The Sun.
London, England, 1850-07-18 00:00:00

/2,

-• _ _ -
N 0 18)039.] LONDON THURSDAY
if
:711
•
9 JULY 18 1850.
..... .• . • •

IN TH

COURT

In Crown Svo., elegantly bound in gilt cloth, price 7s. 6.1.,
VIEMORIALS OF THE CASTLE OF
EDINBURGH.
By JAMES GRANT,
Author of " Memo'rs of IV irkaldy of Grange," "The Romance of
War," "The Scottish Cavalier," &c.
" Of the different books at this nature that have fallen in our way,
we do not remember one that has equalled Mr. Grant's."—Spectator.
Mr. Grant's very interesting history of the Castle of Edinburgh
—a. work equally distinguished by research, accuracy, and pictorial
interest."—Alison's Essays.
" W, have been much amused with this little book, which abounds
in pleasant and interesting episodes, and we recommend it as an ex-
cellent specimen of local history." -Athemcum.
William Blackwood ant Sons, Edinburgh and London.

ASSIZE INTELLIGENCE.
OXFORD CIRCUIT.—Oxford, July 16. '
CIVIL SlDE.—(Before Mr. Justice WILLIAMS and

the money. Saxby it appeared was afterwards sum-
moned as a witness before the Parliamentary Commit-
tee, and the result of their deliberations was that Mr.
Attwood was unseated. The assignment of the vessel
given by Saxby was afterwards put in force by Rusk,
and the beat was sold for 201., and very soon after this
had been done, the action was brought against Rtbk and
against Mr. Attwood to recover the penalties awarded
by the statute for corruptly procuring the vote of an
el actor.
Eitv2rd Saxby, the voter referred to, was the principal
witness in support (.f the case for the plaintiff, and he
repeated the evidence given by him on the former
occasion. He said ho was d fisherman, and had re-
sided at Harwich for twenty years, but he had only
voted at the election in 1847. He stated thst shortly
before that election he went to the residence of Mr. Att-
wood, In Park-lane, and told him about his boat being
detained, and request,,d him to assist him to redeem it.
He said that Mr. Attwood told him he could not do so as
the elution was near, bnt on his saying that he was very
sorry be could not, he told him to go to his office
Birchin late, where he would see Mr. Rusk. He ac-
cordingly went to the office, where he waited for about
half an hour, and Mr. Attwood then came in and went
into a private room. After this Rusk spoke to him; and
at this time Mr. Attwood was i❑ an adjoining room, and
he had no doubt he heard all that took place. He said
that he knew Mr. Attwood was in the room because he
heard him cough. The first thing Rusk said was that
he understood he bad something to say to him, and he
then repeated the story he had told Mr. Attwood about
his boat being detained; and he replied that he did not
know that he could do anything for him. Rusk after-
wards asked him the value of the boat; and then asked
whether, if she was returned, he would promise to vote
for Mr. Attwood. He replied that he would not promise,
but he dared to say that he should. The next day he called
again at the office in Birchin-lane, and Rusk then told him
that he lied written to Mr. Hales; and if he agreed to his
proposal to vote for Mr. Attwood his boat would be
restored to him. He then returned to Harwich,-and in
two or tree days the boat was given up to him. Mr.
Rusk afterwards met him in the street while he was out
canvassing; and he said he supposed they could count
upon him, and he replied that he would not promise.
When the election came on he gave a plumper for Mr.
Attwood. The day alter the election he saw Mr. Rusk
and Mr. Attwood at the Cups Hotel, and asked them for
his expenses, and Rusk refused to give him anything,
saying that ho ought to be satisfied with what he had al-
ready had; and he also said he did not think it would
be safe to give him any more. He said that no applica-
tion was ever made to him fur repayment of the money
that had been advanced to redeem the boat, but j ust be-
fore the time, when the petition against Mr. Attwood
was being talked about, Mr. Rusk asked him to give
him a security upon the boat, saying that it might hurt
Mr. Attwood's seat if this was not done, and he con-
sented to that upon his assuring him that he would
never press him for the money. His boat was after-
wards taken away from him and sold under this assign-
ment.

