The Sun.
London, England, 1828-08-09 00:00:00

SUMMER ASSIZES.

OXFORD CIRCUIT.—HEREFORD, Auc. 7. I
Richard Lane was indicted for feloniously assaulting
T. Sivel on the King's highway, on the 81st March last, at
the parish of Eastnor, putting him in fear, and taking from
his person, and against his will, a. silver watch, thirteel'
shillings in monies numbered, and a one pound note, Ili/
property.

The Jury found him Guilty, and he was sentenced to
death without the slightest hopes of mercy.
Mr. Lavender, the Governor of 'Worcester Gaol, and
Mr. C. WVinnell, the Governor of Stourport House of Cor-
rection, have again come in here by the directions of the
Magistrates,' with additional affidavits of the innocence of
Cheese, convicted of a rape at 'Worcester. The result of
their humane embassy to Mr. Justice Gazelee has not, 0
yet, been suffered to transpire.

NORTHERN CIRCUIT.—DURHAM, Auc. G.
SEDUCTION.-KILBURN v. SOWERBY.
This was a writ of inquiry executed before Jobo
Griffiths, Esq. the Under Sheriff. The damages were
laid at 5001.

Mr. ALFXANDER stated the case, and described it ao
one of the most heartless nature. The plaintiff was a far-
mer and blacksmith, residing at Etherley, and he had been
deprived of the services of one of his daughters, whom the
defendant had seduced when of the tender age of about
fourteen years, and after an intimacy of about eighteen
months, during all which period the defendant had made
her the most solemn promises of marriage, some time or
other; and, under such promises, had effected his purpose
but after that,when the defendant found out that the laugh•
ter of the plaintiff was pregnant, and was called upon to
perform his promise, he most heartlessly said, " No, I
cannot marry a woman that I cannot love, and of whose
person 1 have already had possession." There were var,-,
ous grounds for damage—the law gave damages fur the
loss of services. He should distinctly prove the pregnancy,
and, that fact once established, the Jury, in estimating the
damages, would have a right to take.into their considera-
tion the outrage committed upon the feelings of the pa•
rents of the girl, and estimate their damages accordingly.
For his part, he sincerely regretted that such cases were
not by law subjected to another description of tribunal,
and punished in some other-way than that of the purse ;
from the bottom of his soul he wished it was so.

Margaret Kilburn—l am the daughter of the plaintiff.
I have known the defendant, John Sowerby, about three
years. I was then about fourteen years of age. My father
is a farmer and blacksmith, and lives at Etherley. Mr
mother is living. I have two brothers and two sisterft.
am the youngest but one of the family. I have a brother'
who is a medical man. It was allout eighteen months he.
fore any thing took place between me and Sowerby.
used to come to the house when my father was away to see
me, and sometimes he met me on the road when I ;vat
going to Bishop Auckland. He promised to marry me.--•
that was soon after our acquaintance—again, about half 3
year after. Between that time and the time he prevailed
over me was about twelve months, and I became pregnant',
and was put to bed on the 9th of May last. John Sowerby'
was the father of that child. It was not possible that sal
other person could be father of the child. He gave as a.
reason for not coming to the house, that he was afraid oiti
my mother. I used to go to market for my father, and
assist in the house.

Cross-examined by Mr. J0Y...-•-.1 shall be 18 years of
age next November. It is about three years since that 1
first knew the defendant ; I was therefore about 15 yearl
old. I had known him about half a year when the misfoe
tune happened. I did not tell my mother that he had pro'
mised to marry me, because I was afraid; I thought she
would think me too young. I never told my father or
mother of his proposal ; he has been at my father's house
more than two or three times; more than a dozen time,
he has been there, and those were when my father all°
mother were out; he had known me before he promise,'
to marry me. The misfortune befel me near our 00!
house, in a field near the house, at about six o'clock
in the evening; it was in the winter; it was not during
day light; it was in a farm yard in the field, with 11°
other shelter than thelhay-ricks. He came to see me
abouta week after, and then it was that he promised Os
marriage. I had known him about a year when this bar
pened. I was at the time about 16 years ohl. My father
farms about 10 acres of land, and is a blacksmith. The
wicked young man was then about 20, he is now 23 yearg
of age. One of my brothers slept in the same room with
me; ho is since married. There was an apprentice of i 1
father's who also slept with my brother; his name is Booth.,
he was about 17 years old. I know a person named Pe!'
kinson, but not very intimately; he used to call when 04
father and brother were at home- I have not sworn the
child to the defendant, but I mean to do it. During the
18 months I used to see him as often as I could, but I did
not tell my father or mother, or any other person, about
my seeing him.

Cross-examined by Mr. ALEXANDER-It was about
twelve months after I first became acquainted that he pro-
mised me marriage. I cannot recollect where it was thta.
he first promised me. I underPtand the meaning of tue
word connection. There are three rooms in my father
house, a kitchen, parlour, and an upstairs room. MY
father and mother slept in the parlour, and after my bro-
ther's marriage I slept in the kitchen.
By Mr. JOY--I did tell yen that it was about a wee
after the misfortune happened that lie promised me Or-
riage ; whether it was twelve or eighteen months after n'Y
first acquaintance that the misfortune happened, it Was 3
week after it that he promised me marriage.
Mr. Neesbam, a schoolmaster, deposed to the proper
conduct of the girl while she was at his school, and siPee
that period ; and another neighbour stated to the salve
effect. Another said, " that she was very agreeable," °-
,
never saw any thing but what was very well of her.
Sarah Patterson, an elderly personage, had known her
about three years. Margaret lived near to her as servant'
She never knew any other than decent and proper be"
haviour on her part.
13y Mr. JOY—How long is that since? Sally—Ab"t
three years.
Mr. JOY-You knew then that she was pregnant about
that time, and had no husband to father the child. Sall}'.'""
Wed, I believe she was'.—(A laugh.)
Mr. JOY-And that you call decent and proper beba-
viour ?—(A laugh.)—No answer.

Other witnesses were called, who proved that the fattier
of the defendant had two farms, of the value of 6°/'
a-year ; but there was no evidence of the defendant beifl
in the possession of any property himself.
Mr. Joy, on the part of the defendant, contended that
there had been no case made out that deserved at the hands
of the jury any other than nominal damages. It was merely
a case of affiliation. His Learned Friend had told them that
he wished such cases were subjected to a penal law, and
made subjects for criminal justice; he had heard hint say
so before—and it appeared to him that the speech he bad
that day made, was one which was a second time bashed
up; part (Allis own, and part of Mr. Brougham's spiced
up to suit some palates; but be hoped not those of the
jury he had the honour to address.

- The Jury retired from the Court for a few minutes, and
then returned a verdict for the plaintiff—damages 1001. ;
which appealed to surprise all those that were present.
The 13usiness of the Assizes here finished last night, and
to-day the Learned Judges will open the Commission at
Newcastle. There ore several important cases for trial
there, and one prisoner is charged with murder.