The Sun.
London, England, 1845-07-21 00:00:00

LAW- INTELLIGENCE.
VICE-CHANCELLORS' COURT, July 19,
CHAPPELL V. PURDAY.
- -

Re-examined—l heard the clock strike twelve just
after they were gone..
By the JUDGE—I am quite sure of the two men. I
knew their voices, when before the policeman, as well as
their features when I had time to recollect. I am be-
tween 65 and 66. Ibe a conscientious person, and I can
swear to them ; and I give to God' the glory that they
were ever brought before me, likewise to my earthly
friends. There was nothing over their faces at the time
of the robbery.
Mrs. Cartwright, landlady of a beer-shop at Oldswin-
ford, remembered the prisoners being at her house on
Sunday, three weeks and three days before Christmas ;
they were in the parlour, and had some drink. Harris
went for John Jones, and they all then remained in the
parlour, and had three jugs of ale. They then went
away, leaving Jones behind. On the following Friday
I saw Harris at the same house ; prisoner's wife asked if
witness would sell him a ton of iron. Harris was a very
poor man, and witness recommended him to a person who
could sell him some.
John Jones, a nailor, corroborated the last witness as
to being in company with the three prisoners on the day
in question, when Harris proposed to go and " do a rob-
bery." I told him at last I would go with shim. He
said he had some matches, a candle, and eight yards of
rope. They said it was to go to an old lady's house at
the back of the Hundred House. They were all to-
gether at the time of this proposal. They said the old
lady kept a cow. I did not go with them. We were to
meet at the Black Star, Stourport, that night, and start
from there when we thought proper, to go by the way
of the " Dog," at Dunley. Wood and I were to take
some nails with us, and the others had some other
articles. Some days after, Bingham asked me the rea-
son I deceived them, and I stud I would not go with
them. At the time of the conversation Harris told me
he had a mask made out of an old hat.
Policeman Thornton, who apprehended Wood and
Bingham, near Bridgnorth, deposed that they both came
from a field as he was passing by, and when they saw
him they ran away, but he secured them, on which Bing-
ham said he meant to give himself up at the assizes, but
did not wish to be in prison before that time. Witness
had been nearly two hundred miles after them.
Samuel Poole, a labourer, at Tipton, met Wood at
his sister's house, a beer-shop, at the Lye Waste, Stour-
bridge, just after Christmas, and in talking about money,
Wood said he and Harris and Bingham had robbed a
house near the Hundred House, and had got some
money. They then had some more drink. Two or
three weeks after witness saw Harris and Bingham,
who owned to the robbery after a little hesitation.
Bingham showed him a purse, saying he had got a good
bit of money in it.
Other witnesses having been examined, whose evi-
dence tended to connect the prisoners with the burglary,
the jury found a verdict of Guilty against all the pri-
soners.

H i sentence, remarked on the
extraordinaryansin
dspgresence of mind of the old
s Lo nns n I
nerve
i ne
pa
woman, the prosecutrix, and then said the law should
take its full force. He sentenced them all to fifteen
years' transportation.

July 18,
The first cause terminated this morning, and the other
,wo engaged.the attention of the Court for a short time
only, the one terminating in a nonsuit and the other
being referred to arbitration. Soon after eleven o'clock
Mr. Justice Patteson began to try prisoners.
James Welsh, who, though described in the calendar
as a labourer, in point of fact was a chemist and seedsman
at Stourbrid
gel was indicted for the manslaughter of
Jane Genevar.
Mr. Whitmore appeared for the prosecution, and Mr.
Yardley for the prisoner.
It appeared that the deceased, who was only about
five years old, had been suffering from ringworm, and
that in consequence of this her mother took her, on the
lth of April last, to the prisoner's shop. The prisoner
gave a box of ointment of a dark colour, to be rubbed
into the child's head every morning and evening, and
some powders to be taken
every night. The treatment
he recommended was adopted, and with apparent suc-
cess. On the 18th the child was again taken to the pri-
soner's shop, when he said the disease was killed, but to
make all safe a little more medicine was requiiite, and
he put into a phial, which he had directed the child's
mother to take with her, two colourless liquids, and
added to them a substance resembling
saltpetre, which
he had groUnd to powder in a mortar. lie said it was
a poison, but that if his 'directions were followed, there
was no danger. The directions were to rub a third part
of the contents of the phial into the scurf, until it was
quite absorbed, and then to comb it out. The mother
that afternoon,
about halfpast three, rubbed a small
portion of the fluid on the child's head, but it produced
anything but a sanative effect, for great pain and un-
easiness-seemed to be the result. Jane, the deceased,
became very sick, and all night was very ill, and con.
tinned to complain of her head and bowels until the
Monday following. Oa the Monday
small blisters ap-
peared on her forehead, awl after great anguish the poor
child died oil the Saturday following.
Mr. Cooper, surgeon to the Stourbridge Dispensary,
stated that he was called in to see the deceased, and that
her head was inflamed and blistered all over the fore-
head ; that there was fever, and that all the symptoms
of salivation were present. He also performed the post
mortem examination, and in his opinion,
which was cor-
roborated by Dr. Fox and another medical gentleman,
Mr. Giles, who were present at it, death was attributable
to 1 ough ing in the mouth, produced by an excessive
dose of a powerful mercurial preparation, called corro-
sive sublimate, which had been externallylpplied and
been taken into the system by absorption. The medical

