The Sun.
London, England, 1844-08-27 00:00:00

LAW INTELLIGENCE.
COURT OF BANKRUPTCY, Aug. 26.
The first case before the Court this day, the choice
of assignees in the matter of Frederick Cook, was fixed
for half-past eleven, at which time the parties concerned
v‘ ere in attendance in ➢lr. Commissioner Fonblanque's
Court, but it was after twelve before the Learned Com-
missioner took his seat, and the business of the day did
not commence till some time after, to the evident annoy-
ance of the suitors. Nothing worth reporting occurred
in any of the Courts.

--.ImAtER ASSIZES.
Su.—
NORTHERN ClRCUlT.—Liverpow,
ti.T.PE.—(Before the LORD CHIEF BARON.)
Etiia naky:'..ram6 Daley, and R444em
indicted for attempting to murder a new-I)!grn infant.
44. 4rtstiong,assiSted 43i Mr. Hulton, conducted the
f 914-4f-r. Wilkins the defence.
.4.l43i§plPlsFP having stated the caag tp thgjvy,
it 11145.0
Eleanor kvan4 whg stated that §he lived at pi, Pe7
Manchester, and. kept a lodzinz.-hphie, and
who were mother, soil, and
from her. The female

-7 Aua. 23.

~•~ers,

dale-s;,:ee4
the three pnse,..._
daughter, rented apartme,,,,..
prisoners slept in the same bed-room wuu .•.
James Daley occupied a room to himself. Witness ob-
served that the younger woman, Eliza Daley, ap-
peared to be pregnant, and remarked to her, that it
Nas so said by all the married women in the neigh-
bourhood. She had also spoken to the mother relative
to the state in which her daaghter was supposed to be,
and she (the mother) said it was nothing of the kind';
she had a complaint of dropsy before she left Ireland,
and that she had had two other daughters who had
died of the same complaint. On the afternoon of the
25th of July, the two women in company went out,
and remained absent until seven o'clock in the evening ;
and when they returned, Eliza Daley went immediately
up stairs, and the witness following shortly afterwards,
perceived that she was undreeeiag herself, and remarked
to her that it was an early hour for her to be goin
to bed. Eliza replied, " Yes, but lam rather unwell./ig
Eliza Daley, having undressed herself, went to bed, and
the mother took up a cup of coffee. About half-past ten
o'clock witness had occasion to go into the bed-roam,
when she found Eliza Daley sitting on a box at the foot
of the bed, having on at the time a green striped dress.
W itness said, " Miss Daley, what are you doing out of
your bed ?" and she replied, " lam not well, and have
got up," and she then jumped up and ran down gtairs,
and shortly afterwards witness heard the back door
opened, and some one go out. Witness, after a little
lapse of time, went down stairs, and found that Eliza
Daley had gone into the privy, in which she re-
mained upwards of half an hour, when she was called in
by witness. Witness about eleven o'clock went to bed,
leaving the two female prisoners in the parlour, and
shortly afterwards she heard some one come in at the
front door, who proved to be James Daley. About
twelve o'clock the son and mother came up stairs, and
witness asked Mrs. Daley where her daughter was, and
she replied that she was sitting in the kitchen. Witness
said, " It's a main poor excuse ; I must go down and
look after her." Mrs, Daley said, Don't, my dear;
I'll go." Witness said, " I feel alarmed ; 1 1111•10
look after you both." Mrs. Daley made no reply,
but got into bed, and witness shortly afterwards heard
an infant cry. Her nephew, John Roberts, brought
a candle, and she went down stairs, and found
Eliza Daley sitting in the kitchen, and from the
appearances near to the place, site found that she
had been in labour. Mrs. Jackson was called, and
Eliza Daley said, " What do you want here ? go
to your bed," and she then swore. James Daley came
down stairs, apparently much confused, and asked for
an explanation of what was going on. He was told that
his sister was in labour, and he exclaimed, "It's a mis-
take 1 0, my life and my character 1" The elder Daley
said it was not true that her daughter had had a child ;
she was suffering under a complaint of which two of her
daughters had died, and the appearances were caused
in consequence of the great quantity of medicine she
had taken, and said it was unkirld of witness to expose
the girl before her sister. James Daley begged hard of
witness to be as silent as possible, for he believed it to
be altogether a mistake. From what his mother had
said witness went up stairs, and found Eliza Daley in
bed, and requested her to confess whether or not she
had had a child, for if she had had one, every attention
should be paid to her. She (Eliza Daley) said it was
nothing of the sort ; swore at them, and requested that
they would go to bed. Some time afterwards Eliza
Daley exclaimed, "0, what shall I do ?" and her mother
ri quested her to be quiet. Witness, on awaking in the
morning about six o'clock, found Eliza Daley sitting up
in bed changing her clothes. The mother was not there
at the time, but came in shortly afterwards, and took
away some foul linen and a green dress. Eliza Daley's
clothes were placed together, as though she had con-
templated leaving the house. Eliza Daley was taken
izno custody.
Several witnesses were called to depose to the facts
mentioned by the witness, and that the elder Daley early
on the morning named in the indjptmept was endeavour-
ing to gain access to a privey, having with her at the
time a bundle.