OF TIIE COM
SALE OF ENCUMBEREI
FINAL NOT
COUNTY
In the Matter of
the Estates of
John O'Connel and
Morgan John O'Connell,

disioNEgg FOR.

L) ESTATE 4 IN IRELIND.

'ICE OF SALE,

OF KERRY.
PURSUANT to the
ORDER of the CO M-
MIASIONERS, the iollow:ng
ESTATES in this matter will he
ollercd for S.tLE, by PUBLIC
AUCTION, at the Court, No. 14,
I lenrietta-street, in the City- or
Dut.lin, on THURSDAY, the Bth day
f August next, at the hour of
Twelve o'clock at Noon.

Special Juries.)
RHODES 17. COLLINS.
Mr. Alexander, Q.C., and Mr. W. It Cooke appeared
for the plaintiff; and Mr. Keating, Q C., and Mr. Gray
for the defendant.
The plaintiff is the public cfficer of the London and
County Bank. and the dtfendant a rag-merchant in this
city. The action was brought t. recover 8041. Bs. 11d.
advanced by tho bank to the defendant; and the only
question in the ease we,, whether a certain cheque far
that amount, given in February, 1849, was received by
the company in saii4,cfion and discharge of the debt.
The evidence on this point was somewhat conflicting;
and after the case had occupied the attention of the court
for upwards of six hours, epread over to-day and yester-
day, ended in a verdict for the defendant.

botfl late of Gre11:1,
le COUllty Of Kerry, Es is.,

OA ners ;
Ex parte
Dennis Moy'an,
Petitioner.

That Fee-simple Estate
several sub-denornination3,
moily, barony of Clanniatu
the whole, 1,957 A On, 4r. si
in the tollowin; Lots :

called the TUBRID ESTATE, with its
situate In the parishes of Ardfert and Ka-
rice, and caunty of Kerry, continuity.; in
tatute measure, and which will be set up

'./I Denominations,
9

Qu vita y
Stilt ute
Measure.

Relic and
Tithe 'tent
Charze

DOE DEM. DRYDEN V. COLLINRIDGE.
Mr. Keating. Q C., and Mr. Phipson appeared fir the
plaintiff; and Mr. Whate!y, Q C., and Mr. Gray for the
defondant.
This was an action of ejectmeat between landlord and
tenant, on a notice to quit, to which in fa't there was no
defence.

B. d

Verdict for the plaintiff.
This was the last case, and was over at two o'cicck.
To-morrow the commission is to be opened at Worcester,
and on Thursday the business is to begin.

