The Sun.
London, England, 1845-08-06 00:00:00

STONE V. STONE.

Sir H. JENNER FlTSl:ave;eniencein this case, tshich was
an appeal from the Consis,tory Court of London, in a suit
originally brought by Mrs. Harriet Stone against Mr. George
Stone, her husband, for a divorce, on the ground of cruelty and
adultery, which was met by Mr. Stone by a charge of adultery
against Mrs. Stone, who replied to this charge by alleging con-
nivance on his part. The Learned Judge in the Court below
held that Mrs. Stone's adultery was proved ; that Mrs. Stone
had failed in her proof of her charges, both of adultery and
connivance, and pronounced for a divorce at the prayer of the
husband. From this sentence Mrs. Stone appealed, so far as
related to the alleged adultery and connivance of Mr. Stone.
As the case was very fully entered into in our report of the
judgment in the Court below, it will be sufficient to say that
the Learned Judge of this Court affirmed that judgment on all
points, being of opinion that there was not a shadow of proof in
evidence upon which the Court could place any reliance, either
of the husband's adultery, or of his connivance at any adulte-
rous intercourse with Mr. Thomas Knox Holmes, and conni-
vance at the adultery with Lord Sussex Lennox was not even
alleged. He pronounced against the appeal, and remitted the
cause.

