The Sun.
London, England, 1850-10-24 00:00:00

A SCENE AT SESSIONS.

At the Cambridgeshiie sessions, which terminated
on Saturday last, before the Hon. Eliot Thomas
Yorke, M.P., chairman, and a full bench of magis-
trates, the following curious scene occurred after the
trial of one Henry Barlow, on a charge of stealing
a hen, the property of a magistrate, the Rev. E. Law,
of Orwell.

The facts of the case were, that one of the prosecu-
tor's servants having heard a noise made by a hen
rearing partridges in a pit, went to ascertain the cause,
and saw a man (Barlow) lying in it. tie quietly shut
down the glass, and went and fetched a fellow-servant.
On their return they dragged Barlow (who either was,
or assumed to be, asleep), out, and then found the
body of the hen in one place, and the head, which
had been pulled, and not wrung off, in another.
The prisoner's counsel (Mr. Naylor) submitted
that the felonious taking was not proved, and on this
being overruled, he argued that it could only be con-
sidered a case of trespass, for the purpose of sleeping
in a warm place. If the man had intended to steal,
he would have taken the hen out of the coop. This
was more the freak of a drunken man, to prevent the
hen, by her cackling, betraying his resting-place.
The prisoner might be punished, but not as a felon.
The Chairman having summed up, the foreman of
the jury delivered as the verdict, " Guilty of a tres-
pass on Mr. Law's premises with a felonious intent,
and of pulling the head off the fowl."
The Chairman—lt is necessary fur you to consider
whether the prisoner is guilty of the stealing, taking,
avi carrying away this fowl.
Foreman (after consulting)—Not guilty of stealing.
The Clerk of the Peace inquired, in the usual
form, if that was the unanimous verdict, and there
was no dissent.

The Chairman—l am informed that there is one
gentleman on the jury who will not find a •erdict of
guilty under any circumstances. Mr. Carter, you
may leave the box ; such a person ought not to take
an oath.

Mr. Carter then left the jury-box, exclaiming,
" Why, I was the only one who was of a contrary
opinion to the verdict."
Mr. Metcalfe (for the prosecution)—There is some
mistake. Let that juryman come back.
Mr. Naylor—l protest against it. The juryman
has left the box. If he ought not to have been there
he ought not to return. The jury have returned a
verdict, and been asked if they were unanimous.
The Chairman then recited the points of the case
again,

Foreman—We find the prisoner guilty of a tres-
pass in pulling off the head of the fowl.
Mr. Naylor—That is again a verdict of not guilty.
The Chairman—You must say whether the pri-
soner is guilty. Did he take the fowl from the
ground ? I cannot allow the ends of justice to be
perverted.

•
Foreman—lf you say that is sufficient, we say that
he Is guilty.
Chairman—You must not put your,verdict on me.
Mr. Naylor—l. again protest against these proceed-
ings; this is not justice.
Foreman (being asked by the Chairman, with
vehemence)—Guilty.
This verdict was then recorded.

Mr. Naylor—l apply for a case on the practice.
Will the court grant it ? Chairman—Certainly not.
The prisoner was sentenced by the chairman to
ten Sears' transportation (a previous conviction
having been proved). Ills sister immediately set off
on foot for Loudon with the ostensible design of
soliciting the judges for a pardon.

THE LATE BURGLARY AND
OUTRAGE AT BIRMINGHAM.
BIRMINGHAM, OCT. 23.—This case, the hearing of
which has been from time to time adjourned, in con-
sequence of the precarious state of Mr. Marston, the
gentleman attacked, has occupied the attention of the
magistrates at the public office for a considerable por-
-ticn of this day. The residence of Mr. Marston—the
scene of the outrage—is situated in Great Hampton-
street, one of the principal thoroughfares of Birming-
ham, and the main outlet from the centre of the town
to the districts of South Staffordshire. It is a large
double-fronted house immediately contiguous to Li-
very-street and Constitution-hill, and adjoining the
residence of Mr. Hollins, the sculptor.
The magistrates on the bench to-day were Dr.
Melson and Mr. Charles Shaw, and from the notoriety
of the case the court was densely crowded throughout
the investigation. Mr. Marston, on entering, ac-
companied by two members of his family, was, in con-
sequence of weakness, accommodated during the in-
quiry with a seat at the attorneys' table.
Five prisoners were placed at the bar charged with
being implicated in the burglary, and the deadly
assault by which it was followed. Their names are
Christopher Healey, Joseph Marshall, William Wal-
lace, Elijah Wareham, and John Smith. No evilence
was adduced against the last-named three prisoners,
and they were discharged. Healey, by trade a work-
ing jeweller, is a nephew of Mr. Marston, the prose-
cutor. The trade of Marshall is unknown, but be
has some reputation as one of what is vulgarly termed
the " light weights" of the prize ring. They are
both known to the police as thieves.
Mr. Tyndal, jun., solicitor, appeared for the prose-
cution ; and Mr. T. Harding for the two prisoners.
Mr. Marston, being sworn, deposed as follows :
I am a gold beater, living in Great Hampton-street,
in this town. My counting house and warehouse
communicate with my house by a doorway. The
counting-house door opens on to the staircase, oppo-
site my bedroom door. During the night I always
leave my counting-house and bedroom doors open,
and between the two doors a gaslight burns the whole
night. There is a closet in my counting-house, and
at the top of it a trapdoor, which is always kept
nailed up. That trapdoor leads through the
ceiling to the roof of the building. On Saturday,
the sth instant, I remember going through
the counting-house into the warehouse after the
men had left work. On my return I bolted
and barred the door communicating between the
counting-house and the warehouse. Everthing was
then safe, and the ceiling of the warehouse unbroken.
My bedroom window overlooks the roof of the ware-
house, and I can see it as I lie in bed. If there had
been any hole in it on the Sunday I should have been
certain to see it. There was no hole in it on that
day. I went to bed about a quarter before ten o'clock
on the Sunday night, and left my bedroom and count-
ing-house doors open as usual. The gas was burning
between the doors of the two rooms. Immediately
before going to bed I went into the counting-house.
Everything was then safe, and the door between the
counting-house and warehouse fastened, as usual.
About half-past two on Monday morning I fancied I
heard a noise on the premises. I sat upright in bed
several times and listened, but the wind being very
boisterous, I concluded the noise arose from that
cause, and went to sleep again. I afterwards heard

