The Sun.
London, England, 1844-12-19 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.--Durham, Dec. 17.
Mr. Justice Coleridge took his seat on the bench this
morning at nine o'clock.
Robert Brown, aged 25, and George Muchleroyd, aged
23, were severally charged with having, at Waldridge, on
the 25th July last, feloniously fired off a gun into the
house of John Walker, with intent to do grievous bodily
harm to the said John Walker and Isabella, his wife.
Mr. Granger, with whom was Mr. Thompson, appeared
for the prosecution, and Mr. Otter for the prisoners.
In this case it appeared that the occurrence eomplained
of originated in the recent strike of the pitmen of Dur-
ham and Northumberland. The prosecutor was a
" black-leg," who refused to enter into the pitmen's
union, and never left his work. On the other band the
prisoner Brown was a unionist, and had, shortly before
the offence was committed, been ejected from the house
which he had held under the colliery he worked at.
As to the other prisoner, no evidence was given directly
to show in what capacity he was engaged, but in-
directly ground was laid from which to infer that
he also was one of the recusant pitmen. On the
morning of the 25th of July, about one o'clock, the
prosecutor was awakened by a loud report, and immedi-
ately after felt himself wounded in the left arm and
groin. His wife also was wounded in the left knee.
He got out of bed with great difficulty, and summoned
assistance, after which he proceeded to the colliery office,
about 400 or 500 yards off, when, some time after, four
or five shots were taken out of his arm and four or five
more out of his groin. The knee of his wife appeared
to have been penetrated by the shots, but the surgeon
had not been able to find them. The next door neigh-
bour of the prosecutor was awakened simultaneously by
another explosion, and it was ascertained from the marks
outside the houses that the person or persons who had
fired the guns had run from the place where the £rst
shot was fired to that whence the second one was dis-
charged; and in the latter case the charge of the gun
had penetrated the window shutters outside the window,
broken the panes and window frame, passed through the
back room, into which it was fired, and lodged in the
front wall of the front room. Luckily none of the inha-
bitants were injured. - To prove the malicious motives
of the offenders, it was shown that the prisoner Brown
and another person had bees seen, during the previous
afternoon, inspecting the premises from the outside,
where they would be able to see the position of the bed
on which the prosecutor and his wife lay; and that as the
ground behind the cottage was an ascent, the parties had
knelt down on one knee, in order to take a more delibe-
rate and certaim aim at the prosecutor. To connect
the prisoners with the transaction, it was shown that
Brown had borrowed a double-barrelled gun of another
pitman a few days before, holding out an intimation that
he would purchase it, that the gun was handed to him
ready loaded in both barrels, an that the shot found in
the prosecutor's bed, and taken from his person by the
surgeon, were of the same size as those with which the
gun bad been loaded. The previous day and night had
been rainy, and a quantity of sand had been washed
down from the hill sides on the foot-path which ran
behind the prosecutor's house, whilst the ascent behind
had been rendered soft by the same cause. On the
rising ground were seen the marks of the man's knee
and toes, where he had knelt to fire the two shots, and
both there and along the footpath were the distinct
marks of two persons' shoes. The two prisoners were
apprehended at different hours the same morning, in the
tent erected by a pitman, named Hepplewhite, a unionist
pitman, who had been ejected from his house by the
owners of the Edmondsley colliery, about one mile from
Waldridge. The clothes and shoes of both were wet,
and marked with the peculiar kind of clay which was
carried down the rising ground, and the trousers of
Brown were daubed with clay on the right knee. The
shoes worn by the prisoners were compared with the
footprints near the prosecutor's house, and found exactly
to correspond.

The juiy found Brown Guilty, and Acquitted Muckle•
royd. _

His LORDSITIP, in passing sentence on Brown, said
no doubt could exist as to the intent of the prisoner in
firing the gun at the prosecutor, and a very few years
ago the offence would have met with capital punishment,
for no doubt if the man had died of his wounds the
case would have amounted to murder of the most deli-
berate kind. The motive for this outrage was apparent
enough. He and other workmen had thought fit to
strike, and it was not the first time, on this circuit, to
his own knowledge, in which those strikes had led to
similar offences, offences induced by the opinion that they
could not succeed in the object of their strike so long as
other men were willing to work ; and those men who
did not adhere to their party were generally the objects
of their malice. The sentence of the Court on him
was, that he be transported beyond the seas for the term
of fifteen years.
_ .

