The Sun.
London, England, 1826-07-15 00:00:00

SUMMER ASSIZES.

YORK, THURSDAY, :lox IS.
' No case of any interest occurred in the civil court to-
day but, during the progress of an action for a breach of
covenant,
respecting some timber, Mr. Joint 'Williams ex-
cited the ire of an attorney, by describing him at' a " fel-
low." The man of law forthwith asserted his legal title
to the name of " gentleman ;" and, notwithstanding the
order of Mr. Justice Park to remain silent, and to intrust
the vindication of his honour to his Counsel (Mr. Scarlett)
he continued to assert his claim, till Mr. Williams, in
kindly.acquieseence, repeated the title a sufficient number
of times to satisfy the most punctilious admirer, of formal
distinctions.

CRIMINAL SIDE.
Jthnes Ward was placed at the bar on a charge of man-
slaughter alleged to have bean committed by him on the
person of John Gott on the 24th 'of March last.
The Jury instantly found the prisoUer Guilty; and the
Learned' Baron, after obierving that the circumstances
proved he could not have entertained any malice against
the deceatied, sentenced him to ten days confinement in
the Castle of York.
Thomas Fairfax Carlile, aged 57, was indicted for kill-
ing and slaying Joseph Blackburn on .the 23d of May last.
Mr. BLACKBURNE, who, with Mr. M: T. BAINES, con-
ducted the prosecution, stated, that the prisoner's family
had been connected with that of the, deceased by the mar-
riage of one of the prisoner's daughters to the eldest bro-
ther of Joseph Blackburn. In'the course of last year the
deceased intimated his intention of going over to see his
brother, who had settled in Hamburgh. Miss Rebecca
Carlile,. another of the prisoner's daughters, having ex-
pressed a wish to proceed to the same place to see her
sister, the prisoner gave his consent to the proposedjour-
ney, and she set off to Hamburgh in company with the
deceased. About the end. of the last or the beginning of
the present year, they returned to this country, when it
appeared' that the. intimacy which had existed between
them had opened into an attachment, and that Josep!:
Blackburn wished to unite hi4oef to the prisoner's fa-
mily by marrying Miss Itebeeca Carlile. The prisoner
was averse to this union ; and the deceased having been
informed, through Miss-Carlile, of her father's opposition
to their marriage, had recourse to stolen visits, in order
to express- his continued attachment to the object of his
choice. On the night of the 23d of May last, when the
unhappy event which was the subject of the present pro-
secution occurred, he had gone to Mr. Carlile's house,
and by flinging some dust against the window of the room
which Miss Carlile occupied had aroused her attention.
She went to the window, opened it, and begged him to
go away, and alMost immediately afterwards a sword was
thrust through one of the upper panes of a parlour-win-
dow just below her bed-room, and the deceased was
wounded in the body so severely that he died in 'a few
hours afterwards. That wound, it would be proved, was
inflicted by the hand of the prisoner. The evidence to
make out.that charge was, unfortunately, from the very
nature of the circumstances, only to be obtained from the
ineMbers of the prisoner's own family ; anti the jury
would have the painful task of determining on that evi-
dence, whether the prisoner had or had not been guilty of
committing that offence for which' he 'now stood to an-
swer at a criminal bar.

