The Sun.
London, England, 1844-12-21 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.---Liverpool, Dec, 18.
Eliza Daley, Elizabeth Daley, her daughter, and James
Daley, her son, were indicted fur unlawfully exposing a
child. The parties had been indicted at the last assizes
fur an attempt to murder, but were acquitted on the
ground of a variance between the indictment and the
proof.

Mr. Hutton and Mr. Pollock conducted the prosecu-
tion ; the prisoner James Daley was defended by Mr.
James. 'I he other prisoners were not defended at all.
It appeared from the statement of the person in whose
house the prisoners resided, that on their first coming to
the house she had observed, from the appearance of the
prisoner Elizabeth, that she seemed in the family way.
Witness made the remark to her mother, Elia% She re-
plied, she was nothing of the kind, that she had a com-
plaint before she left Ireland. On the 25th of July James
Daley went to his work a little before two o'clock. Wit-
ness did not know what his business was. The two
female prisoners went out about three o'clock. They
came back about seven. Elizabeth went up stairs.
When witness went up she was undressing. She usually
occupied, with her mother, a bed in the second room,
where witness slept. Miss Daley said she felt unwell,
and that she was going to bed. She got into bed.
The mother was then in the front parlour. She
afterwards took a cup of coffee up to her daughter,
and was up and down stairs several times. Wit-
ness vent up about half-past ten o'clock. Elise
Daley was sitting on a box, She had a green dress on.
Witness asked what she was doing out of bid. She
said she felt poorly, and had got out of bed in conse-
quence. She went down stairs, and went into the back
yard. The night was wet. Witness was in the kitchen
about half an hour, and the prisoner was still in the
yard. Witness opened the door and called her. This
would be about eleven o'clock. She said she would stop
a little longer, as it was so cold. Witness said it was
too cold for her, and insisted on her coming in, as wit-
ness wanted to fasten the door. She came in, and
walked very quick into the parlour. Witness fastened
tke kitchen door, and went up stairs. Eliza Daley had
a green striped dress. The Daleys were at this tune in
the front parlour. James Daley came in shortly after,
and went into-the parlour also. Witness heard voices
in the parlour up till near twelve o'clock. Heard voices
of two only, apparently James Daley and his mother.
About twelve o'clock they, too, came up stairs. Witness
sawn was. Saw the light Mrs. Daley. She cams into the room whir* wit-
eat
go into the other MOW Where

iY 1104-tirj ‘.t.ra7bild J

James Daley slept, bnt did not see him. Witness asked
Mrs. Daley where her daughter was ? Mrs. Daley said
she was down stairs is the kitchen, and had been sitting
there to listen to what aho and James Daley had bees
saying. Witness shortly after heard two loud screams
of a baby at the back of the house, apparently farther off
than her yard. Witness went and called to James Daley
to have a candle, as she wanted to go down stairs. Wit•
ness waited a short tine, and then got out of bed and
called on James Daley again to bring the candle. John
Roberts, witness's nephew brought it. Witness
went down into the kitchen. Miss Daley was sitting by
the fire. She had a dress loosely thrown round her
shoulders. Witness said, " Miss Daley, you're in labour,
I've been suspecting it some time." Witness then called
Mrs. Jackson down stairs. On her coming down, Miss
Daley said," What do you want here ? Go to your bed."
James Daley came down stairs, saying, " Oh, my life
and my character !" Witness said his sister was in
labour, and that she had told his mother of it many a
time. Mrs. Daley said it was nothing of the kind.
James Daley begged witless to be silent. He said he
believed his mother, and that there was nothing amiss.
He said she need not be alarmed. Witness tried to ge
to the back door, but he got hold of her arms, and boned
of her not to go. He took tho candle out of witness's
hands, and put it on the table. Witnass had before this
spoken of calling in a policeman. Witness did not go
into the yard. Mrs. Jackson and witness finally went
up stairs. Left James Daley below. Witness called to
hint to come up stairs. He said he would come pre-
sently. They were about an hour in the kitchen toge-
ther. When witness went up stairs she found Miss
Daley in bed. Witness asked her if it was as she
thought, to tell her, and she should have every help a
woman required ? She said she would have nothing.
Mrs. Daley went to bed to her daughter. Miss
Daley told witness to put out the candle. Witness
went to bed. There was a light in the kitchen with
James Daley; it was moving about. Witness did not fall
asleep till daylight. Did not hear James Daley go to
bed. Heard Elizabeth Daley say, in the middle of the
r night, " Whatever shall I do To which the mother
replied, " D—n your soul, be silent." Witness went
to sleep; awoke about six o'clock; Miss Daley was still
in bed; she was sitting in the middle of the bed, putting
on a clean dress. Mrs. Daley came up in a minute or
two, bringing a damp towel with her, which she gave to
her daughter. Miss Daley wiped her hands and face
with it. Mrs. Daley said " Hurry, Bess." Miss Daley
took out some flannel out of a box, and put it round her
under her dress. [Witness then detailed the appear-
ance of the bed.] Witness afterwards saw Mrs. and
Miss Daley in the parlour. James Daley was looking
down stairs. Miss Daley then went into tLe kitchen.
Her mother brought her boots. Witness asked where
she was going to send her daughter. She said she was
going somewhere about her own business.
Evidence was adduced to show that the mother, early
in the morning, had best s. en going with a bundle into
a passage communicating with an aperture through
which anything might be dropped into an adjoining
ash-pit. In this ash-pit was found a male child, which ,
seemed, when discovered, apparently dead, but which, by I
the exertions of the woman who found it, was finally
recovered, and is still alive. It was wrapped in an old
cloak, which was recognised as having belonged to Miss
Daley.
James Daley, Not Guilty; Eliza Daley and Elizabeth
Daley, Guilty. To be imprisoned twelve calendar
months.

