The Sun.
London, England, 1844-07-17 00:00:00

SUMMER ASSIZES.

ROME ClRCUlT—Chelmsford, July 16.
The commission for the county of Essex was opened
on Monday by Mr. Baron Gurney. The calendar is
heavy, and some of the offences are of a very serious
character, there being no less than eight charge of arson,
and in five of the cases the respective ages of the ac-
cused are 16, 9, 11, 12, and 8 years. There is also a
charge of child murder, and two caws of manslaughter.
Ou. the civil side thirteen causes were entered, three of
which were special jury cases.
The business of the assize commenced this morning at
ten o'clock, Mr. Baron Gurney sitting on the Civil Side,
and Mr. Baron Parke in the Crown Court. On the.
Civil Side the whole day was occupied in disposing Of
an action of trespass, the details of which were of no
public interest.

(Before Mr. Baron PARKE.)
His Lordship in charging the Grand Jury said, he was
sorry to observe that notwithstanding the numerous
gaol deliveries in the county, and the operation of the
Central Criminal Court, there were so many prisoners
for trial at the present assizes, and still more t. see the
magnitude of the offences with which a great many of
them. were charged. There were several cases affecting
the lives of the accused, and, but for the recent altera-
tions of the law and the amelioration or the punishment
formerly inflicted, many others would have been in the
same position. The most serious case appeared to be a
charge of child murder, and in this case it appeared by
the depositions that the usual difficuly- in cases of
this description, namely, whether the infant was
born alive or not would not, arise, inasmuch as it would
be shown that it was three weeks old at the time it was
destroyed, and he apprehended that if the facts should
be proved, as they appeared upon the depositions, it
would be their painful duty to find a bill for the murder.
There was another revolting case, in which a father was
accused of a fel‘sniuus assault upon his own child; and it
was alleged that the offence had been committed while
his d'aughter was under ten years of age, which, if made
out, amounted to a felony, even if the jury should be-
lieve that the child was a consenting party. This,'said
the Learned Judge, was the most shocking case he had
heard of during the period he had been connected
with the administration of the criminal jus-
tice of the country, and it would be the duty of
in
to
their grand jury to take the facts dispassionately
their consideration, and see whether there was sufficient
evidence to warrant them in returning a bill either for
felony or misdemeanour. He regretted to see in the
calendar that there were many instances of an offence
which was very common both in that and the adjoining
county—the destruction of corn and other agricultural
produce by incendiaries ; but it was satisfactory to find
that, in nearly all the cases, the parties accused were not
labourers, who were alleged to be dissatisfied with their
employers, or with any particular law, but were children
of tender age, in one case the prisoner not being more
than eight years old. The law did not hold any one
criminally responsible for his acts who was under
seven years of age, and, perhaps, in some of
the. cases the grand jury might be induced to
consider that the age of the accused was so near
that fixed by thc law as not rendering them
responside, that they would pause before they
found a bill, although he must admit that the deposi-
tions showed the parties accused to have admitted that
they were aware they were doing a wicked action, but
at the same time without any apparent motive. The
Learned Judge proceeded to state that it was not neces-
sary to prove any malice or ill-will against the owner of
the property, this having-been specially provided for by
the statute ; and all they would have to consider was,
whether, at the time the offence was alleged to have been
committed. the party accused was aware that he was
committing an illegal and wicked act, to the prejudice
of another. In one of the cases it did not clearly ap-
pear that the stack was actually ignited, and on that the
jury could not find a bill for felony, but must return one
for misdetneanour, for the attempt to commit the offence
The grand jury then retired.
There were no cases of interest tried during the day.

OXFORD CIRCUIT.—Oxford, July 16.
CROWN COURT.—( Before Chief Justice TDIDAL.)

