The Sun.
London, England, 1845-08-26 00:00:00

ASSIZE INTELLIGENCE.

NORTIMRN cluculT.—Liverpool, Aug. 22.
( Before Mr. Justice CRESSWELL.

BREACH OF PROMISE OF MARRIAGE.—PASS V. POTTS.
This action was brought to recover damages for a breach of
promise of marriage. The defendant pleaded, first, that he did
not promise ; secolid, that reasonable time for the marriage
had not elapsed before the commencement of the action; third,
that the plain iff did not ask the defendant to marry ; fourth,
that the defendant, at the time of making the promise, was not
twenty• one years of age ; fifth, that the plaintiff procured the
defendant to make the promise by means of fraud, co:in, and
misrepresentations of the plaintiff and others who counselled
the plaintiff; and sixth, that at the time the defendant made
the promise he was so excessively drunk that he was altogether
disabled from making any good and valid contract or promise.
The Attorney-General (Mr. Wortley) and Mr. Web-ter
were counsel for the plaintiff; and Mr. Watson and Mr. Hog-
gins for the defendant.
The ATTORNEY-GENERAL said, that although the terms of
the last plea were such as to excite some merriment, the matter
would turn out to be far more serious, and that the defendant
would be taught that it was not matter of joke. This
was an action for breach of promise of marriage. The
plaintiff was a young woman, of the age of twenty, who came
forward to co,nplain of the wanton and unprincipled ahan-
dcnment of a promise calculated at all times to injure the
feelings of any woman, and to injure, if not her character, at
least her prrepects in lite. He was happy to state that in this
case the character of the plaintiff was above suspicion. The
parties were both in a respectable station of life. The plaintiff,
Miss Pass, was the daughter of a respectable person, formerly
in trade as a butcher, at Sheffield, but now the owner of some
collieries and land at Pit's•mosr, near that town. The plaintiff
was the eldest daughter and was twenty years of age. The
defendant was also a young person who *had attained his ma
jority in the month of March in this Tear. lie was the son of
a late lieutenant in the army. He was in the possession of
some property in the East Riding of York, on the sea coast.
In the year 1e43, Mr. Pass and his daughter were at Hornsea,
where they lodged at the house of a tenant of the defendant.
At that time the plaintiff was in her nineteenth year, and a
young person of considerable attractions. The plaintiff and
defendant walked out together. At. the earnest solicitation
of Mrs. Pass, the plaintiff was allowed to remain a fortnight
longer, and the defendant went with her to Hull, when she
left for horse. In the summer of 1844, the defendant went
to Sheffield, and visited some ladies of the name of Oakes,
and whilst there he met with the plaintiff's brother, and he
expressed a wish to renew his acquaintance with the plaintiff.
He afterwards went to the house of the plaintiff's father, where
he paid considerable attention to the plaintiff, and eventually
promised to marry her when he was twenty-one. He attained
his majority on the 9th of March, and appointed the 3d April
for the wedding-day. The dresses were ordered. The de-
fendant wanted to be married in a week. Walked out with
her amongst her friends and introduced himself as her future
husband, and he asked her uncle to go with the party to church
and give the bride away. He then said he would go to see
his guardian, and left under the promise to return in a week.
He never came back or wrote any explanation of his conduct,
but after an absence of some weeks he went to the house of
Mrs. Granger, at Sherborne, near York, and when asked to
explain his conduct, he either did not or could not do so, but
merely said he was much attached to Miss PASS. Mrs. Pass
asked him what was the reason for treating her daughter in
such a way. He wished to see Miss Pass, but see then refu•ed
to see him, and he had the effrontery to tell Mrs. Pass that he
positively denied making any promise at all.
The mother of the plaintiff and other witnesses were called,
who proved the courtship, the promises of the defendant, and
the preparations for the wedding.
Mr. WATSON addressed the jury for the defence. He con-
tended that, ahhough the AttegeeyeGeneral had opened the
case as one of great ef,YeYity, it was quite clear that no sieth gra..
vity belonged He ridiculed the idea of there having been
any le-,,raise made, and appealed to the jury Whether) OVPriif
there had been a promise at all, it teat well that it had not been
effected, far it would have been a hasty, ill-conditioned match,
made be a mere lad, raw from school. He blamed the father
of the plaintiff for not having consulted the defendant's guar-
than upon the subject, and he thought that eery §light damages
would be sufficient to meet the justice of the case.
Ineeettle, in summing up, went through the pleas, re-
, Marking that the defendant had better tint have eheefeed the
plaintiff with having extorted the promise by fraud or eosin.
And then came that most singular plea of drunkenness-- x plea
which, if true, eat not calculated to otalt the enaracier of the
defendant, and the feelings of a lady who wisher. to marry a
confirmed drunkard could not be very refined, I'M it hap-
pened that the defendant had not made out his plea. It would
be for the jury to decide what damage ought to be awarded,
No doubt both plaintiff and defendant were very young; bet
there was no proof that the defendant was a fool end did not
know what he was about.
Verdict for the plaintiff—Damages 2001.
(Before Mr. Baron Rotrz.)
CHARGE OF AIURDER. —George Ilia, Rged 26, master
mariner, was charged with the wilful murder of Ben Jonson, On
the high seas, within the jurisdiction of England, on the 2d o
May last, by striking, kicking, and throwing him down uponf
the deck of a certain vessel, and also by beating him with a rope
and a paddle. The prisoner pleaded not guilty.
Mr. Brandt and Mr. Pagetappeared forth
e prosecution,
and Messrs. Wilkins and James for the prisoner.
William Angus, the first witness, said.-1 was cooper and
seaman on heard the brig Challenge, on a voyage
to the coast
of Africa from Liverpool. I joined her on the coast, and came
home in her. The prisoner was the n
captal • On Wednesday,
the I 1 th of Fel:Hilary, ere ssepeed •a seaman, h
tor named Ben
Jenson, a kroo-nrin. He was about twenty-eight thirtyh
years of age. On, the night of the Ist of
May, I •
captains watch from twelve to four o'clock.Tlerewwa :en alsote
in the watch Henry Holmes, the second mate, Wna.eL ,
an apprentice, and the deceased. About halt-past two o'clockyons
the deceased was eitaing on the combings of
the compani
on,
just at the top of the companion ladder. He appearedatoben, asleep. I was sitting alongside of the grating, on the star-
board side, where the man at the wheel stands. I saw
the deceased fall driven stairs. Cannot lay what height they
are. I heard him strike twice in falling. Then the
ca
':called out from the cabin, What is that noise?" The second