ASSIZE INTELLIGENCE.
MIDLAND ClRCUlT.—Leicester, Aug. 4.
The civil business having concluded on Saturday night, this
morning both the judges proceeded with the trial of prisoners.
(Before Mr. Justice AIAULE.)
William Newton was indicted for having, on the 16th of
June last, cut and wounded John Newton, with intent to do
him some grievously bodily harm.
The prosecutor (who is a retail brewer at Heather, in this
county) and the prisoner are brothers, and, as will be seen
by the following short statement of facts, the younger branches
of the family do nut appear to live together in the most perfect
harmony. On the 3d of last June, the prisoner, another
brother, named Henry Newton, and a man named Ewings,
were playing at bowls at the house kept by the prosecutor. In
the course of the afternoon the prisoner and Ewings tossed for
half-a-crown, and the money was won by the latter. It would
appear that the prisoner, on coming into the house, complained
that the money had not been won fairly, and several times
threatened to knock Ewings's head off. At last Ewings rose
from his seat, and the prisoner immediately knocked him down,
and when on the floor beat and kicked him severely. The
prosecutor, seeing the situation in which Ewings was
placed, said ‘• he would not stand by and see a man
killed in his own house," and proceeded to render him
assistance. For this purpose he attempted to drag the
prisoner away, when his brother Henry knocked him (the pro-
secutor) down, and when on the ground both of his brothers
kicked him violently. Ewings next attempted to assist the
prosecutor, who managed to get up and lean against a table,
his brother Henry, however, still bolding him tightly by his
neckerchief. \\`hile in this position, the prisoner, who had left
the room for a moment, returned, and holding a knife over the
shoulder of Henry, and declaring "be would let out his pud-
dings," struck the prosecutor with it on the shoulder. The
table then gave way, and all three brothers fell on the llama
The prosecutor, whom Henry still held tightly by the throat,
when in that position, cried out, " Henry, leave loose of me,
Bill's sticking me." To this Henry replied with an oath,
" Let him stick thee; I wish he'd kill thee." When the
prisoner and Henry got up, the prosecutor laid hold of the
poker, with the view of protecting himself, but his assailants
left the house, and he was unable to pursue them for any dis-
tance. On his return he complained of being very faint, and
in about half an hour went to bed. He found that he was
stabbed on the arm, and also in the right loin. A surgeon was
called in, and the prosecutor was confined to his room for several
days. These were the main facts of the case, as proved by the
prosecutor, and corroborated by the evidence of his wife.
The jury found the prisoner guilty of the common assault,
and the Learned Judge sentenced him to six months' imprison-
ment and hard labour.
John Johnson, David Kirby, James Green, James .Bris-
tow, Henry Bristow, and John Liston, were charged; with
unlawfully and maliciously wounding Joseph Wardle, with in-
tent to prevent the law ful apprehension and detainer of the
said James Bristow, and with intent to do him some grievous
bodily harm.
Mr. Macaulay conducted the prosecution ; Mr. Flood de-
fended Bristow, Green, and Elston; and Mr. Wing Johnson
and Kirby.
On the night of Sunday, the Bth of June, it was alleged
that the prisoners were conducting themselves in a very disor-
derly manner in the public highway at Great Wigston. Kirby
was heard to say " come on, as if inviting one of his compa-
nions to fight, whilst James Bristow, who was very drunk, used
the most indecent and offensive expressions. Such was the
conduct of the prisoners, that witnesses deposed it would not
have been safe or proper for any peaceable or decent person to
pass along the road in which the prisoners were. Wardle, the
constable, after requesting them to go along without disturb-
ing the public peace, determined upon taking James Bristow
into custody for being drunk and disorderly, whereupon he was
most violently assaulted by the Whole party. He was dreadfully
beaten about the head, and ultimately laid prostrate upon the
ground by a blow upon the forehead from a stone.
Witnesses were called who clearly identified all the pri-
soners as active participators in the affray ; and it appeared
from the evidence of the surgeon, that for some days atter the
assault was committed the prosecutor's life, owing to concus-
sion of the brain, was in imminent danger. The prisoners
Green, the two Bristows, and Liston, subsequently decamped,
but in the course of the last month they were apprehended at
Hawick, in Scotland, where they were at work as stockingers
under assumed names.
Mr. Flood and Mr. Wing having addressed the jury on be-
half of their respective clients,
The prisoners were found Guilty, and sentenced to four
months' imprisonment each, with hard labour.
John Hinchs (who surrendered upon bail) was indicted for
feloniously wounding Elizabeth Griffin, with intent to do her
some bodily harm.
Mr. Wing prosecuted, and Mr. Macaulay defended the pri-
soner.
This case, which was of a most distressing nature, was to
have been tried at the last assizes, but owing to the illness
of the prosecutrix it was postponed until the present. The
prisoner and prosecutrix were fellow• servants in the family
of Mr. Astell, at Newton Linford, and up to the time of the
assault complained of they had lived upon the best terms, and
both bore an excellent character. It appears that shortly
before the day in question the prisoner had represented to
the prosecutrix and her mistress that there were certain ob-
structions placed in the road close to the house; but which,
upon examination, proved not to be the case. In a day or
two after the prosecutrix told a younger male servant em-
ployed in the family to fetch her some coals, and, not bring-
ing them when required, he alleged that he had been detained
by the prisoner. The prosecutrix accordingly when she
next saw the prisoner charged him with preventing the boy
executing her directions. He replied, " She was a liar,"
to which the prosecutrix rejoined to the effect, " No, I never
said what you did about the road." 'I tie prosecutrix was
at this time in a stooping position, when the prisoner, irri•
tated by her observation, kicked her violently on the back
part of her person, and she fell forwards. The prose.
cutrix immediately exclaimed that she was much injured,
and blood fl ivied most copiously even through the chair on
which she was placed. The injuries to her person were of the
most serious description. She was removed to the County
Hospital, of which she had been an inmate for 25 weeks ; and
to-day, in Court, she exhibited in her appearance strong evi-
dence of a long and painful illness.
Mr. MACAULAY, in his address to the jury, expressed, on the
part of the prisoner, his great regret for the offence lie had com-
mitted, and the suffering he had entailed upon the prosecutrix.
He acted under a momentary impulse of anger, but he had not
the slightest intention to inflict the injury which was unfortu-
nately the result of his violence.
The jury found the prisoner Guilty.
Mr. Justice MAULE, in passing sentence upon the prisoner,
said he wes willing to believe the prisoner did not intend to in-
jure the prosecutrix to the extent he had done; but still no
circumstances could justify a man in striking, much less in
kicking, a woman. He sentenced him to six months' impri-
sonment and hard labour.
(Before the CHIEF BARON.)
Thomas Oldershaw, was indicted for burglariously break..
ing and entering into the dwelling-house of Alexander Ster-
ling, on the night of the 4th of June last, at Castle Donning-
ton, in this county, and stealing therefrom a quantity of plate
and other articles, the property of the said Alexander Sterling.
Mr. HILDYARD (the prisoner being defended by Mr. Will-
more) shortly stated the case on the part of the prosecution.
The evidence against the prisoner, as was considered by his
Lordship and the jury, was very conclusive. On the night of
the 4th of June, the family of Mr. Sterling (Mr. Sterling is
since dead) retired to rest between ten and eleven o'clock,
leaving all the fastenings secure, but about half-past one o'clock,
or from that to two o'clock, on the morning of the sth, some of
the inmates were alarmed by hearing the noise of men in the
hall and lower rooms of the house. One of them was heard to
exclaim to the other, " come on ;" but whether more than two
men had entered the dwelling, the inmates could not determine.
A young woman screamed out of the front window, and by a
cry of " Murder," alarmed the whole neighbourhood. The in-
truders then made their escape, but not without taking with
them five silver teaspoons, three tablespoons, a pair of saltspoons,
a towel, and a mouselin-de-laine gown piece. Upon examining
the premises it was found that the thieves had taken out a
pane of glass, and had by that means been enabled to unbolt a
shutter arid obtain admittance into the house. The next point
was to discover the depredators, and amongst the earliest at
the house of Mr. Sterling was Mr. Newbold, the constable of
Castle Donnington. In the house was found a glazed leather
hat, which Newbold at once identified as the hat of Edward
(alias Teddy) Hood, a notorious character, with whom he had
been acquainted many years. He next ascertained that the
prisoner, together with Hood and another man named Dixon,