The Sun.
London, England, 1828-04-04 00:00:00

ASSIZES.-(RECEIVED THIS DAY.)

WESTERN CIRCUIT.—TAUNTON, APRIL 3.
George Howarth; the notorious burglar, was this
morning► placed at the bar, charged under the 43d Geo. 111.
with being, on the 6th of August, at Frome in this county,
in a garden, for an unlawful purpose, and then and there,
in order to prevent his lawful apprehension, having mali-
ciously cut and stabbed, with intent to murder, John Oxley;
there were other counts varying the offence. The prisoner,
who appeared much dejected and care worn, on the indict-
ment being read in a very faint voice, pleaded " not guilty,"
he was also arraigned on other indictments, charging him
with breaking into Rome Church, and with other robbe-
ries, to all of which he pleaded " not guilty."
Mr. JEREMY stated the case.

Sohn Purnell examined—l live at Frome. On Sunday,
the 6th of August last, about 10 o'clock at night, I was
in Bath-street, Frome, waiting for Mr. Wheeler's van, at
about 12 o'clock. I saw two persons on the private road,
near Mr. Oxley's premise's. I went after them with a person
of the name of Gilbert. We followed them, and they went on ;
this was after tke van arrived. We went up to Mr. Ox-
ley's wood house, and there heard a noise. I looked in,
thq door being half open. I called Gilbert. I saw the
prisoner. I knew his person. He was dressed in a light
coat, short trousers, and a cap in de of beaver, which came
over his face. There was a waggon in the wood house.
I heard the prisoner say to the others, whom we could not
see, " bring that board." On this, myself, and Gilbert
went back to Mr, Oxl.ey's and called him up. I then
returned to the bottom of the road, within about one
hundred yards of the board house, to watch. Gilbert,
Oxley and Matthias Butcher came up about a quarter of an
hour afterwards; Oxley had a carving knife, Butcher had
a twitch (a sock they hold horses with when they are
unruly) in his hand ; we went in and searched the house,
hut found no one : we then went into other buildings to
Mr, I)rewe's garden, contiguous to the woodhouse in
Dpewe's garden. I heard some leaves rattle in the ad-
joining garden; on hearing which I called to the
others to come ; they came up, and we all went into
the garden ; I went first, and the others followed
and there found the prisoner under a quince-tree. I am
quite positive the prisoner-is the same man. I asked him
what he did there : he made no answer. 'Mr. Oxley came
up, and the prisoner made an attempt to run away.
When I saw him under the tree, he was stooping down,
and had *Sword in his Land. I caught hold of him with
my right hand, by the pocket ; he turned round and struck
me with the back part of the sword, over the
arm, which caused me to leave go, it was a
drawn sword ; not in a scabbard ; he made away to
cross .the hedge, and fell over a wheelbarrow, Mr. Oxley
came up to the prisoner. The prisoner struck Mr. Oxley
a violent blow ; be then made his way towards some pal-
ings, and attempted to get over, but could not ; he then
turned right round, and cut away with his sword right
and left, and made a stab at me, which came between my
body and arm. I saw the sword then come at the side
of Oxley ; he then struck blows, one cut through the
hat, and the other was a right down blow on the
body ; he then struck me a blow which stunned
me. Matthias Butcher came up ; we called to them
to assist us, Matthias struck the prisoner on the hack part
of the bead, which made him stoop; I caught hold of the
sword ; the lantern which Mr. Oxley had in his hand was
cut all to pieces—we all came round him, and I then hav-
ing the sword in my band, said, if he struck another blow
I would run the sword through him. During the conflict,
while the prisoner had the sword, Oxley said to him, you
blood thirsty' villain will you give up, he then had
the carving knife in his hand, and was cutting at the
prisoner to save his own life. I afterwards saw a
wound in the prisoner's side. When I got the sword
from him he said he would give up. We took him to
the guard-house. On the next miming he was taken to
the Blue Boar, and there washed; he was kept there
from the Monday morning till he escaped on the Tuesday
night or Wednesday morning.
Joseph Oxley, the prosecutor, in part corroborated this
evidence, as alsotlid Charles Gilbert and Matthias Butcher.

Mr. EARLE, on behalf of the prisoner, took several objec-
tions to the form of the indictment, some of which were
comidered tenable, and were reserved for the opinion of
the twelve Judges.
Mr. Justice LITTLZDALE summed up, and the Jury
found the prisoner Guilty on the 6th and Bth counts of
the indictment.--Judgment respited.