Richard Elliott was indicted for stealing a banker's parcel,
containing 1,500 sovereigns, frsm the Defiance coach, on the
18th of March last.
Mr. Keating appeared on the part of the Crown; Mr. Bal-
lantyne and \lr. Huddle-eon defended the prisoner.
As the circumstances of this case have excited considerable
attention, we furnish the evidence somewhat more than
usually in detail, as elicited from the different witnesses.
Mr. Robert Hare (clerk in Coutts's bank, London, corre-
spondent of the Oxford Old Bank)—l made up a parcel of
1,500 sovereigns in a bag, which I tied up, in order to be
transmitted to Oxford. Having weighed them, I delivered
the parcel to Quint, the porter, about twelve o'clock in the
day, on the 18th of March last.
• Richard Quint, porter to Coutts's bank—l received on the
day in question a bag from the last witness, which I put
into a wooden box and nailed down, directing it to Messrs.
Robinson and Parsons, High-street, Oxford. The box I then
put into a blue bag, which I tied up and carried in a cab to
the Gloucester Coffee-house. I had often formerly taken
similar parcels in the same way. When I reached the
Gloucester Cotree-house, the Defiance, Oxford coach, had not
arrived ; it, however, came up in four or five minutes, where-
upon I delivered the bag to Hobson, the coachman. He put
it into the off side of the front boot, as he took it from me.
There was no one on the box at the time.
Cross-examined—l never left the parcel at all after it was
delivered to me until I gave it to Hobson.
winisen Hobson, coachman to the Defiance, which travels
the Henley road from London to Oxford—On Monday, the
18th of March, I signed a receipt at Messrs. Coutts's for a
parcel of 1,500 sovereigns. I left the Belle Sauvage at noon,
with one female passenger. I took up another female at the
Bell and Crown. At the Regent Circus I took up two male
passengers—one was a lad of the name of Cochrane, the-other
was a stranger. I arrived at the Gloucester Coffee-house at
half-past twelve. There I saw Quint, from whom I received
a bag, which I placed near the bottom, on the off side of the
boot. There were several parcels both under and over it,
the boot being very nearly full at ..the time. I took up two
male outside passengers at the Gloucester Coffie-house. They
sat at the back. One, who took his seat near me on the
box, was dressed in an old-fashioned blue coat, had his hat
pulled over his face, and appeared a very mean person. I
next stopped at the Cannon, Knightsbridge, where I took up
a male passenger, of the name of Mountjoy. As I lett
Knightsbridge the man on the box said something, in conse-
quence of which I stopped at the door of a ginshop, where a
man put his head out of the door and held up his finger.
That was the prisoner. Ile got up behind, and sat with his
back to the horses. I proceeded to Salt- bill, and saw the
bag at Longford, between London and Salt-hill, where I
changed horses, which I also did three times between that
place and Benson. I had taken up a male passenger at
Hammersmith, who stopped at Henley. I reached
Benson at a quarter to seven; where I stopped at the
Crown. Mr. Shrub's, one of the proprietors of the
coach, who had travelled inside, got out at Benson, where
I got down, and gave his servant his carpet-bag out of the
fore-boot. I then went into the Crown, the coach remaining
there about eight or nine minutes. The prisoner then left the
coach, aud paid me his fare in the bar of the house. I gave
him change for a sovereign, and took part of a glass of ale,
which he ordered fur me. I stopped next at Dorchester, to
put on an extra horse, but did not leave the coach. I took
up the mail-bags, and lighted the lamps at Nuneham ; the
man .at the box got down, and had a glass of ale there. I
proceeded to the Old Bank at Oxford, bringing with me
seven passengers, and then missed the parcel for the first time.
No luggage of the prisoner's was ever put into the front boot.
I mentioned the loss of the parcel to Mr. Parsons, at the Old
Bank, and drove straight to the Vine, but could find no traces
of the bag. The man in the blue coat remained there a few
minutes, and then walked away.
Cross examined—l have been a coachman on the Oxford
road many years. I was a little behind time at Benson. I
looked about fur the prisoner for some little time, having
missed him fur a short time. At Nuneham the horsekeeper
lit one lamp, and I lit the other. I had a glass of ale there,
