoners came
in afterwards. Clarke then treated all the company
with drink, and about 10 o'clock, after paying for
the liquor he found he had 12s Gd left out of his 30s.
He then put this money in a bladder, and put that
into a neckerchief, which he put in his breast inside
his shirt. The prisoners saw him do this. Between
10 and 11 Clarke said he would go out and look for
his comrade. The prisoners said they would show
him where he was: They then all three went out of
the house up the Roebuck passage, and havingcalled
at a house they went into a dark entry, and then one
of the prisoners took Clarke by the collar, and the
other knocked him down and took out the necker-
chief containing his money. They then knocked
him down again and he was insensible. When he
came to himself the prisoners were not there. He
got up and went into the Roebuck again.
The two prisoners were taken up the same night,
but Clarke could not then identify them, and they
were set at liberty. The next morning Clarke saw
them again, and then said the prisoners were the
men who had robbed him. The prisoners were ab-
sent at roll-call at half-past 9. After the robbery
Pike changed a half sovereign at the Roebuck for
half a pint of gin.
The prisoners bore a good character in the regi-
ment.

The learned Judge, in summing up, said there
were some extraordinary circumstances in the case
which the jury must well consider.
The jury acquitted the prisoners.
Henry (fillings, a soldier, was indicted for a bur-
glary in the house of Adolphus Nicholls, and steal-
ing £lB.
Mr. W. M. Cooke was counsel for the prosecution.
It appeared that the prisoner had been a servant
to Lieutenant Nicholls, who was paymaster. The
prisoner knew the money was kept in a particular
drawer. On Friday evening, Oct. 13, Lieutenant
Nicholls loft his quarters at Portsea. In the evening
there was £l9 in the drawer. lie returned at half-
past 12 at night. He tried his drawer, and it was
locked, but he did not open it that night. The next
day he went to the drawer, and upon opening it he
found that all Lis money was gone. On the 0020

evening another servant of Lieut. Nicholls went
into the room and found the drawer open and the
key in it. He locked the drawer, took out the key,
and put it in its place.
The next morning, at 2 o'clock, a policeman went
to the Crispin publichouse. The prisoner was
there and offered the landlady a £5 note for four
sovereigns. The policeman took the note,llnd asked
the prisoner where he got it. He said he hod saved
it in India, and had got it from the bank that day.
He took him into custody, and found several sove-
reigns and some silver in the prisoner's mouth. He
was drunlc. The prisoner gave a wrong name and
address. Lieut, Nicholls identified the £5-note
as
one that had been taken from his drawer.
The learned judge said he did not see any case of
burglary, as t toy were apartments in the barracks,
and not a dwel.linghouse.
The prisoner ..a.id he had saved up £l4. towards
paying for his die cbarge—that he was not in the
habit of drinking, .9,ncl this was the only time he had.
got drunk.
The learned judge .sty mined up.
The jury found the I.,&ioner guilty of larceny, and
he was sentenced to one year's imprisonment with
hard labour.
George Trussler was ine'iCted for the manslaugh-
ter of Wm. Trussler, at 13rana.9holt, on the 3d Oct.
Mr. Poulden prosecuted, old Mr. W. M. Cooke
defended the prisoner.
This was a very painful case, t. he prisoner being
the son of the deceased. It appe-a.red that the de-
ceased, who had been a sawyer, but- was now an old
also a saw-
man, lived in a cottage with he pyisoner, and his
prisoner
wife and children. The prisoner W.11,'
e latter
yer, and it had been arranged between Lho
and a man named Windymoor that
should call upon the prisoner next m orning
to go to work. Accordingly, about seven o' clock
on the morning of the 7th of October, Windynoor
called at the cottage. The prisoner came out and
said the old man was on again about going so late
to work. The old man came out and said, "
I
would not work with such as you, who could not
come before this time." He turned to go into the
garden. The prisoner's wife said, " He's going away
now he thinks he shall hear something. The old
man, who was infirm and passionate, then said
something very insulting to the prisoner's wife, and
the prisoner appeared to be highly agitated in conse-
quence of the observation, and caught up an oven-
peel (a kind of wooden shovel), and, holding it in
both hands, he struck the old man on the head with
it. The old man fell from the effects of the blow.
The prisoner had rushed to his father, who was
six yards off, to strike him. The old man bled at
the nose, ears, and mouth. He never spoke after-
wards, and died in about 12 hours after. The blow
was behind the left ear. The prisoner had been the
mainstay of the house; he had three children by
his first wife, and had married a second wife last:
April. The prisoner helped to carry the old man_
into the house, and attended to him with great
kindness until his death.
The prisoner's mother was called, and said he
had been a good son and supported his father and
mother, as they were not able to work.
Mr. Cooke having addressed tho jury for the
prisoner,
The learned Judge said it was a most painful case
to him, as it must be to every one who had heard it.
The deceased had used extremely provoking lan-
guage towards the prisoner's wife ; but no words
could justify a person in having recourse to violence,
therefore, whatever violence was used in this case
was unlawful violence. He could not point out any
fact which would justify a verdict of acquittal.
The jury found the prisoner guilty, but recom-
mended him to mercy on the ground of the provo-
cation the prisoner hed received.
The learned Judge said he felt sincere compas-
sion for the prisoner. He had no doubt he had.
undergone inexpressible anguish, and had suffered
a great punishment, but still, under any circum-
stance of provocation, a son could not be justified in,
using such a weapon towards his father. The sen-
tence would be one year's imprisonment without
hard labour.