December 19.

James Kean, 3.5, was charged with uttering a forged
will of one James Baines, deceased. The indictment
was of immense length, the offence being set forth in
a variety of ways.
Messrs. Blair and Drinkwater appeared fur the
prosecution. The prisoner conducted his own de-
fence, and manifested considerable dexterity both in
the cross-examination of the witnesses and the general
management of his case. He is rather a good-looking
man, of genteel exterior.
The facts of the case, as appeared from the counsel's
statement, were the following :—That in the early
part of the present year Mr. James Baines, of
Everton, died, leaving a considerable amount of
property, under a will dated in 1840. Disaffection
being excited amongst some of his relatives in
consequence of their expectations not being
realised, Mr. James Mawdesley, a brother-in-
law to the deceased, residing in Burlington-street,
employed the prisoner to make inquiries as to the va-
lidity of the said will. Accordingly, in September
last, the prisoner took some steps in th• matter, and
several interviews took place between him and
Mawdesley, when the latter paid over several sums
of money as a compensation for the prisoner's trouble.
In October the prisoner called upon Mawdesley and
produced a' will, which he stated to be the original and
legitimate will of Mr. Baines, and purporting to be
signed by him ; he then proposed to go with Mawdesley
to Chester to have the will executed (that was aboLt
the latter end of October) ; but, on their meeting
there, the prisoner made some excuses as to the non-
appearance of several witnesses who were to have
been in attendance, and afterwards tried to make his
escape. On the 25th of November he was discovered
at Manchester, and taken into custody. A number of
papers were found upon him connected with the trans-
action in which he was implicated. The will which
the prisoner had prepared, and which bore the signa-
ture of James Baines, was alleged to be a forgery,
and in the handwriting of the prisoner.
James Mawdesley deposed to the various transac-
tions between himself and the prisoner up to the time
of their meeting in Chester, and additional witnesses
were called to support other parts of the case.
The prisoner entered into a long defence, in which
he endeavoured to fix the charge of forgery on other
parties, and to show that he himself could have no
motive for the commission of an act such as that with
which he was charged. He called several witnesses,
whose evidence did not, however, change the features
of the case.