mate then went down stairs, and he called to me to come and
pull Ben Jonson up out of that. I did not go, for when I got to
the companion, I found Jenson about half way up the ladder,
coining up by himself. I laid hold of him by the collar of the
jacket, and asked him why he had fallen down there. He
rested himself, with his arm upon the top of the companion,
ant said I have been too much sleepy.
By the jury—He got up himself.
By Mr. PAGET—Though I got hold of his collar, I did not
give him any assistance. When he rested on the companion
he stood upon the deck. I told him to go and lie down along-
side of the grating on the larboard side; he dui so. William
Lyon was at the wheel at the time. The second mate came
on the deck immediately after, followed by the prisoner. I
was standing on the larboard side at the time. The captain
said, where is that fellow now ? I showed him, and the
prisoner then went and got a rope which is kept on board for
the purpose of flogging with. He then gave Ben a slap with
the rope. The deceased wheeled himself right round and
tried to get forward. The captain caught him by the
back of the jacket and pulled him down on the deck,
and commenced beating him with the rope and
kicking him with his feet at the same time. This
continued for the space of ten minutes or a quarter of an hour.
I could see what was going un. The moon was not out, but it
was not very dark, and there was a light in the binnacle. See-
ing the punishment going on, I went away to the starboard side
of the quarter-deck, for I could not stand alongside any longer.
Heard the prisoner say, " D—n that rope, it is too light to
make him rise," and he reached his hand over the grating and
got a canoe paddle, with which he commenced beating the de-
ceased. The paddle was broken. (The pieces were produced
with marks of blood on them.) The prisoner heat him on
every part, wherever he could get a blow at him, for three or
four minutes. I sat down just abaft the mainmast. The cap-
tain then told me to haul the deceased out of the round-house
on the main-deck, and to fetch a bucket of water, which I did
I then poured the water on the head of the deceased, by the
orders of the captain. The deceased was lying with his face
downwards, and blood was sowing from his head or mouth. I
heard a gurgling noise in his throat. When the captain gave
the deceased the first blow with the rope, he gave a groan, but
never spoke afterwards. After the beating, and whilst the
deceased was lying ou the quarter-deck, he made a snoring
noise as if there was s imething in his nostrils, when the captaill
said, " If you lie there snoring, I'll give you some more of it."
I afterwards removed the deceased to abaft tae galley by order of
the captain. I was relieved from deck at four o'cl ,ek, and
Came on again about ten minutes past eight. The deceased
was then lying at the windlass. I went to the wheel and con-
tinued there until twelve o'clock. At that time Ben was dead.