Miss Rebecca• Carlile, an interesting young woman;
who seemed to be very much affected by the peculiarity
of her situation said,—l am the daughter of the prisoner;
I knew Joseph Blackburn, the deceased; I saw him on
the evening otTuesday, the 23d of May last; I judged
the person to be Joseph Blackburn by his voice; I could
not see his person; he was standing, on a ledge under my
bedroom window; and my room is on the first floor;
this was about half-past eleven o'clock. I had been in
hed; my sister Sophia.was with me; I was awoke by
something being thrown against the, window ; the throw-
ing was repeated before I got up ; I then saw the crown
of Mr. Blackburn's hat, which was even with my window.
I opened the window ; after that I told him to go away ;
then shut down the window ; than. heard a crash; the
crash was in these or tour seetindar,ifterwards ; 1 then
heard Mr. Blackburn jump down ; in ten minutes after,
Wards saw my father ; I did not speak to him ; the de-
ceased had twice visited me before in the same way, and
about the same hour; we had been a voyage to Hamburgh
together; I have >ti sister there, who married the deceas-
ed's brother. The deceased paid some attentions to me ;
my father disapproved of those attentions; he did not say
muLth; he wished me not to have .any thing to do with
the deceased; I
.think my sister Sophia was the room
when I heard the crash.
Sophia Carlile, who slept in the same room and bed
with her sister, stated, that on hearing the noise of the
dirt thrown against the window she left the room, and
went to her father to tell him that some one was breaking
into the house; she then returned to her sister's room,
and a few minutes afterwards beard a' noise of a window
I broken; she kneW Joseph Blackburn, but she had never'
before seen him at the window, nor heard the dirt thrown
against it; she did not recollect saying any thing to her
father about Blackburn 'and her sister; except once; her
father once said to Blackburn that if he had a pistol lie
would shoot him, but that Was only to frighten Black-
burn, and prevent him coining to the houie again. •
Joseph Itnymond.—l. am the constable of Pudney.
About 4 o'clock in the morning of the, 24th May, I went
to the prisoner's house. I knocked at his door With. my
staff, and he came down •he said, Surely I have not
mrt that man." I asked him if he knew the man, and
to said,' that through information he. had got from his
family in the course of the night, the man was Joseph
.ackburn.. The surgeon came while I was there 'to in-

quire whether it was a shot or a stab. Prisoner said it
was an old sword belonging to his father. He , produced
it, and the surg.eon examined it to see if it had any stains
of blood upon it. I took it • into my possession ; I was
present with Mr. Rhodes, a. Magistrate, and the prisoner,
at Mr. Blackburn's house; Mr. Rhodes took the deceas-
ed's examination ; I saw the deceased sign it; I think the
surgeon was there also.
Mr. Wharfitiger.—l am a . surgeon; I visited the de-
' ceased about half-past ten or eleven o'clock ; it was a dark
night ; so dark, that my wife requested me to take a lan-
tern ;'I rOund the deceased lying on a bed, with his
clothes on ; l',examined the wound; he said he was shot ;'
but I thought from, its appearance it was a sword-wound;
it. wits about three quarters of an inch in length ; the
1 sword had penetrated three inches in length ; the sword
had passed through the mesentery into the colon, and the
Nees were thrown out into the abdomen; his death was
caused by inflammation ; I told him he must die in a very
Short timel and he believed it himself.
The deceased's staternel4,
Made under the expectation
of death, was read. In it be Said; that on the night in
question he was told by NW Reher•ca Carlile to leave the
window, upon sayipg which she burst into tears • her n,).
. tiler asked her why she Wfie crying ; but he ditinot hear
any answer. Immediately afterwards he received the
wound; he went away from hearing the glass broken ; and
before he perceived that he was. wounded ; he had had no
quarrel with Mr. Carlile on that night ; but he had had a
quarrel with him before, as Miss Sophia Carlile eras angry
with him for paying attention to her sister,
The prisoner, i M I) cipg called on for his defence, put in
a written paper, in whiali he denied ani; ill-will against
the deceased, and declared that
e had
his done,onpp pp n
ao s i i Ntt
ivi ason nn
founded solely upon. those reasons whichwa
entirely in the belief that he was defending his family, from
the attack of a burglar. He regretted
ht
that
to Blackburn's union- with his daughter, an
a parent anxious
for his child's welfare, would belikely to entertain, should
have ;Oren rise to an- imputation that he wished to take
away the life of a young Magi who was already connected.
With his family : that imputation he most selenuily decla-
red was utterly unfounded, and no one could more deeply
441.04 the inisfortune which, in a hurried and agitated
mn0VT41..4 4,3.-1 OVPiI7 caused, and the recollection
of which would always li
e to pit!
a severer laUilishinsat
than any that the law could, in lat. 'The sword NI had
used had hung in his bed-raora for years, and when he