His LORDSHIP briefly summed up the evidence,:and
the jury, after a few minutes' consideration, found the
prisoner guilty of uttering the will, knowing it to be
forged. •
The prisoner begged hard for mercy, when
His LORDSIIIP said Have you never expe-
rienced mercy before ? Prisoner—Slightly, and I
have not abused it. For many years of my life I
have had great difficulties to contend with, and
have fought my way up to hold a respectable station
in society.
The JUDGE—You have been once before sentenced
to transportation. The case of to-day has proved you
are a most wicked, daring, bad man, in every sense of
the word ; and I should ill discharge my duty if I
gave you any opportunity of returning to this coun-
try. The sentence of the Court is, that you be trans-
ported for the term of your natural life.
Prisoner (with a look of concern)—We shall meet
again, my Lord.
The trial occupied the time of the Court for the
greater part of the day. _ _

CHARGE OFASSAULT.—Edward Davies was charged
with assaulting Matthew Mathews at Manchester. It
appeared from the statement of counsel that, on the
24th July last, Mathews and another gentleman were
walking along the street, when the defendant came
up and struck him, and was about to repeat his vio-
lence, when he was given in charge to the policeman.
Mr. SowLER, on the part of the defendant, wished
to show that the proceeding arose from an old griev-
ance between the parties. The injury sustained was
very slight, according to the evidence given by the
surgeon.

Hir LORDSHIP thought it improper that the time
of the Court should toe taken up with such a frivolous
matter, in which the jury also concurred.
A verdict of Guilty was returned, and the de-
fendant fined 205., and ordered to enter into his own
recognisances to keep the peace.
John Chamley, Edward Kynaston, and John Lomax,
were discharged by proclamation.
John Clarkson, convicted of forging a promissory
note, was sentenced to ten years' transportation.
John Thomas, convicted of bigamy, was sentenced
to three months' imprisonment.
The whole of the criminal business; being disposed
of, his Lordship thanked the jury for their attention
to the numerous cases which had been brought before
them, and adjourned the Court at a quarter to six.

NORFOLK ClRCUlT.—Norwich, Dec. 18.
(Before Mr. Justice 'WILLIAMS.)
ARSON.—John Rutland, aged 33, was indicted for ma-
liciously and feloniously setting fire to a barley-stack,
the property of Daniel Dix, of Twyford, in this county,
on Sunday. the 10th of November last.
Mr. Evans anpeared for the prosecution ; Mr. William
Cooper defended the prisoner.
The evidence adduced in support of this charge was of
a purely circumstantial character, and by no means re-
imirkable in its details. It appears that the prisoner
lives not very far from the residence of the prosecutor, a
small farmer, in one of whose fields, and near the road-
side, stood the stack in question, about 200 yards off the
awpo ,rascni cottageiseooicognknhe prisoner
Onorf
neighbouring
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rhhi
adding,
ene gaptfortyei
tisrhi
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prosecutor
sebaerursemtuhh
eatel
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rwhes
:stag: csnhwdokt
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gahetht
ihfturaf:tt,houtn:?
fownel:fc,aioslswr° o'clock
claoel ydast
oahthlriondjui
it, and he thought it right to tell the prosecutor too.
Upon this the neighbours assembled, while the prisoner
was dispatched to Foulsham for help. On approacbii
the stack it was found all in a blaze towards the south-
east end, the mischief having evidently been well con-
conceived and executed, the wind being then fa-
vourable to the speedy progress of the flames.
There being no water at hand the whole stack was
consumed, and property to the amount of 70/. ut-
terly destroyed in about ten minutes. On searching
the vicinity a short stick was found under the hedge
with a half-burnt rag attached to one end, which, on
being examined by a chemist, was ascertained to have
been steeped in turpentine, a fact which met with a sin-
gular coincidence in the discovery of a bottle of turpen-
tine in the prisoner's house, on the outside of which were
marks indicating that some of its contents had been re-
cently poured out. Under these circumstances suspicion
fell upon the prisoner, who, according to his own state-
ment, could not have been far off when the flames burst
out; and on further inquiry in was ascertained that on
the afternoon of the 10th, he had, while discussing " the
Carston fire " at the " Guist Swan" with his neighbours,
openly said that " there would be a fire at Mr. Dix's be-
fore the year was out." Itiwas shown that some " words"
had passed between him and the prosecutor on the occa-
sion, the latter complaining that he had not paid his rent
to his landlord, by whom he (Mr. Dix) had been autho-
rised to collect it.