Shortly after eight o'clock the captain and the chief mate
( Ritson) came on deck, when the captain asked the latter if
he heard the noise in the night. The mate said he did, and
then the captain asked how Ben felt after his heating. The
mate replied that he supposed Ben was dead by that time, and
the captain and Ritson went forward. About a quarter-past
twelve the deceased was put overboard.
Cross-examined by Mr. WI nxiss—The deceased made a
tremendous noise in falling. I laid hold of the collar of the
deceased's jacket and pulled him up. Part of the paddle was
thrown overboard by the captain, but I did not see him do it.
Ifave not heard the captain complain over and over again
about the paddle being broken. Had no doubt the deceased
was dying at the time the captain was beating him. Upon my
oath I saw Lyon bring a lamp on deck, but cannot say whether
it was Holmes or Lyon who took it to where the deceased
was lying. When 1 moved the deceased farther forward
I dragged him by his legs. The crew consisted of nine
persons. About seven weeks before we reached Liverpool a
man stabbed the captain, and he was kept in irons until we got
into port,
Re-examined—ln pulling up, the deceased gave him little or
no assistance. Meant by saying I had no doubt the deceased
was dying, that I did think he was dying. Have never seen so
thick a rope used in flogging before. Had seen the carpenter,
who stabbed the captain, repeatedly flogged previously. I was
never flogged by the captain.
By the Foreman of !the Jury—The captain had flogged the
deceased the night before, to which he made no resistance.
The crew also were frequently flogged by the captain without
resistance. Cannot say whether the deceased fell down head
or feet foremost.
Henry Holmes, examined by Mr. BRANDT—Was second
mate on board the brig Challenge. Recollects the deceased
Ben Jehnson being taken on board. When the deceased
reached the top of the stairs on the night in question, he
rested on the top of the companion for a few moments, and
then laid down on the deck. Shortly afterwards the captain
came up, took up a rope, and commenced flogging the de-
ceased. At intervals the deceased screamed out. The captain
brat him for about ten minutes, and then seemed to be tired,
and said the rope was too light. He then took hold of a
paddle, and beat the deceased with it. He struck him re-
peatedly about the head and shoulders. The deceased was in a
stooping position, and ran against me with his head. The
prisoner got hold of the deceased, dragged him back, and again
comm need beating him. The deceased left a mark of blood
on my trousers, where he had run against me. Lyons was then
at the wheel, but he was sent down into the cabin by the cap-
tain to fetch the lamp. lie remained some time below, when
the captain told him to hurry up, or he would warm hire also.
When the lamp was brought up I examined the deceased. The
head and face were covered with blood, anti there was a large
quantity of blood on the deck. The no e was cut through, anti
also the lip, and there was a wound like a stab on the throat,
under the jaw. His hair was clotted with blood. The captain
sow him at the time. He then called to Angus to take him

away, and throw .some water on him, which lie did, and also
washed the thick blood off the deck. Saw the deceased a little
after eight o'clock lying abreast of the galley. He appeared
only to be ju,t alive. They went to the fore-top, and from
thence saw the cook and captain give the deceased something
out t,f a cup with a spoon.
Cross•ezamined—The deceased hail been in the habit of

falling asleep whilst on watch. The deceased was going up
stairs slowly because be hed his trousers banging about his
heels. Some of the crew were the best behaved in the world,
and cannot assign any reason for tne captain flogging them. •
William Lyons, apprentice on board the brig Challenge,
corroborated the evidence of the two last witnesses, except that
he did not see the paddle used. lie added that the deceased
died about eleven o'clock, previous to which he gave him a
little water four times, and the captain administered some
spirits of hartshorn. mixed with water.
By the J Des —When the deceased tame up out of the cabin
there was no b:ood or cuts abut his face that I saw. Did not
ask .whether he had hurt himself. He did not say anything.
Saw some spots of blood on the top steps of the companion
stairs.

William Ritson examined—l was chief mate on board the
Challenge. Heard the noise on the night in question, but
did not come on deck until four o'clock. Shortly after, in
consequence of what Hughes said to me, went and found the
deceased lying between the main hatch and the galley, on the
larboard side. I looked at him, but could not see what was
the matter, as it was not daylight. Spoke to him, but received
no answer. When it became daylight, about half-
past five, went to him again. Found his face cut. He
was lying amongst a great deal of bloral. His nose
was cut in two, and the wound extended into his
cheek. One part of the nose was about half
an inch from the other. The upper lip was cut, and there were
two cuts in the throat—one, a kind of stab, about half an inch
long, appeared to have been done with a rough instrument of
some sort. It might have been inflicted with the sharp end of
a paddle. Removed the deceased to a dry part of the deck,
and turned him on his side, when a great quantity of blood
came out of his left ear. He could not speak then. Saw him
again a little after ti o'clock. The captain then came on deck,
and asked me how Ben was after his rope's-ending. I told
him I did not know; he was lying on the forecastle. He went
and looked at him, and then came hack, and said Ben's nose
was cut or broken in two. We both went forward to look at
him, and the prisoner sent me for some Fryar's balsam to apply
to his nose, which I fetched. I then went to bed. About
half-past I t the captain came and told me Ben was dead.
Saw him at 11 o'clock. The captain then said, "We
must bury Ben." I said we had better examine him first.
then examined him. The prisoner was present. I said I thought
the bone at the back of his neck was a good deal higher than
my own, but. I did not know whether I wao built the same way
as black fellows or not. The prisoner felt the bone. I said
Ben had broken hia neck. Then the prisoner called Phillips,
the cook, and the cooper to examine the neck. Phillips said
his neck was not broken, and the bone was no bigger than his
own. The prison,r said the reason why he wished the bone
examined Wil3 because some of the people might call hint up
fir it in Liverpool, and say he had killed Ben. He was thrown
overboard about one o'clock. Made an entry in the log-
book from a copy given to me on a slate by the captain. Wrote
down a statement on the slate, and had copied the first three
lines in the log, when the captain came to me, took the slate
from me, and rubbed off my statement, and wrote another of
his own on the slate, which. he told me to copy into the log-book.
Cross- examined--1. he captain never threatened to disrate
me, and has never said so. We were in 32 deg. 33 min. N.
latitude at the tittle.' I could not see the blood when 1 first
came on deck. There was as much blood as covered one side
of the deck fore and aft. There was as much clotted blood as
would fill both hands three times over, besides what others had
thrown overboard.

jThe entry in the log was then read. h attributed the cause
of the deceased's death to having fallen down the cabin stairs and
broken his neck, and stated that the bone had protruded ]
Mr. Francis Archer, surgeon, stated that in his opinion the
injuries described were
.sufficient to cause death. Had the
deceased injured the spine or dislocates! the neck, the body
below the part would have been paralysed, so that he could not
have walked up stairs. The brain might have been injured so
as to produce death in a few hours, and yet he might have
walked on deck. Had the brain been injured by the fall the
treatment he afterwards receised would have accelerated his
death.

