The Sun.
London, England, 1857-12-17 00:00:00

WESTERN CIRCUIT.—EXETER, DEc. 14.

(Before Mr. Justice Willes.)
Joshua Westlake, John Pike, and Alfred Clarke
were indicted for a burglary in the dwelline, house
of Francis Weeks, on the 18th of September, at
Whimple.
Mr. Coleridge c widucted the case for the prosecu-
tion, and Mr. H. T. Cole defended the prisoners.
It appeared from the evidence of the servant girl,
named Emma Woods, that oa the night of the
17th of Stpteruber, about 11 o'c'ock, she was
aroused by a noi:e outside the hou,e. She looked
out of the wiudov.• and saw the three prisoners in
,t,ho yard. Site went to her mast- r's roam, but li
was not in bed. She then lighted a lamp and took
it to her own room, and then put a cloak over it
She look« 1 out of the window and saw three men.
Two of them, Westl and Clarke, put a lad r
up to her window, and Westlake ascended it. H,,
then took a kale from his br, act and cut a cord
which had been used to fasten the window. He un-
hung the casement and handed it to Pike, who was
also standing on the ladder, and he passed it to
the other prisoner who stood at the foot of the
ladder. She then took her cloak from off the
lamp, and as Westlake was getting in at the win-
dow she put it to his face, and put her baud upon
his bead, and said, " Westlake, I suppose you have
not had bread and water enough." (He had been
in prison for stea'ing some wood.) He then drew
back and descended the ladder, and she went down-

stairs and called her master, who was asleep in the
sitting-room. The house having been broken open
a few nights before, he was sitting up. She told
her master what had happened, and the names of
the, three men. They then proceeded to examine
the house, and they found that three cheeses had
been taken from the dairy. Three ducks had also
been taken. The girl then took him to an out-
house, where she had previously seen the prisoners
go, and there they found the cheeses and the ducks.
The police were sent for, and the next morning the
three prisoners, who worked on the railway, and
lived near the prosecutor's, were apprehended, and
the girl identified them. The dairy had been en-
tered through the roof.
For the defence it was urged that of all the ex-
traordinary cases ever presented to a jury this was
the most extraordinary. When the girl saw the
men in the yard why did she not alarm her master
aed the other inmates of the house ? But instead
of that, according to her own statement, she never
called anyone until the men were gone. It was
submitted that the story was too extraordinary to
be believed. The young girl was the only witness,
and she pointed out to her master the place where
the cheeses and the ducks were found. " Those
who hide can find." The girl must have had an
enmity against Westlake. He called the two other
prisoners, who lodged with him, to prove that he
was not in the house, and so the girl charged them
also. It was therefore .rged that the case was too
dangerous for a jury to convict upon.
The learned Judge summed up the case.
The jury found the prisoner guilty.
Westlake was sentenced to 15 years', and the
other two to 10 years', penal servitude.
Joseph Weaver was indicted for having, at Dart-
moor Prison, assaulted William Rumbelow, a
warder of that prison, on the 24th of November,
with intent to murder him.

Mr. Coleridge and Mr. Bere Were counsel for the
prosecution.
William Rumbelofr—l am one of the warders of
the prison. The prisoner was a convict. On the
24th of November the prisoner was brought to the
refractory cells. I put upon him a body belt,
which is a covered chain, to which are attached two
handcuffs, in which the prisoner's wrists are placed,
giving him five inches' play for his hands.
The Judge—Does it squeeze him round the body ?
Witness—lt is put on so that it cannot hurt him.
The chain is locked round the body. There is a
staple at one part of the chain. Before it was put
on the prisoner said, as soon as be got out of the
cells he would rip open any man he could see. He
was in the refractory cell about two hours and a-
half. While he was there I heard the glass of the
cell window breaking. I unlocked the door. The
prisoner was standing on the guard-bed, a sort of
wooden bulk raised from the floor. His right hand
was free, and he had taken off the body belt, having
forced the lock. He had hold of the belt with the
left hand. I went up to him, and he made a blow
at me with the belt, which I parried and knocked
him down with my staff. Not wishing to injure
him further, I went to free him from the belt ; he
laid hold of my staff and I fell. The staff broke,
and the prisoner struck me twice on the right
temple with the part he had. Three of us then,
after violent resistance, took the staff from him.
He got hold of my finger between his teeth and
bit the top joint of it off. The prisoner was then
taken to a cell. I don't know where I struck the
prisoner, because it was in a moment of irritation.
The prisoner had previously asked me to loosen
the belt, as it was too tight, and I refused.
By the Prisoner—l did not beat you for five
minutes before you struck me.
The Prisoner—You beat me on the head, and
here is the mark.

