The Sun.
London, England, 1850-02-27 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN ClRCUlT.—Curlisle, Feb. 25.
CROWN COURT.—(Before Mr. Byron ALDERSON.)
Joseph Hogg and John Aiehol were indicted for the
wilful murder of Thomas Davidson on the Bth of No-
vember last.
Mr. Sergeant Murphy, Mr. Matthews, and Mr. Hodg-
son appeared for the prosecution; and Mr. James and
Mr. Overend for the defence.
Mr. Sergeant MURPHY having opened the case, in the
course of which his Lordship announced that he should
admit the depositions of a man named Andrew Turn-
bull, charged, along with the prisoners before the co-
roner, with the murder, the following evidence was
given:—

Margaret Davidson, the widow of the late Thomas
Davidson, who lived at Kirtle Hall. stated that on Thurs-
day morning, the Bth November last, her husband left
home to attend to his duties as game-watcher for Sir J.
Graham. He bad received 71. in money on the sth,
three Scotch notes, two sovereigns, and 2/. in silver; of
this he gave her son two Sootch.notes, and paid away
IL Bs. He had his stick and plaid with him, no gun.
She never after saw him again alive. Her husband's
body was brought home on the Saturday following.
John Armstrong, the gamekeeper of Sir J. Gra-
ham, stated that the deceased was one of his watchers.
He called on him on the Bth of November, and he
was out watching. He called next morning and
found he had not got home, and he went in search of
him on the south of Skelton-pike. He did not find
him that day; and the day after about a score of per-
sons went in search of him, and an alarm was given
that his body was found. He saw it in a cart at the
deceased's own door. Doe Craig is a favourite place
for poachers. He made an examination there on the
15th, and traced some footmarks on the west of Doe
Craig. There were some about a mile from Wire's
Fold, where the body bad been found. Those footmarks
were compared with some shoes the policeman after-
wards had. On Thursday, the Bth. he heard a gunshot
about ten o'clock. After the body was brought home
he searched it, and found a purse, and in it a 11. note, a
pocket piece resembling a shilling, six crooked six-
pences, and two farthings and a half-farthing. He un-
dressed the body, and found it black about the neck, and
a nail mark in the front of the neck, and the shirt-neck
was torn.

Matthew Patterson, surgeon, stated that on Sunday,
the 11th of November, he examined the body of the dt-
ceased at Kirtle Hall, his residence. In his judgment
deceased had died from strangulation. Had his neck-
cloth been twisted tight round it would have produced
all these effects.

Joseph Gallagher, turnkey, proved that Andrew
Turnbull committed suicide in the gaol on the 28th of
Nov., the day after he was committed, and a coroner's
inquest was held upon him.
Cross-examined by Pttr. JAMES—The came morning
that he committed suicide he was told that be was com-
mitted on the coroner's inquisition for the wilful murder
of Davidson.

Wm. Carrick, the coroner for the district, produced
two examinations before him of the deceased Andrew
Turnbull, on the inquisition on the deceased, Davidson.
He was sworn on each occasion, and the deposition
wade was in answer to questions. He was told he was
not bound to answer any thing that would criminate
h

mself. On the second examination neither of the pri-
soners were present. On the first occasion Joseph Hogg
was present.
His LORDSHIP said it was not well to ask questions of
persons accused. Nivea just the difference between the
French and English law; and they were not going to
introduce the French law into Cumberland.

The depositions of Andrew Turnbull were then put in
and read. The second deposition stated that on the
morning of the Bth of November last the two prisoners
called at his house between seven and eight o'clock,
whilst be was in bed, and asked him to go out shooting
with them to Doe Craig; it was a misty morning, and
Davidson would not be out watching. He got up
and went with them. On their way the prisoner Hoge
said to him, "If we light on Davidson we will
just put an end to him; tlou wilt help us." He said
he would not stain his hands in another man's blood, but
that he would not tell if they did. They fired at some
birds, and as they were turning down to Wire's Fold, he
locked back and said, " Ali, here is Jim coming." Ni-
chol said, " Curse him, he is." They then al! ran, till
Nichol cried, " Stop, I will shoot him." Deponent said
he would not alp, and Joseph Hogg then threw down
his gun and took off his jacket and made a rush at Da-
vidson. Davidson said, "Be quiet, Joe, you know the
worst on it Hogg got hold of his stick and twisted it
out of his bands, and Davidson again told him to be
quiet. Hogg then seized him by the neck and threw
him down, and Davidson cried out, " Thou won't
murder me, wilt thou?" Hogg said "He deserved it;
be was only a ba'l thief at best." Hogg then gripped
him by the neckcloth and called on Nichol to help him,
and they did it between them, and turned him over on
his face. They then said it was all one now; be might
have motley on him, and they might as well have it, and
they took his purse out of his inside waistcoat pocket,
and took out of it three sovereigns and three half-
crowns, and put back the purse with a Scotch note in it
and some silver.

