The Sun.
London, England, 1844-08-20 00:00:00

THE NEW INSOLVENCY LAW

In the case of an insolvent named Holmes, the first
under the new Act, his HoNoußgave it as his opinion
that it would be better to employ an attorney than an
agent.

CENTRAL CRIMINAL COURT.

OLD COURT.

These sessions, the tenth of the present mayoralty,
commenced yesterday, before the Recorder, Mr. Alder-
man Gibbs, Mr. Alderman and Sheriff Musgrove, Mr.
Sheriff Moon, the Under-Sheriffs, &c. The present
calendar contains the names of no less than 330 pri-
soners, and the probability is before the termination of
the session, which is expected to last ten or fourteen
days, that number will be increased by upwards of fifty
more cases. Among the charges in the calendar are
two for murder, one for murder by attempting to drown;
horse stealing, two ; manslaughter, two ; rape, seven ;
perjury, one.
The grand jury having been empannelled and sworn,
The RECORDER proceeded to deliver his charge to
them. He said that the calendar contained no less than
330 cases for trial, and he was much afraid that that
number would be considerably augmented before the
grand jury concluded their labours. There were 111
cases of rather serious aspect, among those was a charge
of child stealing, one of feloniously killing a horse, 49
cases of larceny from the person, 37 charges of larceny
by servants, seven charges of rape, four of the commis-
sion of unnatural offences, a charge of attempting to mur-
der by drowning under peculiarly painful circumstances,
seven charges of cutting and wounding, and four charges
of murder. Notwithstanding, however, this very heavy
list, there were but few of the cases, though of a most
serious nature, that required any particular mention
from him, as they did not involve any question of law,
but were to be determined by the facts proved. He
would, however, briefly advert to some of the cases.
First, with regard to the case of child-stealing ; that was
an offence under the 9th of George IV., chap. 41, sec.
31. In the present case it would be a question for the
grand jury to consider for what purpose the child was
stolen ; and he thought they would come to the opinion
that the child had been stolen for the sake of
its clothes, as they had been shown to have been
pledged by the party. The charge of attempting to
murder by drowning was of a most melancholy descrip-
tion. It was an attempt on the part of a mother to de-
stroy herself and her children on account of distress. It
was said that the unfortunate object of the charge was
not at the time of committing the act in a right state of
mind. Now he (the Recorder) would not advise the
grand jury to enter into the question of insanity or em-
barrass themselves by it, but if they found the fact
clearly proved of the committal of the act, then to put
the case into a train of inquiry before the petty jury.
There was one charge of murder to which
he would shortly advert, rnd that • was the case
where the charge was one of murder by the administra-
tion of poison. He felt no doubt the grand jury would
consider the case wholly unprejudiced by anything that
had come to their knowledge, or any information that
they hail derived through the daily press. The design
and intention of the party accused was the great point
for consideration, if it was clearly shown that the poison
WAS placed where it had been with no evil intent, they would
ignore the bill ; but if they entertained the least doubt
on the subject, it would then become their duty to place
the matter in a further state of investigation. With
regard to the offence of killing a horse, it was right that
he should tell them that it was no longer necessary, in order
to convict a party of the offence, to establish that it was
done with a malicious intent to the owner ; it was sufficient
if it was proved that it was wantonly and wilfully done.
The Learned Judge, after referring to some of the other
cases in the calendar, remitted the grand jury to the
performance of their duties.

The COURT then proceeded to the swearing in of the
petty jury.
James Richard Downes, 23, clerk, was indicted for
feloniously embezzling three several sums of 1/. Gs. 6d.,
GL 175., and 11. 6s. Gd, the moneys of Robert Saywell, his
master. The prisoner pleaded guilty.
Mr. BALLANTINE, who appeared on behalf of the pri-
soner, urged, in mitigation of punishment, that the
prisoner had, heretofore, borne a good character, and
also stated that his master was desirous to recommend
him to the merciful consideration of the Court.

Mr. Saywell, in answer to inquiries from the Court,
said he was desirous to recommend the prisoner to the
mercy of the Court, but he was at the same time.
compelled to state that the sums mentioned in the in-
dictment were not mere isolated cases of embezzle -
ment, but he had reason to believe that he had received
other sums, to the amount of 1501., which he had appro-
priated to his own use.