• ' —itness, anti

Peter Smith, a night-soil man, stated, that on the
morning of the 26th of July he found the body of a
male child, wrapped in a cloak, lying on some ashes in a
midden.

Mr. Wzmusrs proceeded to address the jury on behalf
of the prisoners, when
His LORDSHIP interrupted the Learned Counsel,
stating that he wished to consult Mr. Justice Cresswell
on the subject of the indictment.
On his Lordship's return into Court, he said he
thought it his duty, in order that justice might be done,
to stop the proceedings. He had looked at the indict-
ment with some care, and had found that it was founded
on a statute that, whoever should attempt to drown, or
[ suffocate, or strangle, with intent to commit the crime
of murder, should, although no bodily injury should be
ocoasioned, be held to be guilty of a felony. In the in-
dktment there was no other crime whatever charged ;
awl it was his duty to tell the jury that, what-
ever they might think of the misconduct of the
prisoners, there was no evidence whatever of an
attempt to suffocate or drown. If the child had
been placed in the midden-hole, without the
pesson so placing it there having a knowledge of
what was on the other side of the wall, this would not
be a legitimate mode of construing the statute ; and on
the other hand, supposing that the person placing the
child there was acquainted at the time with what was in
the midden-hole, it then must appear that they had se-
le( fed the dry ashes to put it upon a place of compare,
tive safety and not of danger. There was enother diffi-
culty also which presented itself. It was necessary that
it should be shown who was the person placing the child
in that situation, and of this fact there was altogether
an absence of evidence. His Lordship, after spore re-
marks relative to these points, said he should not order
that the prisoner should be liberated, as an indictment
in a different form might be presented.
4 verdict of Not Guilty upon this indictment was then
tel. en,
Alfred Locke, T kompts Jept,dpgs, and El/en .Creel[ were
chsrged with having committed a burglary on the night
of ,he 21st of July last, in the house of Deborah Taylor,
snit 74;:len therein upwards of 3001. in money, and some
silver plate, itc,r property.
Mr. Brandt add mv. 4cr4c conducted the case for the
prosecution; and Mr. James and Mr. Wilkins defended
the prisoners.
The prosecutrix is a widow, and keeps a public-house
in Salford called the Nelson Arms. The front of
the house looks into Chapel-street, and the 4494 into
Sidney-street. On the evening of Sunday, the 21st of
April, Mrs. Taylor's bedroom was noticed to be in a
state of safety, and the bookcase, in which the money
was kept, was locked. oft a little after ten o'clock
it was found that the room bad been forcibly entered,
and the box, containing the cash and some silver
spy ons, Stc„ stolen away. The persons who had com-
mitted the depredation must have gained access from the
back part of the house. To ponnect the prisoners with
the burglary, it was shown that the two men, about a
fortnight previously, had been sitting in an upper room
in the house, from which room they could obtain a view
of Mrs. Taylor's bedroom. On the Saturday night be-
fore the robbery, the male prisoners were seen in
Chapel street, opposite to Mrs. Taylor's house, from
which situation they could see the bedroom window.
The prisoner Locke lodged in Spear-street, which is
about a mile and a quarter distant from Mrs. Taylor's
house, and there had several times been seen with him
at his lodgings a short man, not in custody, who must
have been one of the parties who committed the bur-
glary. On the. Sunday evening in question, Locke and
and the little man spoken of, left the house at which
Locke lodged, in company together, and want to a public-
house kept by a person named Wilson, where the little
man changed his dress ; subsequently Locke and this
man, in company with the other two prisoners, were to-
gether at the College Inn, near to the old church. The
next place in which they were seen was in Sidney-street,
near to Mrs. Taylor's premises. The prisoner Jennings
was keeping watch at one corner of the street, and the
little man before alluded to at the other, and the
prisoner Locke was passing about before the house,
and after doing so for some time, he turned the
corner into Scholefield-street, and was lost sight of for
about a quarter of an hour, when he was seen to come
apparently from the house, carrying something under his
arm, and on going up to the other men some one said it's
all right, and the parties separated. In a pit standing in
the road taken by the man who was seen to carry some-
thing under his arm, was found the stolen cash box, and
on the road taken by the man who has escaped the vigi-
lance of the police, were found other portions of the
stolen property, and also a dark lantern. To connect the
female with the transaction, it was shown that at the
time the prisoner Locke was walking before Mrs. Tay-
lor's house, she had gone, in company with Jennings,
into Mrs. Taylor's vaults, probably with the view of as-
certaining in what situation the inmates of the house
wei e statipned, Jennings, after this, went to his lodg-
ings, where he left a ge,l7sage that if a man, answering
the description of the little man spoken of, called, he was
to meet him at the College Inn ; and at a quarter after
ten o'clock this man and the male prisoners were toge-
ther at this public-house, where a transaction tools place
which was important to the inquiry into the guilt of the
prii,:,ners. The landlady and inquiry
daughter were sitting
in the kitchen opposite to the room in whieh the par-
ties were, and they heard a sound as of gold money
beitgg counted. In consequence of this, on hearing of
the robbery, a communication was made to the police,
and instructions were given what was to be done if the
parties came again. About ten o'clock the following
morning the two male prisoners did come again, and the
police were sent for, who took them into custody. Locke
had on an entire new suit of clothes, and in his pockets
were found seven sovereigns, and in the pockets of Jen-
nines were found four sovereigns. When told the charge
upon which they were apprehended, they stated that they
were at their lodgings at the hour the offence was com-
mitied, which was ascertained not to be the fact.
These accusations having been proved in evidence,

