The Sun.
London, England, 1850-03-21 00:00:00

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rrHE SOCIAL CONDITION and EDLICA-
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ASSIZE IN TELLIGENCE.
NORTHERN CIRCOIT.—York, March 19.

NISI PItIUS COURT.— (Before Mr. Baron
ALDERSON.)
BRAITHWAITE V. J. AND R. CRAWSEIAW. .

This case came on yesterday, and occupied the
greater part of to-day.
The action, which was tried before a special jury,
was brought to recover the value of the plaintiff's
services as an engineer in valuing the work done by
the defendants as contractors on the York and North
Midland Railway.
Mr. Knowles, Q.C., Mr. noggins, Q.C., and Mr.
Carrie, appeared for the plaintiff; and Mr. Martin,
Q.C., Mr. Atherton, and Mr. Jones for the
defendants.clants.

It appeared that the defendants were contractors for
executing a large portion of the York and North Mid-
land Railway line, and that their account against
that company was referred to arbitration. In order
to establish the quantity of work done before the arbi-
trator, the plaintiff, an eminent engineer, was retained
to measure the number of cubic yards of earthwork
executed by them. The plaintiff was engaged for
several months in the year 1848 in this estimate, but did
not complete his survey and calculations when required
nor until two months after it was wanted before the
arbitrator, and, according to the defendants' case, it
was on that account valueless. Another surveyor and
engineer, named Killington, was engaged to calculate
the work done, and he finished his estimate two
months earlier, in ample time. Mr. Billington's esti-
mate of the work done by the defendants amounted
to 832,000 cubic yards. The plaintiff's estimate when
sent in was that the work done " would not be less
than 742,000 cubic yards?' Mr. Billington's esti-
mate was assented to by the engineer of the company
as correct, the difference in the price of the labour
done by the two estimates being, according to the
statement of the Learned Counsel for the defendants, at
least 10,000/.,which the defendants would have lost by
the plaintiff's estimate. For the plaintiff it was con-
tended that his estimate was rejected because it was
b=low what the defendants claimed. The total
amount claimed by the plaintiff for his services was
2,0021., of which sum 6501. had been paid on account.
His LORDSHIP having summed up the evidence,
The jury, after a long absence, found a verdict for
the plaintiff for 9071. 125., being 4501. less than the
amount claimed.

CROWN COURT.—(Before Mr. Baron ROLFE.)
John Battye was indicted for wilful and corrupt
perjury at the last Spring Assizes.
Mr. Hall and Mr. Pickering appeared for the pro-
secution, and Mr. Overend and Mr. Hardy for the
prisoner.
It appeared that in April, 1848, Mr. James Brad-
ley, an attorney at Leeds, had an execution issued
against him, which was executed by the sheriff of the
county and his bailiffs, and it was alleged that the
prisoner, one of the bailffs, under the writ of fi. fa.
then issued, improperly broke into Bradley's office
and took possession, and in consequence an action of
trespass was brought against the sheriff and his
officers, in which actin the prisoner gave evidence,
and stated that he, in company with the sheriff's
officer, named Chees,tnan, entered into possession of
the then plaintiff's office, in which was a clerk named
Ingleby, and that afterwards wanting to leave the
office for a time they required the clerk to go out,
and whilst locking the door he pushed the officer
down some steps, locked the door himself, put the key
in his pocket, and walked off; upon which the officers,
having been in possession and been thus ousted, broke
open the door and re-entered, as they lawfully
might. The prisoner's evidence was not relied upon
at the trial, and a verdict was found for the plaintiff,
Bradley. Bradley after wards instituted this prosecu-
tion against the prisoner for the evidence he then
gave, alleging it to be false. The clerk, Ingleby, was
called, and stated it to be entirely false, and that he
was not at the office at all at the time sworn to by the
prisoner. An attorney, named Sithenbank, then an
articled clerk to Bradley, corroborated Ingleby, and
stated that he, Ingleby, was at Bradley's house all the
day, when he was sworn to have been at Bradley's
office by the prisoner. Other two witnesses also stated
the same facts.

Mr. OVEREND, having addressed the jury for the
defence, called two witnesses, Cheesman and Whit-
taker, a boy in his employment, who swore positively
that the prisoner's evidence at the trial was correct,
and that they saw the clerk Irigleby at the office of
Bradley during the day in question.
Mr. HALL having replied,
His LORDSHIP left this conflicting testimony to the
jury, who, after an absence of half an hour, Acquitted
the prisoner.

HOME ClRCUlT.—Maidsione, March 20.

CROWN SlDE.—(Before Mr. Justice MAULE.)
George Saunders, 23, and John Henry, 22, were
indicted for a burglary in the dwelling-house of Henry
Staples.
Mr. Bodkin and Mr. Campbell prosecuted ; Mr.
Charnock and Mr. Woollett were for the prisoners.
It appeared that the prosecutor is a farmer, living
near Farningham, and on the night of the 29th of
December, in consequence of the illness of a relative,
he was absent from home, leaving his house in charge
of three of his labourers, a father and two sons,
named Packman. Upon this night one of the sons
was awoke by hearing a noise, and upon looking out
of the window of his room, he saw a man, whom he
believed to be the prisoner Saunders, standing in the
garden, apparently upon the watch. He immediately
gave an alarm, and upon his brother and himself
dressing and going into the garden, they saw in the
snow which had recently fallen the footsteps of four
men, who appeared to have gone away in the direc-
tion of Farningham. The two brothers followed the
tracks, and after having gone some distance, they
caine up to four men, who, upon seeing them, turned
round, and threatened that if they followed them
any further they would kill them. The brothers,
seeing that they were overmatched, thought it
prudent to retire, but being joined shortly
afterwards by their father, they again com-
menced the pursuit, and came up with the four
men a second time at the entrance of a wood close to
Farningharn. The father, upon seeing them, called
out that if they did not stop he would shoot them, al-
though it appeared that he had no firearm in his pos-
session, and upon his saying so, one of the men, with
an oath, exclaimed, " Shoot, you —," and, the
four immediately attacked their pursuers, and beat
them very severely with sticks, and in the end
they were compelled to retreat, and the men made
their escape. The witnesses who deposed to these
facts spoke positively to the identity of the prisoners,
and they stated that the fight lasted more than ten
minutes, and they had ample opportunity of observ-
ing their persons; and, in addition to this, it was
proved that portions of the property that was stolen
were picked up on the route by which the men had
retreated.