NORTHERN CIRCUIT.—York, July 16.
CROWN COURT.—(Before Mr. Justice CRESSWELL.)
George Tollerton, Nathaniel Scholey, Robert Farrar,
and William Jaques, were charged with the wilful
murder of John Dawson, at Otley, in the West Riding,
on the 21st of April last. .Theta were other indictments
against the prisoners, charging them with feloniously
cutting and wounding Mary Kershaw, Robert Dawson,
William Barret, Mary Dickenson, Fanny Kershaw, and
William Brumpitr, with intent to do them, and each of
them, some grievous bodily harm.
Mr. Hall, Mr. Pickering, and Mr. Hardy, were for the
prosecution; Mr. Sergeant Wilkins and Mr. Boothby
defended Tollerton, Farrar, and Jaques; Mr. Overead
defended Scholey.
The Learned COUNSEL for the prosecution stated that
the deceased John Dawson was a young man who lived
with his father, at No. 15, Piper•lane, Otley, and that
the prisoners wei e excavators, lodging' at Burley Wood.
Two of the prisoners were very athletic men. On the
night of Saturday, the 20th April, all the prisoners bad
been drinking together, at a public-house called the
Red Lion, in Otley. They left it about midnight, and
soon afterwards some windows were smashed in West-
gate. A man named Thorne and a wail named Ives
met the prisoners. Ives asked the prisoners to pay for
the windows that were broken. The prisoner Toller-
ton clenched his fist, and replied that he would pay him
that way. Ives thereupon struck Tollerton a blow
with a stick, which knocked him down, and he ran off.
The prisoners chased Ives, but not overtaking him, they
returned, and began smashing windows in Piper-lane. A
dreadful scene of confusion took place here. Robert
Dawson, a brother of the deceased, among others, inter-
fered. He was violently treated, and his wife and
some other women came into the street. The pri-
soners now began to use knives. They wounded Robert
Dawson, several women, the constable, and others. Ro-
bert Dawson's wife here ran screaming down the street,
calling for help, and soon afterwards the deceased, who
was roused from sleep, was seen in his shirt and trow-
sers rushing down to the assistance of his brother. The
deceased was unarmed. According to the evidence of
Ann Thompson he was met by two men, was imme-
diately struck, and in a minute afterwards received
another blow. He jumped from the ground, screamed,
ran a few yards, and fell dead at the step of his father's
door. While the man was lying dead the prisoners at-
tempted to burst into his father's house, and threw
stones at the windows. Their language was of the
most violent and deadly character. They attempted to
cut the throat of one man who expostulated with them;
they carried knives, and frequently declared that it
was their intention to kill all who opposed them.
A bloody knife was found on Scholey. The Learned
Counsel said that the jury were to consider whether the
prisoners at the bar, having a common purpose, smart-
ing under the provocation of the man Ives, suddenly
gave vent to their anger; or, on the other hand, whether
the prisoners went out that night with a set purpose to
pick a quarrel, or to smash windows and resist all
comers; for, in the latter case, he submitted that they
were guilty of the crime of murder.
A great many witnesses were called for the prosecu-
tion, who deposed to the foregoing facts. A surgeon
proved that the deceased died from the loss of blood oc-
casioned by a wound; it seemed to have been produced
by a knife, which had divided; the femoral artery half
way, about two inches below the groin. The surgeon
also proved that some of the prisoners had cuts and
wounds upon their shoulders.
Mr. Sergeant WILKINS addressed the jury on behalf
•of Tollerton, Farrar, and' ssques, contending that the
desperate conduct of the prisoners was all done in the
heat of blood, without any pre-existing malice, aad that
it was in a great measure owing to the unfortunate pro•
vocation given by Ives, who drew the first blood. He
confidently appealed to the jury to acquit his clients of
.he crimp of murder, and to bring in a verdict of man-
slaughter only.
Mr. OVEREND addressed the jury for Scholey.
Mr. Justice CRESSWELL summed up the evidence ela-
borately, pointing out the legal distinctions between mut-
der and manslaughter; and the jury returned a verdict
of Guilty of manslaughter.
His LORDSHIP at once sentenced Tollerton to tram-
, portation for fifteen years, and the other three prisoners
to transportation for life.
NISI PRIUS COURT.—(Before Mr. Justice WIGHT..