Mr. Wiractris addressed the jury on behaltof th'e pri-
soners. This, he said, was n case Which Would rettuire
bn their parka very great dial of care, watchfulness, and
jealousy o'er themselves' He 19ieW of nothing more
easy than by 'an exeirelie or ingenuity to excite suspicion
against others ; and if they' lent a ready ear to the party
Making an accusationtand allowed that party to make an
impression on their minds, there was afterwards a secret
satisfaction, of which, perhaps, they might be uncon-
scious at the time, in making every circumstance fit the
accit.satiett and justify the impression on their minds. All
cases of circumstantial evidence were calculated to ex-
cite suspicion i and the circumstances in this case, as
OatPtel gy tlitt lAPVIIP4 Ookinsei foe the prosecution, were
put tog Wier with great skill And ingenuity_; and it fre-
queniiy .appentu a .I,earneu L;ounsei so situated,
unless he was somethine more than hinnr mi
itigi.pnqnt O'he 7arp,e4. r *Raid duly to find a
'verdict in accordance with' the evidence ; and he felt as-
sured they "would take great care to ascertain whether
the evidence which hid beginailihicql was guff cieut to
ustify thesisprono9eing a v.e'rdiet of guilty against
*the prisoners, of one of the highest offeuces known to
the law of the bnd. lie conterictetl that the ease against
pri§qnpisi stated prqsccution, was not Mll-
e:ea to justify them in pining to a conclusion of guilty,
and that all the facts deposed to were perfectly compati-
ble with the innocence of the parties ,accused ; in fact,
a
nious defence by a passionate appeal as to the conse-
quences if a verdict of guilty was returned against the
:;411idater.,.
~,haeins
Learnedt t he female
prisoners. Counsel P r
concludedthre a; acsi onqouceapste
The Learned JUDGE, with great perspleuity,
up the case to the jury, who, after a deliberation of tifavir
minutes, returned a verdict of Guilty against the whole
of the prisoners.
A previous conviction was proved against Jennings.
Sentence deferred.