Mr. WstAtiNs addressed the fury on behalf of the prisoner.
His Lonn,stsr summed up, observing that the inquiry was
a very important one, both as regarded the prisoner and the
public. The jury would have to say whether they believed the
statements of the several witnesses, and, if so, whether the act
of the prisoner amounted to murder or manslaughter. After
pointing out the legal distinction between the two offences, his
Lordship proceeded to analyse the evidence. He remarked on
several discrepancies in thestestimoney of the several witnesses,
anti iieretal eirCittnstancts in the details of their cenduct which
it seemed difficult to ace cunt for. He observed, in the entry in
the log the first three lines were said to have been written
without any interference of the captain, and which was totally
different from the statement now made by the witnesses Angus,
Lyon,
evidence,
and Holmes, from whose relation the mate must have
originally compiled it. It was difficult also to account for the
entry by the mate of what he now said was a false statement in
thev d
e log,hc or to suggest
him to do so. His Lordship, after going minutely through the
e, pointing
ue,t a motive of sufficient weight to induce
g out
ip thebearingsthevarhioaunsdsof t j
for and
w who, after
prisoner, left the ca
con.m!tation of nearly two hours, brought in a verdict of Guilty
of Matislatighter,
in
the Theuprisoner, on being called on by the Clerk of the Crown
said—lt appears to me that anything I can
no* ray %tilt have very little avail, but I will say this much,
that so far from being guilty relative to the crime of which I
' am charged, I am A 3 innocent as any person now present.
llis Ltial"fr, in passing sentence on the prisoner, said that
the jury, after a most careful elimination of the case, had come
to the. conclusion that he was guilty of the offence of man-
slaughter though they were of opinion he did not in-
tend. to take away the life of the unfortunate man, it was im-
r°"ll4° to honk upon the case as other than one of the worst
that ever came before a 4:atirt. It had been said that the whole
of the evidence adduced was the result of a conspiracy, and lie
(the prisoner) had declared he was entirely innocent. The
truth of that asseveration was known to God and his own con-
science, but if it were so, there had that slay been exhibited a
scene of wickedness unparalleled its a court of justice. His
Lordship then proceeded to pas; on the prisoner the sentence
of transportation for

'IT"! - -
csll
' •'en was indicted for
CHARGE OV MURDERL'Utriu. •na ,;t4°n.
, in the month of
Juno last.
the murder of Michael Duffy, r.t War,.
Mr. James and Mr, J. Pollock conducted tn,. .
the prisoner was not defended by'coonse!.
It appeared that the deceased was a chair...mender, livii„
Warrington. On the tiith of June kit, being Sunday, he was
at a public house there, called the White Bull, where he met
a party of his acquaintances, consisting of a Mrs. Connor,
Joseph Williams, Mrs. William' s (his wife), Mary Flannagan,
Jerry Dagnall, and James Maloney, all of whom were wit-
nesses on the present occasion. They had a good deal of ale
together, but were net, it would appear, at all intoxicated.
Patrick O'Brien, with another man, was sitting at the other
side of the room ; bat, so far as appeared, had no quarrel with
soy of the party
accompanying the deceased. They left the
public-house about half-palt eleven o'clodc, and went to the

• prosecution ;

at

house of Mts. Connor, where several of the party lived.
Patrick O'Brien ►eft at the same time, and W4S heard by
Williams to say he would have a revenge of some one before
he slept. A little after he was at the door of a person called
Mrs. Gill, and was endeavouring to bargain with her for lodg-
ing for the night, but was refused. He was then seen by one
Bryan Duffy, a relative of the dec,ased, who was passing along
the street. He came up to Duffy, and putting his hand on
his shoulder, said, "Is that you ?" Duffy said it was, and
O'Brien, after looking earnestly at hint, went away in the
direction of Mrs. Connor's. lie had then a brick or stone in
his hand.

It appeared from the statement of sever,l of the prty who
had gttre to Mrs. Connor's, that shortly after they had entered
the house it was agreed to send for some more ale, and the male
portion of the party went. away to fetch half-a-gallon. While
they were absent Patrick O'Brien came into the house, and
asked for a light for his pipe. It was given to him,and he then
asked if he could beg a pipe. Mrs. Connor said she neither
sold nor lent pipes, and bade him go about his business. He
said, " I am not c me as a spy, Mrs. Connor," and went away.
When the ale was brought they sat down to drink it, and some
time after Williams and the deceased, Michael Duffy, went out
into the street. Williams was standing close to the door and
the deceased was four or five yards off him, when the same
Patrick O'Brien, whom they had seen at the public-house came
up with a brick or stone in his ha,d, and corning within a
couple of yards of the deceased, hit him IA ith it on the fore-
head and felled him to the ground. He then ran away. Duffy
was assisted into the house, and it was found that he had re-
ceived a severe cut on the temple, which was bleeding freely.
He erasable to be about, and engaged in his usual occupations
•for about a week, though complaining of much pain, but he
then got worse, and finally died. On a post mortem examina-
tion, it was found that there was a fracture of the skull and an
effusion of blood on the brain, which had caused his death.