The prisoner was sentenced to be kept to hard labour
for twelve calendar months.

It is generally understood that the Judges who will be
in attendance are Mr. Baron Parke, Mr. Justice Erskine,
and Mr. Justice Coleridge ; it is also stated that Belanoy
will be tried on Friday, unless the grand jury ignore the
bill.

SUMMER ASSIZES.
WESTERN CIRCUIT.--Devises, Aug. 16.
Henry Hatter, William Box, and Adam Clemente,
were indicted for assaulting James Wilson, putting
him in fear, and stealing from his person four sove-
reigns and other moneys, his property.
Mr. Ball appeared for the prosecution.
It appeared that the prosecutor, who is a commer-
cial traveller from Thames-street, was driving his gig
between nine and ten o'clock on the night of the 2d
of May, on the road between Calne and Devizes.
When he arrived at a place called Bromham-cross,
he saw three men in the road ; one of them was in the
centre. Upon coming up to him that man seized the
horse's bridle. Mr. Wilson told him to get out of
the way, and at the same time lashed his horse. The
man then held the horse more firmly. Mr. Wilson
then lashed the man, when he received a severe blow
on the shoulder, which was struck by a man behind
with a bludgeon. Mr. Wilson then took out his life-
preserver, and was getting out of the gig, when he
was struck a blow on the head, which stunned him,
so that he could not tell what occurred afterwards.
When he came to himself he found he was standing
against his gig, bleeding profusely from his head.
His purse had been taken ; it contained fitUr sove-
reigns, a crooked half-sovereign and a De* one, and
a crooked sixpence with two letters _on"- it. He got
into his .gig and drove towards Devizes. He over-
took a cart with two men in it, and; one of the men
accompanied him to Devizes. The prisoners were
the men who stopped him. A surgeon was then sent
for, and he stated that Mr. Wilson had received severe
wounds on his head and shoulder; the- wounds were
very dangerous. The next morning Hatter told a
relation what they had done the previous night. The
prisoners were taken into custody, anti on Box and
Clements were found the marked moneys. • They were
seen together on the 2d of May and on the following
day, and the prosecutor swore most poiftively to them,
and described their dress.
The jury found all the prisoners Giiilty.—Judg-
ment of death recorded.

OXFORD ClRCUlT.—Gloucester, Aug. 16.
NISI PRIUS COURT.—(Before lerd Chief Justice
TINDAL.)
NEWTON V. HOLFORD AND OTHERS.