The particulars of this suit, which was instituted for the
purpose of establishing the right of the plaintiff to the copy-
right in the opera of Fra nide°lo, have often been before the
public. Upon the hearing of the motion for an injunction to
restrain the sale of the work, the Court refused the injunction,
but gave the plaintiff liberty to bring an action at law. Upon
the trial of this action in the sittings after Michaelmas Term,
1844, a verdict was given for the plaintiff generally. The
defendant obtained a rule for a new trial, upon the grounds--
first, of surprise; then, that the verdict was against the evi-
dence, on long affidavits impeaching the credibility of the wit-
nesses at law on behalf of the plaintiff; and, lastly, on the
law of the case. The case was argued again, and upon all the
grounds but the last the defendant failed, and the rule, so far
as it was moved on affidavits, was discharged with costs ; but
as to the law of the case, as to whether the plaintiff had any
copyright in the music, the Court were of opinion that the
plaintiff had no copyright, and directed a verdict to be entered
accordingly. The result, therefore, was that the case made
by the plaintiff in equity had been established ; but the Court
of Law decided that the plaintiff could have no copyright. The
application now made was that, it the plaintiff's bill were die•
missed, it might be dismissed without costs.
Mr. Bethell appeared in support of the application, and Mr.
Anderdon against it.
The Vices-CHANCELLOR said no doubt prima facie the rule
was, that if a plaintiff's bill were dismissed, it would be so with
costs; but there were many cases in which Lord Eldon and
other judges had departed from that rule owing to particular
circumstances. In this case it appeared that, although the
point of law was in favour of the defendant, the defendant had
thought fit, by way of support, to his argument, to set up long
statements of facts which compelled the plaintiff to enter into
evidence as to these facts, and a false scent was consequently set
up; the defendant by this course had unnecessarily produced
a great portion of the expenses. The defendant had virtually
failed on all the facts, but had succeeded upon the dry point of
law. The bill must be dismissed; but he thought it a very
fair case for dismissing it without costs.

ASSIZE INTELLIGENCE.
OXFORD ClRCUlT.—Worcester, July 17.
Lord Denman opened the Commission for this county
on the 16th, with the usual formalities ; and Mr. Justice
Patteson arrived from Oxford late in the ;afternoon.
There are only three causes entered on the list and none
of them to be tried by a special jury. The calendar con-
tains the names of forty-four prisoners, of whom six are
for housebreaking, two for burglary, eleven for larceny,
three for unnatural offences, one for rape, two for
_man-
slaughter, one for embezzlement, one for forgery, four
for cutting and wounding, one for horsestealing, one- for
sheepstealing, and three for robbery with violence.
This morning their Lordships attended Divine service
at the cathedral, when the assize sermon was preached
by the Rev. Mr. Clatighton. After leaving the cathedral
the judges proceeded to the County Hall, where, this
being by ancient custom the first county in the Oxford
circuit, Lord Denman, as the senior, presided in the
Crown Court, and Mr. Justice Patteson took his seat on
the Nisi Prins side. Nothing occurred in either Court
(
which is worthy of being reported.
BURGLARY AT ADDERLEY.—John Harris, 50, shoe-
maker, James Wood; 28, nailor, and Joseph Bingham,
35, nailor, were indicted for having broken into the
house of Sarah Coundley, at Abberley, on the 4th of
December, and stolen fourteen sovereigns, eight crown
pieces, eighty shillings, and forty sixpences, her pro-
perty.
Mrs. Coundley deposed—l live at Abberley, and am
a widow ; I occupy a cottage which is my own pro-
party. On the night of, the 4th of December I went to
bed between eight mill nine, having locked the door and
made the windows safe. In the night, about midnight,
I heard some one in the house, and I called out " John,"
thinking I should frighten them. Two persons then
came to my room ; Wood and Bingham are the men.
One of them said, " You called me ; lam John, and I
am come." I said, " Well, my dear, what brings you
here, and what he ya come after." "We be come after
yar body," said he. " Well, what do ya want with my
body." " Oh, the doctor wants yar body, and we must
take you to him.". I said " Well, give me time to pray
for my soul." They- said " Pray away." They then
asked me if I had any money, and then began plunder-
ing a box by my bedside, which I had painted out to
them ; there was some money in a linen bag, and one of
them asked me if there was any more, and I said there
was, and he took that away Also. They then said " The
place is your own," and I told him we had paid for it by
our own hard labour.. The tall one then went down ;
I could see their faces ,well enough by the candle they
had. What they meant about her body was, as they
said, the doctor of Wolverhampton had offered 501. for
her body, and if they could not find that amount there
they must take my body to him. They also spoke of a
rope in the house, and threatened to hang me. When
they were gone, I missed my purse-bags and 8/. in silver
and 141. in gold. I found a cap* in the kitchen next
morning, and a scaalL iron bar in the scullery. The
window had been taken out, and the door unlocked froni
inside. My boxes were broken open, and the things
were about ; the wicket was thrown off the hinges. I
keep a cow.
Cross-examined by Mr. YARDLEY—I cannot say
exactly when I went to bed. I had a clock in the house.
I had been asleep before I was disturbed, but can't tell
how much time had elapsed. I had never seen the men
before ; and when I saw them afterwards they were in
the hands of the police. Harris was then brought to
me, but I did not know him, as I had never seen him.
I was not frightened when the men came in my room. I
was never. alarmed in my life. I was ready to die. My
protector was above. They were there a considerable
time.