John Marley (who had yesterday pleaded guilty to
two charges of burglary), William Plummer (who was
acquitted on one of those charges), and Mary Wilkinson,
aged 26, were charged with feloniously breaking and
entering into the house of James Hay, in the parish of
Monkwearmouth, and stealing therefrom ♦arious arti-
cles, his property.
Mr. Granger conducted the prosecution ; the prisoners
were undefended.

In this case it appeared that on the night of the 28th
of October the house of the prosecutor was broken open,
and part of the articles were found in the house in which
the prisoners resided, in the rooms respectively occupied
by Marley and Wilkinson (who resided with him as hif
wile), and by Plummer and a woman named Hannah
Ewing (who passed as the wife of Plummer). A tele-
scope had been placed in the hands of a publican at
Sunderland, for the loan of two shillings ,by Plummer ;
and Wilkinson had sold a tea-caddy (in which were
afterwards found a silver knife and fork belonging to the
prosecutor), to the wife of smother publican, living at
South Shields, for five shillings.
Marley and Plummer Guilty of the principal charge ;
Wilkinson Guilty of receiving.
There were three more indictments against the pri-
soners for similar offences ; but this conviction being ob-
tained, no further evidence was offered.
His LORDSHIP, in passing sentence, observed that the
prisoners had been guilty of several other offences ; and
it was evident that they had lived on the plunder of
others, and that they were pursuing a regular and
systematic course of burglary and housebreaking. Such
persons could not in justice be permitted to infest any
country where the laws held their force, and th eir sen-
tence was, therefore, that they each be transported be-
yond the seas for twenty years. In addition„ Marley
was sentenced to one month's imprisonment said hard
labour for the burglary at Thornely, to which be yester-
day pleaded guilty. Wilkinson, twelve months' impri-
sonment and hard labour.

Thomas Matthews, aged 21, was found Guilty of
forging and uttering a bill of exchange at South Shields,
with intent to defraud Robert Simons, but wiu , recom-
mended to mercy by the jury on account of W s youth.
Two years' imprisonment and hard labour.
True bills have been returned against David Buglass,
one against Matthew Watson, and one against the said
Matthew Watson, James Watson (his son), and Henry
Russell, for a forgery on the Stockton and Durham
Bank, and with uttering the same. The trial is fixed
for to-morrow.

True bills have been returned against all the other
prisoners.

_
December 17.
The Court was engaged the greater part ''of the day
with the trial of several cases of rape, the particulars of
which are unfit for publication.
One petty case of robbery from the person was dis-
posed of. It contained no point of public imterest, and
terminated in an acquittal.

WESTERN CIRCUIT.—Exeter, U ec. 17.
The same course has been pursued in this county as
in the other counties on the circuit. Mr. Mixon Alder-
son arrived in Exeter late last evening, and opened the
circuit. This morning his Lordship atte a ded Divine
service in the cathedral, after which the Court; was opened
and the business of the assize commenced.
There are 41 prisoners for trial, as given the calen-
dar. The offences of which they are chic rged are as
follow :—Six for arson, three for horse and . sheep steal-
ing, one for bigamy, one for false pretenoi )s, four for
wounding, with intent, &c.; five for larcenis a from the
person, one far rape, one or uttering base c oin, one for
manslaughter, one for administering drugs a iith an un-
lawful purpose, and the remainder for simple larcenies.
William Hurford was indicted for stealing a sheep, the
property of John Wise.
Mr. Kekewich prosecuted. The prisoner 'was not de-
fended by counsel.
By the evidence for the prosecution, it am 'eared that
Mr. Wise was a farmer, living at Halbert on, in this
county, where, on the 7th of November he had a
flock of sheep. In the morning of the Bth. it was dis-
covered that during the night one of these sheep had
been killed, the head, entrails, and the skin h eying been
left on the ground. Suspicion fell on the pie ,soner, and
a search warrant was obtained for the purpos e of search-
ing his house, and there, in one of the bed-ri )oms which
the house contained, was found a quanti9 - of mutton
salted in a pan, and another quantity fresh al a a bucket.
The mutton, it was proved, had not been c ut up by a
butcher, from the coarse and clumsy pieces in to which it
was separated. In addition to this, a piece a f the neck
was found to fit exactly with a piece of flesh • which had
been left attached to the skin. The con 81 'Able who
searched the house stated that he had beard du 4t the son-
in-law of the prisoner lived with him, but he could not
say, as he had never been In his house before.
The prisoner, when called upon for his defence, said
that his son-in-law lived with him ; that the r amtton was
found in his room, and that he (the prisoner). k new no-
thing about the matter beyond the fact that t boa mutton
had been found where he stated.