The Learned COUNSEL for the prisoners severally
addressed the jury, and on the part of Henry an en-
deavour was made, by the evidence of his brother, to
establish an alibi.

The jury found both prisoners Guilty, and evidence
was adduced to show that Saunders had been before
convicted of felony.
The prisoners were again indicted, with another
man, named William Gower, for a burglary in the
dwelling-house of a grocer, named Rogers, at
Ey nsford.
The jury found them Guilty, and a former convic-
tion was proved against Gower.
A woman named Emma Ableton was included in
this indictment, but the jury Acquitted her.
Mr. Justice MAULE, in passing sentence upon the
men, said that but for the fact of their not having used
any violence at the time they committed the rob-
beries of which they had been convicted, he should
certainly have sentenced them to be transported for
life; but, as they had not done so, he would not go to
that extent, although still they must expect a severe
ounishmen% lie then sentenced them to be trans-
ported for 15 years.

WESTERN CIRCUIT.—Exeter, March 19.
(Before Mr. Justice TALFOURD.)
James King and George Smith were indicted for
having, on the sth of September, assaulted William.
Baker, with intent to rob him, at Kenton.

Mr. Coleridge was counsel for the prosecution.
I Baker was walking feom Starcross about ten
o'clock in the evening. Having proceeded some dis-
tance, he saw the two prisoners, having sticks with
them. They separated, one going to one side of the
road and the other to the other. As he was passing
them they came to him on each side and demanded
his money. Biker said he had not any. Upon this
they commenced beating him with their sticks,
knocked him down and much ill-used him, and
searched his pockets, but there was nothing in them
but his keys. They left him on the ground and
walked off. The prisoners on the night before this
went to a public-house about a mile from Kenton,
and had a night's lodging. They breakfasted there
the next morning and then left-. About eleven
o'clock on the evening of the sth of September Bilker
went to this public-house and gave information of the
attack, and the landlord procured a horse and went
to Exeter and made inquiries, and told the police.
The prisoners were apprehended the same day at
Teign mouth.
The prisoners called a woman, who stated that they
came to her house, at Dawlish, at two o'clock in the
day of Wednesday, the sth of September. They left
for an hour and returned at seven, and were in bed
before nine o'clock. They had some potatoes and a
little fish. She went to bed herself in a different
house at ten o'clock. About six o'clock the next
morning she unlocked the door of the house in which
the prisoners slept. They were then in bed.
By the JUDGE—She was sure they could not have
got out during the night. Kenton is five miles from
Dawlish.
Cross-examined—She kept a lodging-house, and
that night there were only two women besides the
prisoners in the house. She received a letter from
the prisoners on the following Sunday stating that
they had been apprehended.
The daughter of the last witness corroborated the
testimony of her mother.
The jury found both the prisoners Guilty.
The Learned JUDGE said he had no doubt the jury
had come to the proper verdict, and sentenced them
to nine months' imprisonment, with hard labour.
William Cross was indicted for burglary in the
house of Samuel Langworthy.
Mr. H. T. Cole NSW counsel for the prosecution.
It appeared that Langworthy's house (a public-
house) having been broken open several times, he put
some persons to watch. In the middle of the night of
the 25th of February the prosecutor was awoke, and
upon getting up he found a window open. The men
who were watching sat near the house, and between
one and two o'clock the saw they prisoner come up
and shake the window, and afterwards get up and put
his hand into the safe. The men then ran up and
collared the prisoner, who had been in the public-
house up to ten o'clock.
The jury found the prisoner Guilty, and be was
sentenced to be imprisoned for six calendar months.
George Warry
was placed at the bar charged, upon
ten indictment, with different larcenies.
Mr. Cox was counsel for the prosecution, and Mr.
H. Cole defended the prisoner.
The prisoner was tried upon four of the indictments
and Acquitted on each. In the other six cases no evi-
dence was offered, and a verdict of Not Guilty was
returned in each.
Richard Norman, aged GO, John Norman, aged 27,
and James Folland, were indicted far a burglary in
the house of Anthony Garnish.
Mr. Kerslake was counsel for the prosecution.
One witness having been examined, the prisoners
were asked if they wished to ask any questions of the

witness.
John Norman said—No, my Lord ; there's no need
to ask any questions. We are all gulty enough, and
I hope you will punish all the dogs alike.
When the prisoners were called on for their defence,
Richard Norman made a long statement, but was
interrupted by
John Norman, who said—My Lord, don't let him
talk any more. It's all lies he's saying. He's my
uncle ; and if it had not been for he we should not
have done it.
The jury found the prisoners Guilty. Richard
Norman was sentenced to be transported for life, and
the others for seven years.