The witness was subjected to a most severe cross-
examination by Mr. Sergeant Shee. In the course of
the answers given by him he said that tho Liberal and
Conservative parties at Harwich were distinguished by
blue and yellow, the former being the Conservative co-
lour. He had always been a " blue." Sir Dudley Hill
was a " blue " candidate at this election, and he had
promised him one vote. He did not give him anything
for making this promise. Mr. Bagshaw was the "yellow "
candidate. The plaintiff was formerly a seafaring man.
He was in independent circumstances. Baker voted for
the yellow candidate. He said that Mr. Pownell, the
attorney for the plaiatiff, had teen very kind to him,
and he and his wife had been living in a house belonging
to him at Harwich rent free for fourteen months. He
owed the money to Grice. The boat was originally as-
signed to him for a sum of 62/., but the greater part of
that sum was repaid, and then Grice insisted upon hold-
ing possession of the boat for another debt that was after-
wards incurred, and he thought this was not acting
fairly by him. He told all these circumstances to Mr.
Attwood, and also that ho wished to have a lawyer's as-
sistance,_ but he had not got money enough to employ
one. He also told him that his boat was nearly new,
and was worth 120/., and that it was detained for a debt
of 411. only. When Mr. Attwood referred him to Mr
Rusk he thought that gentleman was a lawyer, and that
he was to advise him how to proceed with regard to his
dispute with Grice. When he mentioned the matter to
him he told him it was no use going to law, as he bad
got no money. He was examined before the Committee
of the House of Commons, and he was well aware that
the question to be decided was, whether Mr. Attwood
was to lose his seat for bribery; but yet he did not say
a word about seeing Mr. Attwood at the office in Bir-
chin-lane. After a good deal of fencing with the ques-
tions that were put to him, he at length said he did not
recollect whether he did not state positively that Mr.
Attwood was not there. He also asserted that he did not
recollect whether he stated distinctly that he had never seen
Mr. Attwood but once, and that was at his own house in
Park-lane. He was sworn to tell the truth, the whole truth,
and nothing but the truth, but still he did sot say any-
thing before the Committee about seeing Mr. Attwood at
the office in Birchin-lane. He did not think he vsai
asked the question, but at all events he did not state the
fact. Ho was an unwilling witness on the present oc-
casion also. He should not have come as a witness if
he had not been forced to do so by Mr. Baker. He did
not tell the Committee that he heard any talkine.h or
coughing in the inner room in the office, or that Mr.
Rusk told him that if he would vote fur Mr. Attwood his
boat should be released.' lle was reminded by the Com•
mittee that he was upon his oath, and the reason he did
not state all he knew was that he did not desire to hurt
Mr. Attwood any more-than he could help. It was part
of the arrangement with Mr. Rusk, that he was to repay
him the money he advanced to redeem his boat as well
as he could, and Mr. Rualt- told him that if he did not
repay him he must put the boat into Mr. Haley's hands
again, and sell it.
On :re-examination the witness said that he answered
every specific question that was put to him, and said
nothing more. He did not recollect being asked whether
Mr. Attwood was in the office. •
One or two other witnesses having been examined,
who deposed to some facts of an immaterial character,
Mr. Hales and Mr. Rusk were called to produce the
letters referred to in the case, but the plaintiff's counsel
would not allow them to be sworn, and merely required
them to hand over the papers.
Sergeant SHEE called upon Mr. Chambers to put in the
answer written by the voter Saxby to Mr. Rusk at the
conclusion of the transaction in question.
Mr. CHAMBERS said he should decline to do so. Ile did
not think there was evidence, indeed, of the existence of
such a document.
Mr. Justice ERLE said it appeared to him there was