Mr. Baron ALDERSON summed up, telling sthe jury
that, as the evidence on the part of the I iro, secution
had partly raised the difficulty about the son- in-1 aw, the
prosecutor was bound to have removed that diffit ulty if
he could, by showing who did live in the hot me in ques-
tion. The point in the case was, was the mu /ton found
in the prisoner's possession ?

The jury, afte-r a short consultation, Ac ;quittel I the
prisoner.

John Bendle, a miserably-clad and lame man, was
charged with having, on the night of the 27th September
last, set fire to a rick of oats, the property of John Laud.
Mr. Rowe prosecuted ; the prisoner was undefended.
It was proved that Mr. Laud was a farmer, residing
at West Buckland, in this county, where the prisoner
also existed as a pauper. Two or three days be-
fore the fire the prisoner was met by a witness,
who asked him if he was going home. (The wit-
ness stated that at this time the prisoner was living
in a linhoy or cowshed, but had before been in the
union.) The prisoner replied that he was, on which wit-
ness said that he ought to go into the union. Prisoner
answered that he never would go into the union again ;
but he ►4euld do something before Sunday that would
prevent that. He had no animosity, be added, against
any one in the parish except the prosecutor, and he hated
him because he had used hits so badly when they lived
together at Mrs. Dean's. He then went on to say that
before Sunday he would burn down his house or his
barton. On the morning of the fire it was proved that
the prisoner had bought a box of lucifer matches. On
the night of the fire two witnesses were passing near to
the place where the oat-rick in question and seven other
corn-ricks stood. They perceived the fire, ran to the
spot, and succeeded in extinguishing it. The fire had
been applied at the lower part of the rick on the out-
side, and had burnt a good way in. In a few minutes
more their efforts would have been ineffectual, and this
rick, and in all prebability the seven other ricks, would
have boen consumed. The prisoner, by another witness,
was seen, near about the time that the fire took place,
within a quarter of a mile of the spot on which the rick
stood.

On the same evening another witness stated that he
saw the prisoner, who told him that he had set fire to
Mr. Laud's rick, to do which he had bought a box of
matches. He then went on to describe how ho had done
it. Witness replied that he did not believe him, as he
should have heard of the fire. Prisoner then insisted
it was true. " Then," said the witness, " I suppose you
will be transported for it." Prisoner replied that he
hoped he should, and that he had done it on purpose.
A box which contained limiter matches was found be-
tween the rick and the gate which led out of the barton.
The prisoner, when called upon for his defence, put in
a written paper, which was read by Mr. Gurney, and
which, we presume, had not been written by the prisoner,
from the style in which it was written. In very good
language it denied his guilt, and declared that the charge
had been made by the prosecutor out of spite to him.
After hearing the Learned Judge's summing up, the
jury immediately returned a verdict of Guilty.
Mr. Baron ALDERSON—You have been convicted,
prisoner, by the clearest evidence of this crime of at-
tempting to burn down Mr. Laud's ricks, since there
can be no doubt, had not the fire been discovered when
it was, the whole of the seven ricks had been destroyed.
You did this for revenge, and you must now suffer the
consequences of that revenge. I saw too much of this
most detestable crime last summer to feel any doubt as
to what my duty is in this case. Those who deal with
such crimes with lenity make themselves to a certain
degree accountable for the crime when. again com-
mitted. I will not do so, but will wash my hands of all
responsibility by inflicting the heaviest punishment of
the law. His Lordship then sentenced him to be tran-
sported for life.