The Patrick O'Brien of whom the witnesses spoke had been
employed at some chemical works near Warrington, and had
been preciously known by sight to nearly all the witnesses,
though none of them had been on intimate terms with him.
One, who heed in the Angel-yard, at Warrington, had seen
him very frequently some months before this occurrence, as he
was in the habit frequently of calling at a house in the same
yard. They all, however, seemed now to be doubtful of his
identity, and the prisoner declared he was not Patrick O'Brien,
but that his name was Lea, and that at the time of this occur-
rence he was in Ireland. They said that they thought the
prisoner was the man, but they could not be certain, as his
appearance was in many respects different. The person who
committed the assault on the deceased had large sandy
whiskers, and his hair, they thought, was thicker in the front,
while the person now at the bar had his whiskers close shaved,
and his hair was thin on the forehead, apparently from natural
baldness. The prisoner had been apprehended and lodged in
Cavan gaol, in consequence of an advertisement and descrip-
tion in the Hue and Cry. Bryan Duffy, one of the witnesses,
was sent for, and on the prisoner being placed before him, in
company with several others, selected him as the individual
whom he had seen in the streets of Warrington on the night
in question.
The pris ner was finally acquitted.
CHARGE OF MURDER ON THE HIGH SEAS.—Michael
Moore was indicted for the wilful murder of John Campbell
04 the high seas.
Jr.A Blair and Mr. Drinkwater conducted the prosecution ;
Mr. Atkinson was assigned as counsel for the defence.
The deceased, John Campbell, was, it appeared, boatswain
of a ship called the Mountaineer, which on the 29th of March
last sailed from New Orleans, on her voyage to the port of
Liverpool. The prisoner shipped at New Orleans as an able•
seaman. On the 14th of April the vessel was getting clear of
the Gulph of Florida. The mate's watch had been sat to work
about 1 o'clock of the afternoon of that day. It consisted of
11 men, including the prisoner and the deceased. About
2 o'clock the mate, the deceased, and another sailor were
engaged on the forecastle, getting the anchor on the rail.
The mate was standing on the rail, and the deceased
was about a yard behind him. The prisoner was near
the windlass. Mr. Barrow, the mate, heard the de-
ceased cry out, " Look out, Mr. Barrow." He half turned
round and looked up aloft, where some of the watch were
employed, when he received a push on the back, he did not
at the moment see from whom, which threw him over the
rail, but falling across the flying jib guy, he succeeded in
recovering himself. On looking round, he saw the prisoner
running past the windlass end towards the starboard side of the
ship. He followed and seized him. He was not at that time
aware the boatswain had been injured; but on returning
towards the forecastle he found him being assisted by two men
aft, and on examination it appeared he had received a stab in
the belly in the region of the stomach, from which blood and
froth were oozing. Near the spot where the deceased had
been working was found a knife which belonged to the pri-
soner. It was a clasp knife, with a blade about four inches
long, which was covered with blood. The prisoner on being
asked in the presence of the deceased what could have indiaced
him to do such an act, said he was quite satisfied with what he
had done, and wished he had done it before. The deceased
said he felt he was dying, and begged them not to hurt the
prisoner, saying, '° I forgive him, and I hope God will." He
died about seven in the evening.
It appeared from the further examination of the several
witnesses, that the prisoner had had no quarrel either
-with the deceased, the mate, or any of the crew. He
was a good seaman, and had done his duty well. A day
or two after he left New Orleans he was in conversa-
tion with the mate, and said he was very sorry he ever
came on board the ship. The mate asked him why, and he
said the crew were in a plot to throw him overboard. The
mate asked him which of the crew, and he said he did not
know. The mate endeavoured to eradicate this idea from his
mind, but he several times repeated the same expressions both
to him and other members of the crew. The day before this
occurrence he saw the deceased and another sailor reading the
Bible, and he said they were swearing the crew to throw him
overboard. It appeared from the testimony of the surgeon of
the gaol under whose care the prisoner had been after he was
committed for trial on the arrival of the vessel in Liverpool,
that the prisoner complained of pain in his head, and seemed
incoherent in his conversation. He said he had had the yellow
fever at New Orleans. From what the medical man observed
in several long conversations with him he thought the prisoner
was suffering under sub-acute inflammation of the brain, and
prescribed for him accordingly. While he was under medical
treatment he seemed reserved, and rather avoided the notice
of the surgeons, but appeared anxious to be discharged from
the hospital. He seemed much better in consequence of the
medical treatment.--Acquitted, on the ground of insanity.

CENTRAL CRIMINAL COURT.
OLI) coußi.
(Before Mr. Baron PLATT).