Mr. COOPER haring addressed the jury on behalf of
the prisoner,
His Loausuir. summed up the case to them, leaving it
to them to say whether, on the whole evidence adduced
before them they had any reasonable doubt of the guilt
of the prisoner. The case was entirely for their consi-
deration, and they would deal with it according to the
best of their judgment.
The jury having deliberated together for a short time,
returned a verdict of Guilty.—Sentence was deterred.
Leondrcl Aldis, aged twenty-two, was indicted for ma-
liciouly and feloniously cutting and stabbing one Robert
Smith, with a knife, on the 24th of November, with in-
tent to do him some grievous bodily harm.
Mr. Evans appeared for the prosecutiLn, and Mr.
Palmer for the prisoner.
It would appear that, on the day named in the indict-
ment, the prisoner and one Rudd had met the prosecutor
and two other youths at a public-house in Rockland St.
Mary, together with some girls, when a discussion arose
as to the name of the person who had recently broken
some windows in the parish. On the one hand the pro-
secutor's party cast the blame on the prisoner, while he
and his friend retorted the insinuati,n, and accused the
prosecutor of being the guilty man. These charges
being stoutly adhered to on both sides, the company
broke up in " mest admired disorder," the prisoner
and his friend going off in high dudgeon. Soon after
the prosecutor and his friends quitted the public-house ;
but in a few moments the two parties were again
thrown together. This unexpected collision rekindled
the slumbering quarrel, and in a few moments there
was a general " turn up," Rudd saying that he and
his friend would " wait upon the other gentlemen,
though there were three of them." In the midst of
the melee which ensued blows were exchanged between
the prosecutor and the prisoner, who ultimately inflicted
several wounds on the face, fingers, and jacket of his
adversary, and then fled away at the top of his speed.
On the following day the police were set in motion, and
the prisoner being apprehended on the complaint of the
prosecutor, conducted the policeman to his master's tur-
nip-field, where he said he had thrown away his knife,
and that being found here marks of recent blood.

Mr. P.tvain addressed the jury on behalf of the pri-
soner, contending that the case was of too trumpery a
character to warrant a conviction for felony, and urging
that, w; he had been dogged and attacked, it might well
be that he had resorted to the knife in self-defence, in
which event he was entitled to a verdict of acquittal.
Mr. Justice WILLIAMS, is his ob3ervaions to the jury ,
could not by any means admit that the use, or rather
the abuse, of a deadly weapon could be lightly recognised
as justifiable for the purpose of self-defence. The quar-
rel, such as it was, between these parties, or the pressure
on the prisoner, was not of a character to require any-
thing beyond the weapons with which nature had pro-
vided every man.
_

The jury- having found the prisoner Guilty of a com.
mon assault, he was, after a suitable admonition, sen
tencod to three months imprisonment.

OXFORD ClRCUlT.—Stafford, Dee. 18.
(Before Mr. Justice COLTMAN.)
Joseph Penn, aged 52, was indicted for the wilful mur-
der of Prudence Hughes, at Sedgley, on the night of
the 23d of September.
Mr. Yardley and Mr. Huddleston appeared for the
prosecution; Mr. Allen and Mr. Keyser for. the prisoner.
From the evidence adduced on behalf of the Crown it
appeared that the prisoner and the deceased had coha-
bited for several years, during which intercourse she had
given birth to several children, whom the prisoner had
supported. On the evening of the 23d of September the
prisoner, deceased, and several companions, were drink-
ing at the Hare and Hounds, in Dudley, until midnight,
when the party returned homewards to Sedgley, more
or less intoxicated. On the road some unexplained mis-
understanding arose between them, in which the deceased
received a cut on the lip from the prisoner, but they be-
came reconciled, separated from their friends, and pro-
ceeded on their journey. Between one and two o'clock
in the night the sound of blows and stifled shrieks were
heard by persons residing near the highway, and some
proof was adduced to identify the prisoner and his com-
panion as the parties engaged in the disturbance. Later in
the night two policemen discovered the prisoner in the act
of raising the deceased from the road, a quantity of fresh
blood flowing copiously from her person, with which the
smock-frock of the prisoner was deeply imbued. He in-
formed the officer that the woman was his wife, and that
he thought she was in the act of miscarrying, where-
upon all united in transporting the sufferer to a neigh-
bouring tavern, where medical aid was promptly pro-
cured, and where, in spite of surgical aid, the unfortunate
woman died in a few hours. In her dying moments she
declared to her medical attendant that the injuries she
was dying from had been occasioned by a fall, gad not
from blows or kicks inflicted by the prisoner, which
statement this gentleman undertook from the pest mortem
examination to describe as incorrect.