The Judge to the Witness—Was there a mark
on the prisoner's headT—Yes, my Lord, but I can't
account for it except it was when he fell against the
bulkhead.

By the Judge—What ii it put on for ?--For re-
fractory conduct. _ _

By the Judge—ls it to inflict pain ?—No, my
Lord.

The Judge—But do you think if you had this on
with your hands confined in that position it would
not cause pain. I suppose these handcuffs are not
padded ?—N.), my Lord.
Mr. Coleridge—l understand, my Lord, that
this is sanctioned by the Secretary of State, and
reported every fortnight.
The Judge—l am not aware of any act of Par-
liament to justify the Governor or the Secretary
of State to inflict such a punishment.
Witness—The body-belt is put on by order of
the Governor. I have known a prisoner have it
on for six weeks. I don't know that I have tried
it on myself. It is only sufficiently tight to pre-
vent their slipping it off.
The Judge asked for some Act of Parliament or
regulation to justify this treatment.
Mr. Coleridge said he knew nothing of it except
what he read in his brief, because the briefs were
seat from London, ;and no one here knew any-
thing about it,

The Judge said it was clear that there ought to
be some inquiry before ajudge, as there was no act
that be knew of.

The prisoner, when called on for his defence,
said he wished to ask for mercy.

The Judge, in summing up, said they must be
careful to see that the parties had not brought this
act upon themselves, and had not exceeded their
authority. Of course warders must be rrotected.
The ques'ion, however, was what was the intention
of the prisoner at the time he inflicted the blow ?
He could not help saying that as far as he knew the
law, an instrument of that kind should not be put
on if the object was to give pain, or inflict punish-
ment in that way. It was said that this was con-
and approved. They
shiadderheedartod btehea pdreosepreirptmi
eo
nd e ,
of
the instrument—he
owned ho was not aware of any law that justified
its being put on.
The jury found the prisoner guilty, with intent
to do grievous bodily harm.
The Judge, in passing sentence, said he found
the prisoner had been twice convicted of felony,
years'
penal servitude.
n, where ho had
alined
hhaadd
bbeeee
an si
ne nat enneeretdb
et or
n 4 ar
conducted himself in an orderly manner ; he had
then been taken to Alillbank, where he had not acted
properly ; he had then been removed to Dartmoor
Prison, where his conduct had been very bad, al-
though he had then been drawing towards the end
of his sentence. He had this belt put upon him,
which was said to have been approved as a means
of restraint, and although he was at first inclined
to take a different view of it, yet he was not now
prepared to say that it was anything more than a
means of restraint. No doubt it was necessary,
where there were so many convicts, that severe
means should be adopted.

The Prisoner—My LOrd, he beat me. for five
minutes before I did anything.
The Judge—l protest that
„if I thought a hair of
your head had been unnogessarilf touched I would
not have given you a dayhf punishment, but I be-
lieve the evidence that his bean given. I should
nog do my duty if I did nA order you to b 3 kept
in penal serViindo for 14 years.

CRIMINAL COURT.—Dec. 15.

THIRD COURT.

Ann Alexander, 38, married, was indicted for
marrying John Wilkinson, her husband being then
alive.

In this case it appeared that about 14 years ago
the prisoner left her husband, Thomas Wm. Alex-
ander, a short time after their marriage, and went
with Wilkinson to America, and previously to doing
so married him, he (Wilkinson) being at that time a
married man.

There baing no evidence to prove that the pri-
soner was the woman named in the certificate, the
jury acquitted her.

John Wilkinson, 45, shoemaker, was then in-
dicted for feloniously marrying the woman Ann
Alexander, his wife Francis being thou alive.
In
to identify the prisoner as being the man whose
marirliathgeisas in- the former, thero was no wit-
ness
the case,ertificate mentioned, and he was also
acquitted.
Thomas Wm. Alexander, 49, shoemaker, the
other husband of Ann Alexander, was then indicted
for feloniously marrying
Rebecca Collard. Sayers.
The prisoner pleaded guilty.
Mr. Brooke prosecuted, and said that the case,
although singular, was not one calling for severe
punishment, as the prisoner, no doubt, thought
that the woman Alexander, whom the Court had
tried, was not alive when he contracted the second
marri rge, which he did in 1850, at Faversham,
Kest. His first wife had left him 15 years ago for
the man Wilkinson.