the clock strike two and three, and, I believe, four
o'clock. When I awoke shortly after four I noticed
that there was not nearly so much light in the bed-
room as there ought to be, and I not out of bed. I found
the lkdroom door three parts shut. I opened it and
looked down stairs. I saw a man at the bottom with a
dark lantern in his hand. He was crouching down and
entering the dining-room. I immediately went down
stairs and pushed the dining-room door open with my
right hand, when out sprang two men. I turned
round, having nothing with which to defend myself,
and went quietly up stairs. The men followed close
behind. When I got to the top of the stairs I was
struck a heavy blow on the knee, which made me fall
against the banisters. I instantly wrenched one of
the rails out of the banisters, anti began to defend
myself. Both the men were on me at the time. I
received several violent blows on the head, which pre-
vented me making any better resistance. I cannot
tell what weapon the man on the left side had, but the
man on the right had a poker. I had a slight glimpse
of the man on the left, but the one on my right I saw
very distinctly.
Mr. Tyndal—Look at the prisoners, and say whe-
ther you can identify one or both of them ? The pro-
secutor—l believe Marshall to be the man on my
right hand, who had the poker.
Mr. Tyndal—Which is the person whom you
believe to have been on your left hand ? The prose-
cutor—l believe Healey to be the man, but he leant
so much over me that I had not a distinct view of him.
Mr. Gem (magistrate's clerk)—Had you ever seen
either of the prisoners before ? The prosecutor—l
think I saw Healey the Thursday before at the
bottom of my yard, but I will not speak to him posi-
tively. The two men on the staircase escaped over
me, and I immediately went down stairs and let the
police in.
Cross-examined by Mr. Harding—Healey, I be-
lieve, is my nephew. I am pretty sure he is one of
the men. I judge by his figure, his trousers, and the
way he leant over me. I thought by the gaslight his
trousers were more of a drab colour. (The prisoner
in the dock wore light green trousers.) I had not
seen Healey for years, and I had no means of recog-
nising him on the morning in question except from
the slight view I had of his person. I saw him seve-
ral times over me as I was parrying his blows, but I
could not catch so clear a view of him as I did of the
other man.
Mr. Harding—You say you had reason to judge
that Healey was one of the men, because his trousers
were of a dark drab colour ? The prosecutor—l did
not believe him to be one of the men simply because
he wore dark drab-coloured trousers, nor did I say so.
Mr. Harding—What, then, was there with respect
to his trousers which led you to believe that Healey
was one of the men ? The prosecutor—What I meant
to say was, that the man had on what I thought to be
a dark-coloured pair of trousers.
Mr. Harding—What was there in his figure by
which you knew Healey to be one of the men ? The
prosecutor—l observed him to be a very young man.
Mr. Harding—Was his face coloured ? The pro-
secutor—l believe it was, but not so strongly as that
of the other man. I thought from his face, as well as
his figure, that he was a young man. I did not ex-
amine his face, but I saw him sufficiently.
Mr. Harding—You did not positively recognise the
face of your own nephew ? The prosecutor—l
did not.
Mr. Harding—You say he leant over you ; de-
scribe what you mean. The prosecutor—Every time
he struck me I parried the blow, and be seemed to
crouch to conceal his face, so that I should not get a
good sight of it. _

Mr. Harding—Perhaps he succeeded in that ? The
prosecutor —I saw his face several times.