no doubt that such a letter had been written, but he did
not think the Learned Counsel was bound to put it in.
Sergeant SHEE submitted to his Lordship that inas-
much as the accusation that was made was that a voter
had been corruptly bribed, it was very important that
this letter should be produced, as it would no doubt show
what the transaction actually was.
Mr. Justice ERLE expressed an opinion that it would
have been more satisfactory if this letter had been pro-
duced, but at the same time he said he did not see that
the counsel for the plaintiff could be compelled to put in
the document. The absence of the letter, however, would
be a matter for observation to the jury.
This closed the case for the plaintiff.
Mr. Sergeant SHEE then made a most eloquent and
able appeal to the jury on behalf of the defendant.
After remarking that this action was not one brought
with an object of asserting any right, but merely for
the purpose of endeavouring to extract two sums of
5001. each from the pocket of Mr. Attwood, be said it
had frequently occurred to him that in cases of this de-
scription it would be a great satisfaction for the jury if
the plaintiff had to conduct his own case, and to state
himself what were his views, his objects, and his mo-
tives in instituting such a proceeding. He then proceeded
to state that before they could find a verdict for the plain- 1
tiff, they must be satisfied that Mr.Attwood was perfectly
well aware of all the proceedings that were taken by Mr.
Rusk in this matter, and that the latter had really
advanced the money to redeem the boat, upon the under-
standing 'that Saxby was to give his vote for Mr. At-
wood. The case rested entirely upon the evidence of the
witness Saxby, and he contended that after his own ad,
mission that he had already perjured himself upon his
examinationbefore the Committee of the House of Com-
mons, his evidence was utterly unworthy of credit. The
charge was brought by an informer against a gen demse
of station and character, and it was sought to be sup.
ported by the evidence of a man who, by his own ad ids-
sion, was already perjured ; and under such circum-
stances, it appeared to him impossible that the jury
should return a verdict against the defendant, the effect
of which would be not only to deprive him of a large
sum of money, but what was of still greater importance
to him, would for ever destroy his reputation and cha
racier. The Learned Sergeant then pr ,ceeded to com-
ment upon the facts of the case, and said it appeared to
him to be quite clear that the act of releasing the hoes
was merely one of kindness on the part of Mr. Husk.
and that Mr. Attwood had nothing whatever to do with
it. It was very evident that the law had been a
good deal strained against Saxby in his transac-
tions with Grice, and that the latter had nu right,
after he had paid the original debt for which the boat
was made a security, to detain it far anothertiebt; and he
asked the jury whether it was not probable, upon thee
facts being represented to Mr. Rusk, and his being med.,
aware that the man was prevented from follown g
occupation and supporting his family on account of th.
detection of his boat, that he should have come forward
to assist him, without having any improper object in
view? If, however, they should be of opinion that
Rusk had acted improperly or illegally, still that would
not affect Mr. Attwood, unless he was shown to have ge
acted as his agent, and that he was cognizant of his pro-
teedings; and of these facts, he submitted, there was
no-, the slightest evidence. The Learned Sergeant thee,
commented in strong terms upon the conduct of the
witness Saxby, and the manner in which he gave hi
evidence before the Committee of the House of Com-
mons; and he said that as he bad upon that occasion
said that Mr. Attwood was not present, and that hi
now swore that he was, he did not see how the jut)
were to decide which statement was true. He ha,.
chosen before, 'haring 'taken a s•alera* oath speal,
the truth and the whole truth, for a particular
I purpose to, omit to say that Mr. Attwood was at tht