The Common Sergeant said that tho conduct of
the first wife and Wilkinson was most disgraceful.
The prisoner's conduct was not so bad, and he should
sentence him to one month's imprisonment.

OLD COURT.

(I3efore Mr. Justice Erie and Mr. Justice Crowder.)

onAuGs OF RAPE.

Joseph Drake, a milkman, was indicted for a rape
upon Alice Toomes, a child about ten years of age. The
facts of this case have already appeared in The Sun. J
will be recollected that the prisoner kept a dairy, and
the child had been hired to attend to the business during
the absence of the prisoner; he afterwards made arranae-
merits for her to sleep in his house, and during this time
the offence with which the prisoner was indicted was
alleged to have been committed.
The jury found the prisoner guilty, and he was se■
tenced to 15 years' penal servitude.

MIDDLESEX SESSIONS—Dec. 16.

The December general sessions of the peace for
the county of Middlesex commenced this morning
at Clerken well before Mr. Pashley, Q. C., Assistant-
Judge, and a full bench of magistrates. There wore
51 prisoners for trial-45 for felony, and six for
misdemeanour.

After the grand jury had retired to their room,
Mr. Cooper, the senior member of the bar pre-
smt, congratulated the learned Assistant-Judge on
resuming his seat after his severe illness, and ex-
prt ssed a hope that lie would soon be restored to
perfect health.
James Lane, 32, pleaded " Guilty" to au indict-
ment, charging him with embezzling various sums
of money, received by him on account of Messrs.
Jude, Coope, and Co., his masters.
Mr. F. Ji. Lewis appeared for the prosecution,
and recommended the prisoner to mercy, on the
ground that he had been in the service of the pro-
secutors 12 years, during which time, had he been
so disposal, he could have appropriated sums of
money far larger than those ho was now charged
with having embezzled.

Mr. Poland, for the prisoner, said it not be dis-
puted that the sums in question had been received,
and not accounted for. The prisoner had been
traveller to the prosecutors, who were brewers, and
his income was made up of 10s. per day for expen-
ses and a commission upon orders. Having to call
at ma,uy public-houses in the course of business he
had indulged in expenditure beyond his proper
means ; but the money he bad not accounted for he
certainly would have replaced had he not been
called upon in the sudden manner he was.

The Assistant-Judge said, he would consider
what the sentence ought to be.
George Jones, 32, pleaded " Guilty" of having
feloniously broken and entered the dwelling-house
of Thomas Ashley, and stolen a watch therein. He
was sentenced to nine months' hard labour.

Thomas Maynard, 13, pleaded" Guilty" of steal-
ing a horse, cart, and a quantity of sugar, the pro-
perty of Peter Boweu and. another. Sentenced to
18 months' hard labour.

William Hurndall, 21, was convicted of stealing
a mare, value 61., tho property of Joseph Stokes.
The Court sentenced him to 12 months' hard
labour.

Johu Roberta, alias Rawley, 62, was convicted of
stealing five silver spoons and other articles, the
property of E. H. Bradley. Sentenced to 18
months' hard labour.

Mr. Creasy presided in the Second Court, and
disposed of several cases of simplo larceny.

•
Names of P: Dividendt Names of Dividend
Companies. A ; per
.;:; Annum.
/2 Annum. 43
---- -
£I X
Ashin &Oldh 98 71. p. ct. Peak Forest. 78 5/. Os.
Birmingham 40 41. 8834 'lle4eut's• ••• 3G 17s. 16
Coventry..•• 100 111. 190 ;Rochdale.... 85 41. 80
Derby .••• •• iOO 61. 15s. Stflrd &Wor, 140 281.
GrandJunctn 100 21, pr. ct. 49% Stoarbridge. 145 121. 10s.
Do., 6 pr. Ct. 10 61. pr. ct. Severn and
Grand Union 100 7s. Gd Wye Rail. j 26 11. 16s•
Kennt &- Avn 40 Gs. 6!y Warwick & 1
Leeds &Livrp 100 251. 501 Birming. j 100 21. 24
Leicester.... 100 51. Warwick & I 9
Leicstr &Nth 83 11.55. 13 Napton.. 3 100 21'
Loughborogh 143 701. Worcstr &i
78 10s. 1634
Macclesfield. 100 21. 10s. Birming.
Neath .. •• •• 100 161. Wilts & Brkr 7s. Od.
Oxford.... •• 100 106