The depositions of Nichol and Hogg before the coroner
were then put in and read, and they denied knowing
anything of the murder.
Jemima Turnbull, the widow of the deceased prisoner,
stated that both the other prisoners came to her hus-
band's house between seven and eight o'clock in the
morning, and he was lying in bed. Nichol spoke
first, and bade him get up. Joseph said they were
going out to shoot, to Dee Craig. Joseph put powder
in
.his flisk. and shot in his bag. They all three
after breakf4st went out of the house over the field.
Her husband returned that evening about seven o'clock
alone.

It waE shown also that money corresponding in amount
and kind with that taken from the deceased, was found on
the prisoners.

The evidence having been gone through,
His LORDSHIP asked the jury if they required Mr.
James to address them for the prisoners ?
The jury were cf opinion that the evidence was not
conclusive against the prisoners, and found them Not
Guilty.

NISI PRIUS COURT.—(Before Mr. Baron ROUE.)

GRIEVE (ADMINISTRATRIX) V. MILTON.
This was an action, brought under Lord Csmpbell's
Act, by Mrs. Jane Grieve, widow, to recover compensa-
tion for the death of her husband, which was alleged to
have been caused by the negligence of the defendant, as
county bridge surveyor, in leaving a heap of stones on
the high road near Wigton, by means of which her
husband's gig was upset and he was killed.
Mr. Temple, Mr. Otter, and Mr. Laurie appeared for
the plaintiff; and Mr. Atherton and Mr. Hodgson for
the defendant.

The jury returned a vcrdict for the plaintiff for 3001.,
half of it to be divided amongst the children of the
plaintiff.

POLICE IN TELLIGENCE.
GUILDHALL.
This being the day for hearing further evidence
against Joseph Solomon, of, No. 3, Little Britain, the
court was crowded by peraons anxious to ht ar the pro-
ceedings.
Mr. Nicholls, from the office of Mr. Lonsdale, solicitor,
appeared, by the instructions of Messrs. Crockfords, of
St. James't-street, on behalf of the four brothers of the
girl, to have the case thoroeghly investigated—one of
the brothers being in their service. Mr. Robinson,
solicitor, who attended in the first instance to defend the
girl, and afterwards to prosecute the charge of violation,
was also present; and Mr. Lewis, the solicitor, attended
to defend Joseph Solomon.
The case being called on,
Mr. Lewis said that he hoped the Aldeman would re-
mand the case until to-morrow (Wednesday), as his
client was very ill, and had left town under the impres-
sion that be would not have to appear until the 27th.
Alderman FAREBROTHER—How long has be been out
of London? Mr. Lewis—Four or five days, I believe.
There was one thing, however, he hoped, and that was
that his client would not be subjected to continual re-
mands, unless further evidence was adduced; and if such
was nut the case, that he should be discharged.
Alderman FAREBROTHER:Said that the Alderman sit
ting on'tho last occasion gave a very wise decision, and
that if he (Alderman Etrebrother) lived for forty years
to come, until the girl was produced he would remand
from week to week until she did appear. Ile should
wait until twelve o'clock for the appearance of the de-
fendant.

At this moment a female named Alice Cock, of No. 5,
Devonshire-street, Dog-row, IV hiteehar el, hero pre-
sented herself and applied for the Alderman's interfer-
ence for some wages due to her daughter, who was re-
cently discharged from prison, after having suffered four
or five months' imprisonment, in consequence of a charge
made by Mr. Solomon. At the time she was commit-
ted for trial the sum of one pound was due t) her,
which Mr. Solomon refused to pay. She proceeded to
allege that the charge against her daughter was made
in the same spirit as the one made against the girl
llarusworth ; that Mr. Soloinons had taken great
liberties with her daughter, and upon applicant com-
plaining, ac a mothar aught to do, to Dim Solomon,

and telling her she must take away her daughter in
consequence of the very gross conduct of her son, she
replied that her son was a very different sort of cha-
racter, and the matter should not end there. The next
day her daughter was given into custody for stealing a
vietorine which she had worn in the house, and was
going out on a message with it on her shoulders without
any intention of stealing it. The consequence was, her
committal f,,r trial and punishment.
Mr. Lewis hoped the Alderman would not listen t) an
er parte statement of this kind.
Alderman FAREBROTHER said that he had not the
pleasure of knowing the defendant, but ho appeared to
be a young gentleman who had been carrying on this
game for some time. The Alderman referred the ap-
plicant to the Sheriffs' Court, but
Mr. Lewis paid the amount, and the applicant left
the court.
The hour of twelve o'clock having arrived,
Alderman FAREBROTLIER asked if the defendant was
present?