Mr. Harding—ln point of fact, the leaning over of
the man was no reason why you believe Healey to be
that person ? The prosecutor—No, certainly not;
but now and then I got a sight of him.
Mr. Harding—l suppose you were somewhat ex.
cited and alarmed, were you not ? The prosecutor—
I was quite collected, except for half a minute, when
I received the blow on my head from the poker. It
was after that that the men made their escape. I had
previously received several blows on the head.
Ann Thompson—l am servant to Mr. Marston.
On Thursday, the 31 October, I observed three men
inside my master's gates, and Healey was one of
them. About a month previously, on a Sunday, I
believe, I saw the same three men in the same place
in my master's yard. The man who rents the stable
was with them. On the Sunday morning, about six
weeks ago, one of the men spoke to me. Healey was
the man, and he is one of the persons I saw on the 3d
of October. On Saturday previous to the burglary I
cleaned my master's plate. I placed it in the drawers
in the breakfast-room. The creamjug and sugar-
basin produced were part of the plate. On the Mon-
day morning, soon after four o'clock, I was awoke by
Mr. Marston's screams. I found the plate on the floor
by the drawers in the breakfast-room.

Cross-examined by Mr. Harding—l did not see the
men in the yard, the first time, for more than half an

instant. I got away as fast as I could, for one of them
spoke very rudely to me. I believe that man to be
Healey. He had a coloured waistcoat, and a little red
in his handkerchief. I do not recollect any more
about him. The men I saw agai❑ on the 3d of Octo-
ber I believe to be the same men, es they were very
hke them ; they stood in the same place and position
as they did before. On the second occasion I did not
observe them particularly.
Mr. Harding—Now, I ask you, do you believe
that on that second occasion, the 3d of October,
Healey was one of the men ? Witness—l do believe
that he was one of the men I saw on the second oc-
casion.

Mr. Harding—Now, why do you believe that
Elealey was one of the men? Witness—By the way
he stood on the first occasion.

Mr. Harding—Did Healey stand in any particular
way on the 3d of October ? Witness—He did not.

Sir. Harding—What do you mean, then, by saying
that you believed Healey to be the man, from the
particular manner in which he stood when you thought
you saw him a month previously ? Witness—l
believe it was the sacne man.

Mr. Harding—You have sworn in your examina-
tion that Healey was one of the men you saw in the
yard on the 31 of October. Is that true, or is it
not ? Witness—From the way in which he stood,
and from what I saw of him, I believe he was one of
the men.

James Baker, police•constable 37—On the morning
of the 7th of October I wad called to Mr. Marston 's
house by cries for help. I entered by the front, and
went upstairs and found a hat between the roof and

the ceiling. The ceiling and the roof of the ware-
house were broken open.
Mr. Caswell, hatter, deposed that he sold the hat
produced eight or nine months ago to the prisontr
Healey. A little before last Birmingham fair Healey
brought the hat to be cleaned, and he fetched it away
about three days afterwards.
Cross-examined by Mr. Harding—Whatils there
particular about the hat which enables you to know
it ? Witness—There is nothing peculiar about it,
but I know the hat by its size and general appear-
ance. I cannot tell how many similar hats I have
sold within the last eight or nine months, but not
above 30.

Mr. Harding—How do yqu know that you sold
this particular hat to this particular man ? Witness—
During the last eight months I have had about one
gross of these hats from the same manufacturer, and
this was one of that gross.
Dr. Melson—Where his the man who cleaned the
hat ? Witness—His name is Adams, and he is in
Ton k-street.
Dr. Melsom—Let him be sent for.

Witness—l knew Healey well, and have sold him
caps as well as hats. Out of the gross of hats I have
purchased within eight months there were five or six
of the size produced, and I am quite sure that he had
one of them. I can swear to its being the hat from
the circumstance of the prisoner bringing it to me to
be cleaned. The maker is Cooke, of Denton, and he
may certainly have sold hats of a similar kind to other
hatters in Birmingham. I took the hat to George
Adams to be cleaned.

Re-examined by Mr. Tyndal—When the hat was
brought back from Adams, did you observe anything
particular about it ? Witness—Yes, there was an
old lining in it instead of a new one. I lifted up the
leather and saw the names of "Downes" on the in-
side of the lining. Tnat name was on the lining
when 1 gave the hat back to the prisoner.
By Mr. Harding—l removed the lining for the
purpose of seeing that it was properly done.
Mr. Harding—Now, upon examining the lining,
tell me if you can find the name of " Dowries" upon
it now ? Witness—No; upon further examination I
find it is the name of "Bowen." To the best of my
belief the hat I gave to Adams to be cleaned and
afterwards returned to Healey had on the inside of
the lining the name of " Downes."
Mr. Tyndal said this was the only evidence that he
was prepared to bring forward at present. There
was other evidence which could be produced on a
future occasion, but possibly the magistrates might
consider that there was sufficient to justify them in
committing the prisoners for trial.
Mr. Harding contended that the evidence was ex-
tremely slight against both prisoners. There was
none against Marshall except that of Mr. Marston
himself; and that affecting Healey was so isconclu-
sive and inconsistent that he (Mr. 'Harding) did not
think the Bench would feel it to be their duty to com-
mit the prisoners to the assizes.
Mr. Shaw said they bad determined to send both
the prisoners for trial.
Chief Superintendent Stephens—Other evidence
will be produced at the assizes.

Mr. Harding—And I shall then complain that we
have not had an opportunity of hearing it. What
amount of bail will the Bench accept for Healey ? It
is a long time to the assizes.

Mr. Shaw—You must apply to a higher court if