MAN.)
FAWCETT V. THE DIRECTORS OF THE YORK AND NORTH

BIIDLAND RAILWAY•

This was an action of trespass. Mr. Knowles, Q.C.,
and Mr. Travis were for the plaintiff; Mr. Martin and
Mr. Addison were for the defendant.
The action was brought to recover the value of two
horses, the property (f the plaintiff, which were killed
by a train on the York and North Midland Railway in
November last. The horses were valued at 601. each.
They were kept in a field near the Burton Salmon Sta-
tion, and near the bridge there is a deviation where
the line of railway crosses the road at a level. Gates
have been erected at each side of the road; these were
left open; the horses strayed on the line, and a train ran
over them and killed them.
The case occupied considerable time both yesterday
and to-day. Verdict for the plaintiff-551.
The libel case is fixed for to-morrow morning, and as
Mr. Hudson is to be a witness, and as all his railway
transactions are placed on the record, the event causes
no small excitement in the railway circles.

HOME ClRCUlT.—Chelmsford, July 17.
CIVIL SlDE.—(Before M. Justice ERLE and a Specie

buoaTrrohwuigisehhwt
witanoas
111t..AxEn V. ATTWOOD.
vote for hi
ful 1 y and
qraprunueenpsaattcl
i
Win brought to recover from the de-
fendantytesb of 5004 each, for having unlaw.
defendant corruptly imb.
The declaration alleged,ed
thaavto taetr
the of
election
the bor borough
the
hoef
on . este
dthe
egde n
ae r avloetleerc tinoanaii ne
118E4
d 7 ,w
at hr
de
Saxby to vote for him. The declaration contained two
counts, the first char gi•
ng the actual bribery, and tha se-
cond merely alleging that bribe had been promised.
M. Cham
Mr. b
counsel for the plaintiff. Sergeant Shee, Mr. E. James,
Q.C., and Mr. Willes were for the defendant.
It will be remembered that at the summer assizes for
this county, in 1849, the present plaintiff brought an ac-
tion of a similar description against a gentleman named
Rusk, who was alleged to have acted as the agent of
the defendant, Mr. Attwood, and upon that occasion the
plaintiff was non-suited upon a point of law. The pre-
sent action involved precisely the same facts, and as the
evidence was fully reported upon that occasion, it will
not be now necessary to give it in detail. It appeared
that at the general election in 1847, the defendant was
a candidate for the borough of Harwich, upon the Con-
servative interest; and shoctly before the election took
place it seemed that s gentnman named Trundell, who
was one of his committee at Harwich, wrote to him, re-
questing him,to give some assistance to one of the electors,
a fisherman named Saxby, who had got into difficulties,
and whose boat bad been taken possession of for a debt
of 411., which he had incurred to a person named
Grice, and who, in consequence of this proceeding, was
prevented from following his occupation, and he and his
family were reduced to great distress. Mr. Attwood,
in reply to this communication, said that he should be
willing to render some assistance to the person re-
ferred to, but as it was upon the eve of an election he
did not think it prudent to do so, and therefore declined
interfering. After this, however, it appeared that Saxby
went up to London, where he saw Mr. Attwood, at his
private residence, in Perk-lane, and he then stated his
position to that gentleman, and requ-sted his assistance
to redeem his boat. Mr. Attwood told him he did not
think he could do anything for him, but directed him to
go to an office used by him in Birchin-lane. for the pur-
poses of a projected railway to Harwich, in which the
defendant took an interest, and where Mr. Rusk, the de-
fendant in the former action, officiated as his secretary.
Saxby accordingly went there, and after waiting about
an hour Mr. Attwood came to the office, and proceeded
to an inner room; and it was repr'sented Out upon this
occasion Rusk openly.proposed to Saxny that, upon con_
sideration of his givieg his vote to Mr. Attwood at the
approaching election, his boat should be reneemed cud
given up to him; and it appeared that two or three lays
after Rusk sent a letter to an auctioneer, named
Hales, at Harwich, in whose possession the boat hail
been placed, on which he offered to advance 10/ at once
on behalf of Saxby, and to pay the remainder of the
debt by instalments of 51. each, every month; and these
terms being acceded to, the boat was given up to Saxby.
The election came Y
on in due course, end Saxby
gave a ‘. plumper" for Mr. Attwood. Proceedings
were subsequently taken to set aide the election unon
the ground of bribery, and it appeared that shortly before
the matter was to be inquired into before the
wnt down to
Com-
mittee of the House of Commons Rusk e
Harwich and required Saxby to. assign the boatto
as security for his debt, which was done, Rusk
him
at h
same time saying that he would Inver trouble him the

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office, and now, for some other purpose, he chose to say
that he was, and how were the jury to decide what was
the truth of the matter? He therefore called upon them,
under these circumstances, to give no credit to the evi•
donee of this witness, and to dismiss it entirely from
their minds ; and if they did so, then nothing whatever
remained upon which they could return a verdict for the
plaintiff. He then remarked upon the contrivance that
had been exercised in getting up the case, and also upon
the counsel for the plaintiff keeping from the knowledge
of the jury the letter written by Sa;hy to Mr. Rusk,
after the latter had written to him to inform him of the
fact of his bat being liberated, and the conditions; and
he said that if that lei t,r had bleu produced, there was
no doubt that it would. have completely destro)ed the
tllcgatiou that any cora mpt barg tin had been made. The
Learned Sergeant concluded by expressing a confident
opinion that in a charge which involved the position, the
character, and the happiness of a gentleman upon whom
not the slightest stain had ever before been cast, Or jury
would not return a ys Hint of guilty upon such evidence
as had been adduced.

Mr. Justice ERLE summed up, in his natal clear and
mpartial manner, and the jury almost immediately re-
iurned a verdict for the defendant.

MIDLAND ClRCUlT.—Northampton, July 16.
(Before Mr. Baron PLATT and a Special Jury.)
FALL V. WARREN.
This was an action for not cultivating a farm accord-
ing to agreement, to which the defendants had pleaded
several pleas, denying the breaches alleged, and also leave
and license.

Mr. Whitehuret, Q.C., and Mr. Hayes, appeared for
the plaintiff; Mr. lltunfrey, Q.C., and Mr. Mellor fur the
defendants.