COUN2BY 111ARKE26:

liIJLL.—DEC. 10.
At our market to-day we had a small supply of English
wheat, which sold slowly, and the prices of last week were
barely realised. Foreign not much inquired for, and lower
in price is per qr, but holders did not press sales.
Wheat.... Old white per qr. s4s Od to 580 Od
Old red
New white .. ~
New red .... „
Dantzic, Konb , &c. old white 63s Od to 67s Odl
Dutch, Belgian, and French. 58s Od to 62s Oft
Baltic and hamburg, red 6os Od to 62s ocl
St. Petersburg. and Iliga, old. 50s Od to 52s Od.
Barley.... English malting 3
306 s Od to 40s Od
Grinding 8 Od to 32s Od
Said and Odcrbruck
holstein and Danish 34s Od to 36s Od
Grinding
Oats.... .. English, old
Archangel and Riga, per st osl2ld to 13d
Friesland and Dutch _. ~
osl3d to Os a
Swedish and Danish Osl2ld to 0513i1
Beans ....English, old, per qr.
New pigeon .., 42s Od to 44s Od
New tic. 4os Od to 42s Od
Egyptian 3Bs Od to 40s Od
Peas ..Foreign breakers
Grinding
Tares .... Spring.
Indian Corn
Linseed, feeding
crushing
Linseed cakes (hull) £9 15 0 to £lO 10
Foreign] 8 5 oto 9 0 0
Rape cakes 517 6to 6 0 0
Bones 5 5 oto 610 0

SHEFFIELD—DEc. 10.
At this market there was a tolerably good supply. Of
wheat, which met a slow demand ~ prices were at the late
advance of 6d per load. Flour and other articles without
change.
Red wheat, per load of 3 imperial bushels...lBs Od to 25s Od
White ff ), •
. •...23s 6d to 268 Od
New red 17s Od to 268 Odl ,
New white „ ff
...20s Od to 24s 6d
Beans ... 18s Od to 19s Od
Peas, per qr ff f)
54a Od to 558 Od
Grinding barley, per qr
Malting ditto, „ 378 Od to 40s Od
Oats I, 2ss 6d to 3480 d
Millers' prices for flour-2s 2d, 2s 4d, and 28 Od per
141 b.