This was an action of trespass, brought by Mr.
Augustus Newton, barrister-at-law, against the late
High-Sheriff of this county, and four other defendants,
officers and assistants of the sheriff, for breaking and
entering the house of the plaintiff, injuring the locks
of the.doors, and beating the sons of the plaintiff. The
defendant paid 2/. into court, and pleaded that the
plaintiff had not sustained any further damage..
The plaintiff appeared in person to conduct his own
case; Mr. Sergeant Talfourd and Mr. Greases repre-
sented the defendants.
The action arose out of a proceeding which has
already formed the groundwork of two trials, one of
which (a civil action) took place at the last Middlesex
sittings in the Court of Common Pleas at Westminster,
and the other (an indictment for perjury) at the last
Worcester assizes. It will be necessary, therefore, in
order to make a report of the present case intelligible,
to go a little farther back than the sth of July, 1843,
when the_ trespass now in question was committed.
The plaintiff having become indebted to, -a wine
merchant in the amount of 121., was served with a
copy of, a writ, and consented to a judge's order to
enter up, judgment, which was accordingly entered
up, and a writ of ca. sa. was issued thereon. An
officer of the sheriff of the city of Gloucester
arrested the, plaintiff by virtue of that writ while
lie was. attending the Midsummer Quarter Ses-
sions, last year at Gloucester, in his professional
capacity, and the plaintiff claimed the protec-
tion of the Court. Mr. Sergeant Ludlow, who pre-
sided, declined to make any positive order on the
subject, but suggested an arrangement, by the terms
of which the plaintiff was to be at liberty to pursue
his professional avocations during the continuance of
the sessions, the plaintiff on his part undertaking not
to take any advantage of the first arrest. A few days
after the'muarter sessions had concluded, the writ of
ca. sa. was placed in the hands of George Wilson, a
special bailiff nominated for the purpose, and he pro-
ceeded, accompanied by Holtham, Turner, and Vines,
the other defendants on the record, to the residence of
the plaintiff at St. Paul's Cottage, Cheltenham. The
bailiffs arrived there about a quarter to 12 o'clock in
the da,y, and finding the garden-gate could not be
opened from the outside, Wilson scaled the paling.
The plaintiff's younger son, William Philip Newton,
came up at the moment, and attempted to get over
the paling at a different place, but the defendant
Turner pulled him down by the leg into the road.
Being, hoysever, young and active, the youth suc-
ceeded in getting over the paling before Wilson could
accomplish the same feat, and immediately ran to his
mother, Mrs. Newton, to acquaint her with what was
taking place. He then ran back, and tried to set a
large Newfoundland dog at Wilson, who being fore-
warned, was fore-armed, and presenting a pistol,
threatening to blow out the dog's brains if it was not
taken away. The lad, frightened out of his wits, ran
away as fast as he could, and one of the servants shut
up the dog in a stable. The defendant Wilson then
got down into the garden, and opened the gate
for Holtham, Turner, and Vines, who went with him
to the front door, and endeavoured to obtain admit-
tance, which was refused. The bailiffs then retired
for a short time under the shade of some trees, and
finally effected an entrance by the back door, which,
according to the plaintiff's case was burst open by the
defendant Wilson. The bailiffs then entered, arrested
the plaintiff; and took him off in a fly to Gloucester
gaol. The plaintiff's eldest son, Francis Robert
,Newton, was pushed about a little by the defendants
in getting through the passage, and the plaintiff
brought two actions for what occurred, one of which,
in which the cause of action alleged was false im-
prisonment, was tried lu the Common Pleas, and the
plaintiff was fortunate enough to obtain 50/. damages.
The other'action was that which was tried to-day, in
which the gravamen of the plaintiff's complaint was,
that his door had been broken, and his two sons ;4;0
been assaulted, by which he lost the benefit of their I
service.

Mr. Sergeant TALPOURD addressed the jury for the
defendants, contending that the 403. which had been
paid into court was an ample compensation for the
injury which the plaintiff had sustained.
The jury, being of the same opinion, found a ver-
dict for the defendants.

CROWN COURT.—(Before Mr. Sergeant AT•
CHERLEY.)
Richard Harris, aged 30, pleaded guilty to three
several charges of burglary, and was sentenced to
transportation for life.
Considerable progress has been made with the
calendar, owing, however, chiefly to the ignoring of
bills by the grand jury, and the number of prisoners
who pleaded guilty. Among the bills ignored are
both the charges of child murder.

Saturday, August 17.
The business in the Nisi Prius Court to-day has
been of a most uninteresting character. Upwards of
seven houti were consumed by the trial of a case in
which the-Inestion was, whether certain goods which
had been seized by the assignees of a bankrupt were
really the bankrupt's property or that of his brother,
who had purchased them, as the plaintiff's case stood,
under a bill of sale. The next action was one, which
was in effect undefended, upon some bills of exchange ;
and the third was an action of ejectment, where, the
plaintiff haiing made out a prima facie case, a com-
plete legal answer to the action was made out by proof
of a feofment and fine. This closed the day's pro-
ceedings at six o'clock.
CRO WN COURT.—(Be fore Mr. Sergeant ATCHBRLEY.)
Francis Augustus Cox, to person .very respectably
connected, was iudicted for stealing, at Bristol, on the
15th of May last, a certain 'order for the payment of
29-1. 11s., the_property of the Postmaster-General.
Mr:Whiteley, Mr. Godson, and Mr. Bros, ap-
peared for the prosecution. 4t
Upon being arraigned, the prisoner pleaded guilty
to the charge.
Mr. Sergeant ATCHERLBY sentenced him to nine
calendar months' imprisonment, with hard labour.