August 24,
CROWN SlDE.—(Before the LQED CalEr BARON).
William Swanston was indicted for the murder of his
wife at Wigan.
Mr. Sergeant Murphy and Mr. Segar conducted the
prosecution. Thp prisoner 'n,sdpfpndpd by
and Mr. James.

It appeared that on the evening in question the prie
walgi, dame hums from the factory in which he wAR eril-
ploypa as an overlpoker, He went up stairs, and found
his wife lying intoxicated on the floor. It would ap-
pear that he had given her a kick in the hinder part of
her person, and shortly after he came down stairs and
mentioned to a little girl, his eldest daughter, that her
mother was drunk, and there was no supper ready. He
afterwards went again pp stairs, and finding his wife still
lying on the floor, apparently in much pain, he carried
her down, put her in a chair, and sent for a doctor. by
the time he arrived, the seat on which she sat and her
NJthpa were drenched with blood. The medical man
had her again taken up stairs, and on examination found
that the kick the prisoner admitted he had given her had
displaced the bone at the extremity of the spine, rup-
tured the bladder and some blood vessels, of the hemor-
rhage from which the unfortunate woman finally died.
She was sinking, indeed, when the doctor was firstcalled
in. Some brandy was administered to her, which she a;
first refused, saying she did not like it. The prisoner
then yernark:ed, " i f thou hadst not been so fond of it,
this would not have happened.'' He expressed, how-
ever, great sorrow at what had occurred. He had al-
ways borne an expellent character, but the pnfortu-
nate deceased had latterly been given to habits of intoxi,
cation.

Guilty of manslaughter.—Sentence deferred.
James Purgess was indictment for an attempt to mur-
der his wife,
Mr. Brandt conducted the prosecution ; the prisoner
was defended by Mr. J. Pollocic.
The prisoner was a nmehine.inaker, and about two
years ago, being then Is, was married to his present
wife. They had one child. Some family disputes arose
between the wife's family and him, and he finally sold
off his goods with the intention of going to America,
she returning to her friends. The windows of his
f
fitterrin-lawfs house haring beep broken, the PrisoPer was
accused o haring dope it,
and be asked his wife to meet
him at the house of a mutual acquaintance, to try and
make it up. She did so, and they being left alone in the
house, he asked her to go into the other room. She re-
fused, He then put out the candle, seized her by the
throat, and strangled her, as
she said, until she was
blind, and then with a knife attempted, as she supposed,
to cut her throat. The neighbours hearing an alarm,
broke in the door, and fuund the prosecutor standing on
the floor leaning against a table, and nearly insefisible.
Her throat was much bruised, but no wound had been
inflieted, it having apparently been the back of the knife
which had been used,
Evidence was given of the prisoner having threatened
on more than one occasion to cut his wife's throat.
Verdict—Guilty of an aggravated assault. To be im-
prisoned two years,

OXFORD ClRCUlT—Gloucester, Aug. 23.
CROWN COURT.—(Before Mr. Sergeant ATCHERLEY.)
John Smith, aged 50, a bill discounter, was charged
with forging and uttering an endorsement to a bill of
exchange, with intent to defraud Thomas Gardener.
Mr. Godson (Queen's Counsel) and Mr. Greaves con-
ducted the prosecution; Mr. Keating, Mr. Cooke, and
Mr. Gray, the defence,
This case was rendered more interesting than similar
investigations usually are from the singular circumstances
disclosed in the progress of the inquiry.
The prosecutor and prisoner had been intimate asso-
ciates for years in the business of hill discounting, but
had recently disagreed. The alleged forgery, an en-
dorsement to a bill of exchange drawn by prosecutor,
took place in March, 1842, when notice of its being dis-
honoured was given to the prosecutor by the attorney for
the prisoner, who commenced proceedings against the
acceptor, and recovered the amount in an undefended
action at the Gloucester Summer Assizes, 1543. In
March last, a bill for forgery was presented to the grand
jury, without any previous inquiry before a magistrate,
when the trial was postponed to these assizes, the pri-
soner being admitted to bail. Numerous witnesses were
called to state their belief that thp endorsement was not
in the prosecutor's handwriting, but, as usual, they all
varied on cross-examination as to the parts of
blance and non-resell-)I4PN?
After a very powerful and searching speech from Mr.
KEATING,
The Learned JUDGE summed up the evidence, and a
verdict of Acquittal w as pronounce 4.
The trial lasted until half-past ten at night, when the
business of the assizes closed.
At one o'clock Chief Justice Tindal left the town on
of Error upon the Irish State Trials, which is to be de-
his way to London to prepare the
.11Adgment in the Writ
livered on the 2d of September. On the 4th of Septen.
ber we understand that that very learned and most ex-
cellent person starts on a continental tour.