which was paid for by the man on the box. I took up the
mail- bags at the archbishop's lodge at Nuneham, which is
half a mile from the inn. I afterwards got dowEe, and locked
up the mail-bags in the hind boot for safety.
Re-examined—The prisoner had on a loose great coat. I
only piled up for the purpose of taking the Archbishop of
York's mail begs, but I did not stop there. When I got
down at Nuneham I gave the reins to Cochrane.
Dennison Cochrane—l sat behind the coachman, with two
fenule and one male passengers. I got up at the Bull and
Mouth, Regent Circus. I did not see the parcel put into the
boot at the Gloucester Coffee-house. I stood up behind the
box at Nuneham, while the coachman got down, and held
the reins for two or three minutes. No one that I saw went
near the boot during that time.
Cross-examined—The man on the box got down on the
near side at Nuneham.
William Chapman, servant to Mr. Shrubb, at Benson—
On the 18th 'of March, when the coach came up, I was.
standints in the Crown Inn. I saw the prisoner get down
off the coach there. I saw him put one foot on the splinter-
bar and one on the wheel, and open the fore-boot. When I
came away lie was still looking into the fore-boot, and stand-
ing in the same position.
Cross-examined--I noticed the prisoner get off the coach,
but I had never seen him before. I was close to him at the
time. 1 know Mountjoy, but I did not notice him there.
The man on the box remained there while the prisoner was
looking into the boot.
Wiliam Carr, horsekeeper at Benson—On the 15th of
March I saw obson get down from his seat on the coach,
on arriving at the inn door. I saw a man in a light coat
with one foot on the splinter-bar and one on the wheel, but I
did net notice him. lie was doing something, I cannot say
-what, in the front boot. The coachman handed me a carpet
bag, which I gave to Chapman. I am certain that only one
man (the one with a light blue coat on) went near the fore-
boot.
Martin Mountjey, servant to the Earl of Cheeterfield—On
the lath of March visa passenger by the Defiance to ,i-iford-
-1 got upon the coach, be.`sind, at Knightsbridge. I saw tite
prisoner get up. lie sat at Sol, right. He had with him a
carpet bag, which appeared nearly empty ; it was put under
the seat where we were both sitting. got down at Benson,
as did the prisoner also. On returning to the coach I ob-
served a man who had been travelling on the box at the boot
of the coach ; he had on an old-fashioned blue great coat.
He was standing with one foot on the splinter-bar and one
on:the wheel. I did not observe then whether there was
any one sitting on the box, but I saw the man with the old
great coat holding a blue bag in his hand. It appeared nar-
row, about two feet long, and very heavy. He passed to the
back at the coach, and then resumed his place on the box.
I did not see what became of the bag. 1 was not absent
from the coach more theft a minute. I came on to Oxford.
Cross-examined—I sat beside the prisoner all the way
from London, but did not talk toohim. I had a carpet bag in
the front boot, and was watching, lest that should be moved.
I walked up and down a few times by the coach, during part
of which time I saw the prisoner in the inn.
Richard Coster, landlord of the Crown Inn; Benson—l saw
the prisoner in the bar. He paid Hobson the fare as the
coach was leaving. He staid in the inn, bringing with him
a carpet-bag, umbrella, and top-coat. He went to bed early.
Lucas, the Oxford city marshal, came to my house that
night, and I went with him to the prisoner's room. Lucas
searched his clothes, the bag, which was quite empty, being
still in the commercial room. We found nineteen sovereigns
and some silver in his trousers pocket. He said he was a re-
spectable tobacconist, residing in Bank-street, or Bell-street,
Paddington ; that he had dealt with Lloyd, on Holborn-hill,
five years, adding that he was going to Bins (near Bath),
when Lucas observed, "If you come with me to Oxford rott
will be nearer Box then than now." The prisoner said if he
insisted on his going to Oxford he would go, but not other-
wise. Lucas said he should insist, and requested him to get
up, which he did immediately. He said that he must go to
*Windsor the next morning, .or he should disappoint some
friends.

Cross-examined—My house is five miles from the Walling-
ord-road Station ; the trains at that time were running to