After a ♦ery powerful and argumentative speech from
Mr. ASIAN,

The Learned JUDGE explained to the jury the requi-
site distinctions between murder, manslaughter, and the
conviction for an assault, and after a brief deliberation
they found the prisoner Guilty of Manslaughter.
Sentence was deferred.

The trial of Mr. Sherriff, Mr. Hildrsth, and Miss
Railton, fur " the strange doings" at Wolverhampton,
is fixed for the sitting of the Court to• morrow morning.
It has been a matter of surprise to many that the Home
Secretary has not sent down aiother Judge to assist Mr.
Justice Coltman in disposing of the heavy calendar of
offences at this place. NVitnesses have been already de-
tained in several cases for upwards of a week.

POLICE INTELLIGENCE.
(YESTERDAY.)
MANSION-HOUSE.

Kyle, the servant of Mr. Chadwick, the surveyor,
and Sargood, the driver of the errand cart which
caused the death of a poor man, named Dean, in
Threadneedle-street, a few days ago, by turning over
upon him when he was drawing a truck, underwent
another examination before the Lord Mayor.
It will be recollected that Byte was committed to
prison by the Lord Mayor, upon his own statement
that he had deposited paving•stones, which were
intended for the repair of the pathway, in the car-
riage-way, and that bail was taken for the appearance
of Sargood, who, as he drove along, did not see the
stones before the wheel of the cart came in contact
with them.

Mr. Chadwick attended, and stated that he deeply
lamented the accident, but he could not see how it
could have been avoided.

The LORD MAYOR.--It is a very serious case. A
poor roan, who has left a wife and children, has lost
his life evidently in consequence of the manner in
which these stones were laid in the carriage-way.
The foreman of the jury has been with me this
morning, and told me that the stones stood nearly a
yard upon the carriage-way, and that the jury were
for a considerable time in doubt whether they should
not return a verdict of manslaughter against Mr.
Chadwick's man. What is to become of the family
of the deceased ?

Mr. Chadwick said there was no other place in
which to deposit stones intended for mending
the pavement, and that the stones were piled up as
carefully as possible.
The LORD MAYOR—Then, certainly, there ought
to be notice given to drivers that repairs are going
forward by means of a lantern. It is quite evident
that, in this case, the driver did not see the stones.
But the matter shall be represented to the Commis•
sioners of Sewers. His Lordship having then been
informed that the verdict was "Accidental death," dis-
charged the prisoner, but again called the attention
of Mr. Chadwick to the deplorable condition of the
wife and children of the deceased.
It is believed that Mr. Chadwick, who is a gentle-
man of very high character in the City of London,
will pay particular attention to his Lordship's sug-
gestion.
The Lord Mayor received 101. from the Gold-
smiths' Company, and lot. from the Grocerfs' Com-
pany, for the poor-box.
MARLBOROUGH-STREET.

Edward Murray, a veteran soldier-looking man, be-
tween 50 and 60 years of age, was charged with being
drunk and incapable of taking care of himself.
Police-constable, No. 87 of the C division, stated that
between twelve and one o'clock this morning he found
the defendant in Wardour-street excessively drunk, and
supporting himself against the shutters of a shop win-
dow. Witness asked him if he lived there ; he replied
"No ;" but afterwards said he resided up the street.
Witness said, " Which is the house ?" The defendant
said, "The glorious 42d! Waterloo! Charge ! chsirge !"
Witness seeing him so disorderly, charged him accord-
ingly at the station-house.
Mr. HARDWICK—What have you to say, sir, in answer
to the charge against you of being drunk and incapable
of taking care of yourself ? Defendant—My good Sir,
the fact is this ; I served in the 42d—that is, I had the
honour to do so—with many brave feiloa s, at the me-
morable battle of Waterloo. It is, I believe, allowed
that the 42d did their duty there.
Mr. HARDWICK—But what has that to do with your
being found in the state you were ? Defendant (good
hurnouredly)—Why, l'll let you into the secret. I met
last evening with several brother officers, and while talk-
ing over past and stirring events, we had a pretty con-
siderable skirmish with sundry bottles of wine, and I
hare the satisfaction of saying that I firmly believe that
the 42d did their duty as usual.
Mr. Haanwicx—l shall discharge you ; but don't
come here again in the same character.
Defendant—l thank you, Sir ; but I hope you'll have
the candour to admit that the 42d always do their duty.