ST E•LING FROM THE CU ITOM-HOUSE.L-- William Strick•
land, aged 37, victualler, Edward Lewis, ironmonger, 37, Ifri"..
Bans Bonham, 36, coal•dealer, and Henry Osborne, 38,
victualler, were placed at the bar, the three first indicted for
stealing five watches, the property of Joseph Savory and
another, and the latter for feloniously receiving the same,
knowing them to have been stolen.
The Attorney-General, Mr. Bodkin, Mr. Clarkson, and
Mr. Ballantine were for the prosecution; Mr. Sergeant
Jones, Mr. Prendergast, Sir. Hurlstone, and Mr. Wylde for
the defence.
The ATTORNEY-GENERAL opened the case by detailing the
circumstances, which would be afterwards proved by witnesses.
The box, containing the five watches, had been addressed to
Bombay, and before it was shipped it was examined at the
duck, and then resoldered. Afterwards, however, it had been
re-opened, and these watches abstracted. Two years having
elapsed, the Messrs. Savory were informed by the corres-
pondent who had received the case that such a less
had been sustained. Liquifies were made as to who had been
o n dir. Robinson,utyonthef.3d clerk jly, andtloB4A2l,essr. s
s the prisoners
and Co.,
beingrove
impli-
cated were indicted for the offence.
p
d
that a case, marked A. B. S. in a diamond, had been for-
warded to Bombay, and that it ought to have contained the
watches which had been afterwards stolen. Ile had himself
seen them safely packed, and the case taken to the duck, in
order to be shipped on board the Coromandel.
Edward Scanlan was a searcher in the Customs, and in
June, 1842, was stationed at the West India Dock. On the
23,1 of that month ac was on duty and received a case in tie
Searchers'-office. The case was marked A. rt. S., in a dia-
mond. The case was to have been shipped by the Coromandel.
He examined the case, and it contained the watches stolen.
The case was examined in presence of two clerks and ire
watchmen.
Mr. Robinson was recalled to identify the watches stolen.
He did so by the number and the maker's name.
Mr. Savory—ln 1842 had an order from Bombay, which
he understood to be executed. Subsequently he had a com-
munication from India, and sent out five watches instead of
five watches he supposed to have been stolen
Henry Richard Turner was a Custom-house weigher, and
was on duty at the ".'est India Docks, in June, 1842, as
searcher's cooper. He had received that appointment on the
lit of the month. Bonham and Lewis were also coopers in
that same month. They were stationed in a portion of the
shed No. I, which was appropriated to the use of the searchers
and their men. That was the regular station, but they
went through the ducks in the course of their
business. The duty of the coopers was to open
any packages by direction of the searchers and to fasten them
afterwards, He remembered a case being brought there in
the middle of the month, but he did not know who attended
the examination. He did not. He remembered coming in
one day and finding the cue open, and Lewis and Bonham
putting the lid on again. The case was of fir externally and
lined with tin inside. One of them said, " Come, Harry,
lend us a hand." Strickland was outside at the time. Strick-
land was the shipping officer. He ( witness) did assist in
driving the screws in like nails, not screwing them in. It was
then delivered to the Dock Company. It would then be
Strickland's duty to get a receipt from them for its
safe delivery. He ( witness) thought that Lewis and
himself put the case outside. When he returned he
saw Strickland with the others, and he had a parcel in his
hand containing five watches (one gold and four silver watches)
A consultation took place as to what should be done with them.
One said sell them. Strickland said he should like to keep
the gold one, but this would not be agreed to. Witness and
Lewis then went to a Jew, named Moss, and he afterwards,
on the next day, came to the dock. He believed that for that
night the watches were kept in Strickland's desk. He saw
Lew is also with the package, or what he thought
to be such. Moss came down on the following
day and the watches were produced to him. lie
offered 16/. for them, but that sum would not be given. He
was asked 201. and Lewis went with him to a plate he de-
scribed, but afterwards came back, not having agreed to the
purchase. In the course of the week Strickland produced
151., and gave each of them (that was Lewis, I *slum and
viitness) 51. He (witness) afterwards heard from Lewis that
the watches had been " rechristened," and sold by Strickland
among his own relations in the Isle of Wight.
Cross-examined by Mr. PRENDERGAST—It was not an un-
frequent occurrence to drink brandy and water in the dock. He
did not expect to see watches, but he did not express his sur-
prise. It was not a sense of duty that prompted him to be quiet.
It was the very opposite. It was the first transaction he
was connected with of the kind. Ho was suspended on Nichol-
son's wharf for stealing wine. He knew a Mrs. Eastmeer anti
received 5/. from her in consequence of a letter he sent to
her husband, who was a landing-waiter at the Customs.
To questions from the Learned JUDGE, the witness ex-
pressed that he was suspended in consequence of what he did
in following up the instructions of Mr. Eastmeer. As he had
lost his pay during that period, Mr. Eastmeer promised bins W.,
and that was the money alluded to. He knew of an artificial
flower which he was charged with stealing, but which was
actually presented by a Mr. Austin. He was never dismissed
from the spirit proof room at the docks. knew a person of
the name of Samuels. Had had dealings with him as well as
with Moss in spirits and cigars.
By the COURT—lie had no recollection of having had busi-
ness transactions with any other tradesmen besides Samuels and
Moss.