WESTERN ClRCUlT.—Bristol, Aug. 23.
(Pefore Mr. Justice 1.-.).l7TEgox find a Special Jury.)
PARFITT v. THOMPSON AND OTHERS.

Mr. Crowder, Mr.. Sergeant Manning, and Mr. Ball
conducted the case fur the plaintiff, and Mr. Cockburn
and Mr. Butt that fur the decepdapt§.
This %Akin was brought to recover the amount of the
loss on a policy of insurance for 2,0001., which had been
effected on a vessel called the " Hutchison" by the Forth
Marine Insurance Company, of which the defendants
were members. The ship was built in 1825, arid pur-
chased by the plaintiff in 1838, when she was repaired
at ar. expense of 1,500!. In 1841 she was chartered by
Laurie, Hamilton, and Co., on a voyage to Sierra Leone,
and then this insurance was effected. On the 10th of
March, 15/1, the ypssel 5;110 frpm Bristol, under the
command of 'Captain White. In tbe Bay of Biscay the
weatherlwas very bad, but the vessel arrived in the Main-
couri river on the 15th of April, where it remained till
the 9th of July, when she sailed for pighttyll. W4en
off the Isle co Los there was very rough weather, but
when off Cape Verd, the windlass, anchor, &c., were
lost, and the vessel became leaky, and with some diffi-
culty reached the Gambia liver. An agent of Lloyd's
then survpyed the yessel and it being Ruud necessary
that very considerable repairs must be done, and which
could not be completed there, it was considered best to
sell the vessel, which fetched 4111. The defendants
contended that thpy were net liable far a total lass, but
only a portion, and they paid 400 j. into ()out, and
alleged that the question was, whether the vessel had
sustained the damage by the perils of the sea or through
unworthines,

Mr, Justice PArtHsow having summed up.
The jury returned a verdict for the plaintiff, the
amount of damage to be regulated by Mr. Powell, of
London.
Several common jury eases have been tried, but they
have been chiefly brought uller the Inter')leader Act,
to determine as to the proprietorship of goods and fur-
niture, and their interest was confined to the locality.
q

CENTRAL CRIMINAL COURT-
OLD COURT.
(Before Mr. Baron GURNEY and Mr. Justice WIGATMAN.)
The Court was occupied in the early, part of yester-
day in disposing of cases of an atrocious character,
the details of which are not fit to meet the public eye.
.Tohn Joyce, 20, a young man of very respectable
appearance, was indicted for feloniously demanding
money of Frederick Randall, under a threat of charg-
ing him with an offence of the above description.
Mr. Ballantine conducted the prosecution, and the
prisoner was defended by Mr. Clarkson and Mr.
Bodkin.
The particulars connected with the charge are unfit
to be published. The prisoner was said to be re-
spectably connected.
The jury returned a verdict of Guilty.—Judgment
was respited.
Henry Brow; 41, Emma Brown, 16, and Eliza-
beth Jones, 23, were indicted for feloniously making
counterfeit shillings and sixpences, and also for hay-
ing in their possession moulds calculated to make
counterfeit coin.
Mr. Bodkin conducted the prosecution.
It appeared, from the evidence, that, from informa-
tion received by the parties, an inspector, named
Penny, accompanied by Sergeant Brennan, and a
constable named Redman, proceeded to a room in one
of the houses in Broad' Arrow-court, St. Luke's,
where they found all the prisoners busily engaged in
the act of coining, and surrounded by the implements
made use of by persons of that description. They all
made a violent resistance, the man attempting to
swallow four counterfeit shillings, and was nearly
choked before the officers could get them out of his
mouth. The women also resisted, and when they
were at length secured, they said they had had quite
enough of this country, and should be glad to
get out of it.
The prisoners, in their defence, declared that they
were the victims of a plot laid by a woman named
Allen, who had placed the things in their room, and