The plaintiff claimed in his declaration a sum of :3,5601
as the liquidated damages specified in the agreement for
the breaches of contract of which he complained; but it
was stated on his behalf that he only sought to obtain
a sum of about Goa-at' a reasonable compensation for
the damage which had been done to the farm by the
cross-cropping and mismanagement of the defendants.
The plaintiff's witnesses, who proved the breaches of
contract, on cross-examination stated that the plaintiff
had frequently expressed approval of the defendant's
farming; and witness for the defendants proved that
large sums of money had been spent upon the farm, and
that it had been, upon the whole, well managed by the
defendants up to Michaelmas, 1849, when their tenancy
ended.

The jury had been over the farm, and many of them
intimated a very clear opinion that the farm was now
in a good state. Some of these expressions of opinion
elicited loud applause from the bystanders in court.
After the summing up of the Learned Judge, the jury
retired, and upon their return into court they tchand a
verdict tor the plaintiff upon several of the issues, but
for the defendants as to the leave and license; and they
said that, in their opinion, the action ought not t) have
been brought.
The Learned Judge then strongly recommended the
parties to agree to withdraw a juror, in order to put a stop
to all further litigation, and they afterwards adopted
that recommendation.

It was mentioned in the course of the trial that one
of the defendants was the person who had recently been
cruelly murdered at Boughton-moor.
CROWN COURT.—(Before Mr. L. C. HUMFRET, Q.C.)
Rito Smith was indicted for stabbing and woundit,g
one Samuel Warren Burdett, with intent to do him
grievous bodily harm.
Mr. Maunsell appeared for the prosecution.
The prisoner is a gipsy, and on the 2d of November,
1847, had been drinking with the prosecutor at a public-
house in the parish of Sutton Bassett. They quarrelled
and fought outside the public-house; the prosecutor and
a companion went on the road towards Harborough,
and the prisoner followed. Another fight then took
place, and the prisoner in a short time said " I'd settle
this," and went to his clothes fir a knife, with which
he returned and stabbed the prosecutor in the kit
breast. The surgeon who attended the prosecutor for
several weeks described the serious nature of the wound,
and stated that the man's life was in danger during
the early part of his attendance.
The prisoner, in his defence, said, " I was bound and
obliged to do it to defend my life," and called a witness
who swore that the prosecutor said that he would fight,
and that he would either take life or lose life.

The jury, however, found a verdict of Guilty, and the
Learned Judge sentenced him to be transported for ten
years.

