The Sun.
London, England, 1845-12-10 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT..-Liverpool, Nov. 8.
Mr. Baron Parke and Mr. Justice Williams sat at
eleven o'clock to-day, and proceeded with the business
of the Winter Assize. The calendar is not heavy,
and their Lordships will, it is expected, finish the busi-
ness in the course of the present week. The calendar
contains a list of sixty-two prisoners. Of these, four
stand charged with attempts to murder in various ways,
four with rape, four with manslaughter, ten with cutting
and wounding, and six with burglary.
(Before Mr. Baron PARKE.)

CURIOUS CHARGE OF ASSAULT.--The Rev. Thomas
Cater, Edward Rayner Hiyhton, Chiles Bromley,
Robert Evans, and John Jones, were indicted for an
assault on John Reed Miles.

Mr. Monk conducted the prosecution ; the defence
was conducted by Mr. Brandt and Mr. Drinkwater.
This indictment was preferred and found at the last
assizes, but the parties having traversed, it now came on
for trial. The defendants are connected with the
borough gaol, Mr. Carter being the chaplain, Mr. High-
ton the governor, Mr. Bromley one of the turnkeys, and
the other defendants are engaged about the gaol in other
capacities.
Mr. MONK stated the case, and called the prosecutor.
It appeared from his statement that he was appointei as
schoolmaster in the gaol, in the year IS4I, and had con-
tinued in that office up to April in the present year,
when the transaction took place, which resulted in this
indictment. On that day, the 16th of April, he had a
conversation with Mr. Highton, who showed bim some•,
anonymous letters which had been sent to the magis-
trates, and which complained of Mr. llighton's conduct.
Mr. Highton said that sonic of the things stated in the let-
ters were true, and some were not so; that he bad ad:nitted
the truth of some of the complaints, and the magistrates
had forgiven him, and that they had further handed him
letters that he might ascertain whether they had ema-
nated from any person employed in the gaol, in which
case he bad the power of dismissing the party on the
instant. Mr. Highton intimated his suspicions of a per-
son known as Scotch Jemmy, who was employed as a
mason in the gaol, and whose son he had dismissed, and
requested the witness to endeavour to ascertain Scotch
Jemmy's feelings towards him. -The witness suggested
that a few glasses of whisky would probably be the most
successful means, and requested Mr. Highton to leave
the modus operandi to him, saying that by Saturday he
thought he could ascertain the state of Scotch Jemmy's
mind towards Mr. Highton. In the course of the same
day the witness saw Mr. Carter, who said that Mr.
Highton was about to make some inquiry. The witness
said he thought that was rather premature, after the ar-
rangement he had made with Mr. Highton about Scotch
Jemmy. A short time after, however, he was sent for
to the governor's house, and there he found arrange-
ments made for the inquiry, a table being set out in the
parlour with writing materials for too persons. Mr.
Highton and Mr. Carter were there, as well as a gentle-
man of the name of Archer, the surgeon to the goal.
Mr. Carter said they were about to call in c-rtain par-
ties to examine, and that the witness would be required
to assist. Witness said he would go over to the other
side of the room, where he could tee the faces of the par-
ties under examination. Mr. Carter replied, " No, no;
we want you to sit down there;" pointing to one of the
desks, and appear to be assisting in a friendly manner.
That will lull suspicion. A number of persons were
examined, Mr. Carter and the witness both taking notes.
Mr. Carter put the questions. While the examination
was going on witness heard some observations made,
either between Mr. Archer and Mr. Highton, or Mr.
Archer and Mr. Carter. The parties were at this time
rather behind him. and he could not sae who spoke, but
the one said," It is not like that;" to which the other an-
swered, " Wait, the paper runs." This observation at-
tracted his attention, and induced him to suppose there
was another object in the arrangement which had been
made, different from the professed one. The examina-
tion continued, however, till about five o'clock, when
Mr. Carter got up, looked at his watch, and, gathering
his papers together, said the further investigation had
better be postponed till the following day. Witness ga-
thered up the papers which he had written, on which
Mr. Carter desired witness to hand them to him. Wit-
ness declined, saying they were to guide his mind in the
inquiry as to Scotch Jemmy. Mr. Carter insisted on
having them, and the witness refused to give them up
until, as he said, he had taken a copy of them. Mr. Car-
ter again demanded them, and said they were his, and,
the discussion waxing warmer, the witness said that what
he had heard induced him to think the whole was a trick,
and that he would lay the papers before the chief magis-
trate, with his own comments. Some further conversa-
tion took place, and Mr. Carter said he would send
for a magistrate, to which the witness replied that they
must let him have a messenger to send for a legal ad-
viser. Mr. Highton then went out of the room, and
came back with a card in his band. He wrote something,
and showed it to Mr. Carter. Mr. Carter said, " No, we
must use force." Both then came round (Mr. Archer
had previously left the roam), and Mr. Highton rapped
on the door, on which Mr. Bromley entered. The wit-
ness then gave the papers a twist as if about to tear them,
when he was seized by the parties and a struggle took
place, in the course of which the other defendants came
in and assisted. He was finally deprived of the papers.
and was taken to the officer's lodge very much exhausted.
He afterwards left the gaol, but could not get home, and
was assisted to a public-house near by a person of the
name of Buckley. He went home in a cab, and was fur
some time under medical care.

In cross-examination, he declined answering whether
he had circulated placards through the town reflecting
on the character of the defendant. Was examined before
the visiting justices respecting this matter ; and has not
since acted as a schoolmaster in the gaol. The reason
for keeping the papers was what the witness had over-
heard, not that he wanted them to guide his inquiry as
to Scotch Jemmy.
It appeared, from the testimony of William Salisbury
and William Buckley, who saw the prosecutor after this
occurrence, that he then seemed very weak and ex-
hausted. It appeared from the evidence of the medical
man that he showed great difficulty of breathing and
complained of intense pain in the head. There were,
however, no serious external marks of violence.
Mr. BRANDT addressed the jury•for the defence, con-
tending that, even on the showing of the prosecutor
himself, who, having closed the mouths of all the de-
f•ndants, was there to tell his own tale, they had acted
with great forbearance and discretion. They had a
right to insist on the prosecutor giving up these papers;
they expostulated with him—they proposed calling in
the intervention of a magistrate, and it was only when
the prosecutor was on the pint of destroying them that
they used force to get them back, and no more force
than was absolutely necessary.
His LORDSHIP summed up; and left it to the jury to
say whether the defendants had assaulted the prosecutor
for the purpose of recovering papers belonging to them, in
which the prosecutor, as their clerk or servant, or hold-
ing himself out as their clerk or servant, had been
writing, and whether they used more violence than was
necessary for that purpose.--Verdict, Not Guilty.