Henry Laycock, apprentice to Mr. Wale, a tin plate worker,
was employed to solder down the box. After fiinishing the
work t e was sent by Strickland (tie was positive it was Strick-
land), to Blaekwall for some shrimps, on the promise of having
some brandy and water. He left his tools behind him iu the
dock. He believed that Lewis and Bonham were there. After
-ning he got two glasses of brandy and water, and he
that the persons there were the three prisoners and tha

thouwhs
man Turner. (it's employer was called to confirm his evi-
. The ,last,witos. 'to his apps entice coming home rather
dente. He deposes.- 'le, when employed by the Custom-
tipsy. He never in his • case, left his tools behind him.
house to unsolder or resolder . "eat an iron after once ex-
It would take twenty minutes $4
tinguishing the fire.
William Skinner, appointer of we44ers

,t the Weitisadia

_,~;

Docks did, in the month of lune, 1842: appoint Turner,
Brenham, and Lewis to No. 1 shrd in the export. dot.k. They
were on duty that day from eight to four. Strickland was one
of the shiplii.g officets for that day, and he was on du y, as
appeared by his signature.
R. Stephenson, in the service of the East and West India
Dock Company, received three ca.,,s, marked A R S in a dia-
mond, No, 1,2, anti 3, Then were sent to No. 1 dock.

Thomas Hutchings shipped them on the 28th, He believed
they remained two or three (lays in sh, d No. 2.
John Haynes deposed that he was an inspeetor of police, anti
had been for some time employed be the Custom House to
endeavour to discover the stolen watches. and in AuguA last,
in consetpience of informaton he received from a 1,Q-30t1
named Yeomo•na, he went to the house of the ,efer,dattt Osborn,
who keeps the Crooked Billet pubic-house, in Tower-hid.
He went into the bar-parlour with him, and told him he had
come upon very unpleasant bu -loess, and that he hid a search-
warrant, which he showed him. He had before this told him
who he was, and gave him his card. Haviiig cautioned him a,
to what answers he might give, ke asked him whether he 114.(1
not seld a watch two or three years ago, to a person named
Yeomens, and he said he had. ile then admitted that he had
the fellow watch to it, and cave it to him, and he afterwtirds
gave him a god watch Witness told him he hoped he wruld
be able to give a satisfactory account hew he became possessed
of these watches, and he said he had boughs tise of them of a
man who used the bou.e he formerly kept, the Lamb in Lamn's
Conduit-street; a 'd in answer to questions he said he did not
know his name, nor where he lied. Witness asked the de-
scription of the man, and he said he would consider about Riving
that. He then asked what he hal done with the other two,
and he replied he had sold one to his solicitor, Mr. Taylor, and
he did not think he had more than four. Witness asked him
whether it was not an extraordinary thing for a publican to have
possession of five watches, worth 401. or 501., under such c.r-
cumstances, anti he said they were brought to his Louse to be
raffled for. After this Osborn said he had no doubt he should
be able to find the man in the course of a day or two. Witness
afterwards apprehended Strickland, and as he was going out of
the house, he told his wife to send to Osborn and tell him to
take care of himself. Having placed the prisoner Strickland
in the station-house, he proceeded to the house of Osborn, and
finding he was not home, he.went back to Strickland's, and
found Osborn then-, and he said he had been sent for in a great
hurry by Mrs. Strickland, and he then took him into custody.
Cross-examined—A reward of 501. was offered, but this was
not so much to discover the offenders as to obtain a clue to the
watches. He always knew who the thieves were, but they
could not do anything in the matter without obtaining posses-
sion of the watches. Osborn admitted at once that he had
sold a watch to Mr. Yeomens, and also to Mr. Taylor, and
the initials of himself and his wife we-e upon the watches in
their respective use. The Crooked Billet which he at present
occupies is a large and respectable establishment.
Mary Barker was the next witness—She merely proved that
in the course of the year 1842 she saw several watches in the
possession of Osborn in his parlour, and that he said they had
been left with him for sale.

Mr. James Yeomens proved that he had purchased one of the
silver watches that had been produced sod identified, of the
defendant Osborn. lie said, the transaction took place quite
openly, and the defendant asked and received the full value of
the article, viz., five guineas.
This was the case for the prosecution.
The Learned Counsel f,ir those of the defendants who were
charged as principals, then addressed the jury for their respective
clients, and contended that the evidence of the approver,
tainted as he was with crime, was quit,. unworthy of belief,
and that the jury ought not to einvict any man upon such
testimony.
Mr. Sergeant JONES made a very able address to the jury
on behalf of his client, who was charged as the receiver. The
wh• le of his conduct showed that he had acted perfectly inno-
cently during the whole transaction.
A great many highly respectable witnesses were called to
speak to the character of the defendants, all of whom received
a most excellent character for honour and integrity. No less
than twenty-four wittiesses were examined on behalf of the
defendant Osborn.

The ATTORNEY-GENERAL replied.
Mr. Baron PLATT summed up, and the jury returned a ver•
dict of Nut Guilty.

NE W CO RT.
(Before the COMMON SFRGEANT.)
A powerful young man, named Michael Carroll, about :30
or 35 years of age, was indicted for feloniously killing or slay-
James Bristow, by striking him on the head with an iron
poker, and inflicting an injury whereof he lingered and d ed.
Air. it binson, in the absence of :11 r. Clarkson, defended the
prisoner.