- Mr. Lewis said be must only repeat his application t
postpone the case until the following day, as both he and
his client laboured under a mistake that it was fixed for
Wednesday, and, therefore, his client being very ill and
in the country, could not attend that day.
Alderman FAREBROTHER asked the Chief Clerk what
was the date on the recognizances when the defendant
was to appear?
The Chief Clerk said the recognizances entered into
stated that he was to appear on Tuesday, the 26th. His
minute-book corroborated that, as well as the sitting
Alderman's book.

Alderman FAREBROTLIER directed that Mr. Solomon
should be called on his recognizance, or he would give
time for him to be fetched.
_ _

Mr: Lewis could not fetch him.

Alderman FAREBROTHER, after the usual ceremony
of calling upon the parties to appear on their recogni-
-mien, and no answer having been received, ordered
them to be estreated, the amount being—the defendant
2001., and his two sureties in 1004 each.
Mr. Lewis said it was through an inadvertent error of
supposing the day was Wednesday instead of Tuesday,
for his client to appear,
The Chief Clerk observed that Mr. Lewis called on
Monday, and was corrected as to the mistake, and shown
the book where it was set down for Tuesday.
Alderman FAREBROTHER' said he knew nothing of
inadvertencies, but it was sufficient for him that the
defendant was served with a paper, and therefore there
was an end of the case.

Mr. Lewis said he hal now to ask that which was
usually granted in courts of Jaw, that the recognizances
should not be estreated until the defendant had shown
a reasonable cause for his non-appearance that day.
Alderman FAREBROTHEA declined doing so, but said
if all the parties were in attendance to-morrow, be
would go into the case.
Mr. Lewis said he was satisfied, and that Mr. Solo-
mon would attend at the appointed time.

FATAL ACCIDENT ON THE LAN-

CASTER AND CARLISLE RAILWAY.
On Thursday morning, the 21st instant, as a
party of gentlemen, who had been attending the
Westmoreland Assizes, were anxiously waiting at
the Penrith station for the down London mail,
which was a considerable time over due, the
whistle of the engine announced its approach,
and the cause of delay was speedily made known. It
appeared that whilst about fire miles from Penrith
the train was proceeding on its journey at the usual
rapid pace, when it suddenly came upon a man
named James Laidlaw, who was employed to
keep the line clear, and through some inadvertence
did not get off the rails in time, and the
consequence was that the engine struck him upon
the chest, throNting him forward a considerable
distance. As soon as the train could be brought
to a stand-still the engineman (a very experienced
driver) reversed the wheels, and returned to
the spot where the unfortunate man was lying.
He was taken up insensible and placed in the lug-
gage van, and on the arrival of the train at Penrith
was left at the station, and medical assistance imme-
diately sent for. Such were the injuries he had
received, however, that there is not the slightest
chance for his recovery. It so happened
that Mr. Carrick, the coroner Cr this :divi-
sion of the county, was on the platform when
the mutilated body of the poor rapq was carried
into a temporary building, and from Ois appear-
ance he had too much reason to fear that
his melancholy office would be called into requi-
sition. Since its opening this line has been
extremely fortunate in its exemption from acci-
dents of almost every description, and in this
instance it seems that no one is to blame but the
sufferer himself. Our Penrith correspondent sends
us the following account of the accident, since writ-
ing which he adds that the poor man is dead :
On Thursday morning last James Laidlaw, one of
the men employed by the Lancaster and Carlisle
Railway Company to keep the line clear of obstruc-
tions, was proceeding as usual on his beat towards
Hugh's Cragg Viaduct, about the time when the
mail train was due from the south. A great quan-
tity of rain had fallen during the night, and the morn-
ing was very tempestuous. At one place the water
had formed a pool between the rails of the down line,
and Laidlaw as he was passing stopped to make a hole
beneath one of the rails with his walking stick, so as
to allow the water to run out. In the meantime the
wind made such a noise as to prevent Laidlaw from
hearing the mail train, which was approaching at the
moment. The consequence was the buffer of the en.
gine knocked him down. Ile was awfully cut and
shattered by the shock ; but as he fell between the
rails, though the whole train passed over him, he was
not touched by the wheels, otherwise he would have
been killed on the spot. The engine driver stopped
the train and took him up. He has endeavoured to
speak since the accident occurred ; but his case is at
present, to all appearance, hopeless.
Thursday, Four P.M.—Since the above was written
Laidlaw has expired.—Carlisle Patriot.