Edward Bowie was indicted for a highway robtlery
with violence, committed on the person of one John
Horn.
Mr. Miller appeared for the prosecution; Mr. Flood
for the defence.
The prosecutor stated that he was a farmer, and in
1849 lived at Bramston. On the 10th of April in that
year he had been attending Daventry fair, and left the
Saracen's Head, at Daventry, about ten minutes past 12
o'clock, in company with a man caused Wise, who had
a pony. When they had gone about a quarter of a mile
Wire asked the prosecutor to ride behind him, and as he
was getting on the pony by means of a gate the pony
shied and ran away. Wise was thrown, and the pro-
secutor fell over the gate. He was insensible fur a
time; but when he cause to himself four or five men
were rubbing. him. lie had had with him 511., ten 51.
notes oldie Northamptonshire Union Bank, and one sove-
reign, in addition tei some silver- a purse, and other arti-
cle:.The prosecutor was severely beaten. The priamer
and three other men of the name of Frost, were seen
shortly afterwards running in & direction from the place
pointed out by the prosecutor as tee scene of the rob-
bery; and one of the Frosts threw tiv,y the prosecutor's
purse and a 51. note of the Northamptonshire Union
Bank. He was secured at the time, and afterwards con-
victed, but the prisoner escaped, and was not taken tied
committed until May in the present year.
The jury found "the prisoner Guilty, and he was sen-
tenced to fourteen years' transportation.
Henry Goldsborough was indicted for a burglary in
the dwelling-house of John Knighton, at ltaunds, in
this county, and stealing therefrom eighteen silver spoon
one silver watch, and one guinea. the property of Mr.
Knighton.
Mr. Miller appeared for the prosecution.
Lucy Hall, the prosecutor's housekeeper, stated that
the prosecutor is above seventy, and too infirm to be
examined as a witness. That about two o'clock in the
morning on the 24th of May last she heard a noise.
Two men entered her room with knobbed sticks, and
with handkerchi, fs over their faces. One shook
her and said, " We'll have your money or else
your life," sad ho asked her for her pocket, took it, and
threw it back, saying, " You have got more money."
She said, " There is a sovereign in a box at the bottom
of the bed," and she got out of bed and gave it to him.
The other man brought up her master, and put him into
her bed, and said, " You shall lie in the bed a good
while with her." They asked the prosecutor whom he
thought it was, and he said, " You are Henry Golds-
borough." After tho men left it was found that the
silver-spoons and watch had been taken, the house ran-
sacked, and a window-frame taken out. Upon being
taken into custody, the prisoner made a statement, im-
puting the crime to two other persons.
The prisoner, upon being called upon for his defence,
stated that he had written to Lord Chief Justice Wilde,
to ask whether it was legal for the committing magis-
trate to cancel the deposition of the prosecutor, as they
bad done in this case. Upon being assured that in the
opinion of that Learned Judge it was perfectly legal, be
proceeded to read a long, and, in regard to phraseo- I
logy. certainly a remarkable defence. He made
1234" many comments upon the insufficiency
of the housekeeper's testimony. " The intellectual
Powers of the female are naturally weak," be
said. He argued that in coming to a conclusion as to
his identity her imagination.hud been worked upon by
the statement of the old man, and he observed, " the
influence ofeimagination on the mitid, the passions, and
the conduct of life, is one of the most remarkable points
in moral philosophy." She had identified him partly by
hie voice; and he remarked on the fallacy of such eve-
dence; for, " at such a time the whole harmony of my
voice (said he) would be changed into a dull, gruff,
abstruse like sound." He concluded with strong protes-
tations of innocence.
The Learned Judge summed up, and the jury found
the prisoner Guilty.
A previous conviction for stealing fowls was then
proved against him, and he was sentenced to transpor-
t AtIOTI for life.
Prisoner—Thank you, my Lord. Your court is a
mere farce.
George
William Smith and Wiltam Sherwood Turner,
both of the age of 17, were indicted f msticiously end
felm'ionaly setting fire to a smote of hay, at the parish
of Kingsthorpe, in th 6 county.
Mr. Maunsell appeared for the prosecution, and Mr.
Miller defended the prisoner Smith.
The fire took place about four o'clock in the afternoon
of the 30th of March last, and the prisoners were seen
goieg into the prosecutor's field where the stack was be-
fore the fire, and running away from it after it broke oat.
They did not, indeed, when they were apprehended,
deny that they had set fire to the stack; but their de-
fence was that they s ia down by the stack to smoke their
Pipes, end some sparks accidentally igni'ed the stack.
Ii aPeeared that they had been asking for tobaccoshortiy
before.
Mr. MILLER addressed the jury on behal of Sm h,
aad tfo:r the summing up of the Learned Ja .go.
t
The jury at once returned a verdict of Not Gety.
t.
on for John flutes was arraigned upon the coroner's inquisi-
niatislaughter. The inquisition was taken upon
the bAy of Frances Waters fates, the wife of the pr•-
uner, whose death was charged to have been occasioned
by a poisonous drug negligeetly administered to her hy
the prisoner.
Mr. FLOOD stated, on the part of the prosecution, V. n$
" the grand jury had ignored the brit which wa int -
served to them, it was not proposed to uffor any evidence
upon the coroner's it.q.asttion.
Mr. Miller appeared for the prisoner, %rho was at once
acquitted and discharged.

WESTERN ClRCUlT.—Wincheseer, July 17.
Clto wN coultr.—(B.fore Mr. R. GURNEY, Q.C.)
Wuliarn Winkworth was indicted for staribing, cutting,
ind wounding kiury Ellen Hillary, with intent to kill
Ind murder her. 'Chere was a second count laying the
intent t,-) be to do her some.. grievous bodily harm.
Mr. 11. T. Cote was counsel for -the prosecution, Mr.
0. Saunders defended the prisoner.