From the evidence of a number of witricsses, it was proved
that the prisoner, who is a labourer, working at St. Mary,
Stratford, had a quarrel, on the morning of the 10th of August,
about one o'clock, with another labourer named Williams,
which, after an exchange of Ilan' words, terminated in a tight.
Several persons of Williams' party came to his assistance, and
amongst them the prisoner suffered a see. re beating. As soon
as he could get away he went in seareh of a weapon, and having
procured a poker, he returned to the scene of action, loudly
vowing vengeance. Thus armed and raging, he walked about
for some time brandishing the poker, until the unfortunate
deceased, who was pea .eably going home, and had nothing
whatever to do with Carroll or the previous row, came in the
infuriated man's way, and was struck twice upon the head with
the poker. Of these waunds he died at eight o'clock on the
same morning.
. . .

The jury fo-und the prisoner Guilty.
The Comment SERGHANT, in sentencing the prisoner to
seven years' transportation, expressed his opinion that he ought
to have been indicted for wilful murder.

POLICE INTELLIGENCE.
B:i1V-ST REE

A TzmYrALLER. —JamesWhilton;nd William Cooper were
charged with being drunk and disorderly, and the latter, also,
with assaulting a policeman. It appeared from the statements
of policemen 154 and 33 of the E divi•inn, that the two pri-
soners were fighting in Alfred-street, Tottenham-court-road,
and the witnesses interfering, the prisoner Cooper struggled
violently, and knocked 33 down several times. The other pri-
soner made no resistance, but went quietly to the station-house
with 154.

The prisoner Cooper said that he had made a " wow" six
months ago, which he had carried out by abstaining from
" strong drink of every kind" until Saturday night, when the
term of the said " wow" expired, and he took advantage imme-
diately of his liberation from the self-imposed bond. Not being
used to the effects of " ticker," he did not know what was
enough for him, and was overcome before he was aware of it.
Mr. Twv FORD said that the confinement of last night was a
sufficient punishment for the prisoner Whitton, (who had no.
assaulted the policeman), but he would tine the prisoner
Cooper 51. for the ass.ult on the constable, and, in default of
payment, commit him to prison for one month.

MARKET NE v 4 !.-(YESTERDAY.

CORN—EXCHANGE.
During the week ending on Saturday evening the receipts
, of Wheat of home produce were, the time of year considered,
good, they having exceeded 11,100 quarters, chiefly from
Essex. Kent, and Cambridgeshire. Fresh up only a mode-
rate quantity come to hand, yet the stands were again rather
heavily filled with samples, which principally consisted of
unsold qualities, but which were in good condition. In ad-
dition to the arrivals above noticed, there were on offer
about. seventy quarters of NEW English Wheat, the principal
portion of which was—as was the case on this day se'nnight
—brought forward by Mr. William Blewitt, of Rainham,
Essex. Respecting the general quality of this Wheat, we
have to observe that it was good—much better, indeed,
than most parties were prepared to expect. The whole
found buyers. at prices varying from 60s to 65s per quarter.
Notwithstanding the accounts which have reached us to-day
from the northern districts are not quite so favourable as
could be wished, though in some of the forward counties
several patches of land have been cleared of thin +.heata, the
demand for nearly every description of Wheat of home pro-
duce was in a sluggish state. Ilewever, the finest parcels
were mostly disposed of at prices about equal to those paid
on Monday last. But to effect a clearance of other kinds,
a slight depression in the quotations must have been sub-
mitted to. The weather ti,-day, tleaigh warm, was somewhat
changeable, yet it must be considered favowabl:, to the crops.
The imports of foreign Wheat have been on a very moderate
scale. As most of the importers are looking forward to a
further decline in the duty on that article, very few parcels
have been entered for home consumption since our last.
This morning the quantity on offer was pot large, but fully
equal to the wants of the dealers. Selected parcels sold at
previous rates; but other kinds, although they could not be
considered cheaper, were very inactive. Nearly the whole
of the parcels lately received from Australia-have been
taken out of bond. Corn under lock was extremely
inactive, yet the raes may be considered about statienary.
The show of English Barley was very small ; but a few par-
cels have reached us from Ireland. The show of foreign was
moderate. For nearly every 'kind of Barley, but more parti-
cidarly for grinding sorts, the sale was firm, and last week's
figures were well supported. Although the supply of Malt '
exhibited a trifling increase, superfine season-made qualities
soldfreely, at extreme figures. In other kinds a fair amount
of businesS was doing, at previous quotations. From Ireland,
as well as from foreign parts, we have received rather an
extensive supply of Oats. _ This, had a depressing influence
upon the trade, and in some instances the prices had a down-
ward tendency. Beans were a slow sale, but not cheaper.
White Peas were in good request, at fully ast week's prices;
but other kinds were much neglected. The Flour trade was
dull, at barely our quotations. The few parcels of new Seeds
on offer met a slow sale. In other kinds little was doing.
CURRENCY PER IMPERIAL MEASURE
Wheat, Essex & Kent, Malt—Chevalier. 63s to 645
Red • •
Ditto, White. ••• • . 5411 65s Lincolnsh., Feed. 22s 23s
Norfolk and Lin, Potattoe .• •.••• • • • 22. 24.
coin, Red.• •.. 48s Ms Youghm• and Cork,
Ditto, White ••• • .. 54s 63s - Black. •• • 20s 21s
Irish, Red ••• • • • —a —a Cork, White ... • • 2ls 23s
Ditto, White •••• . • —s —s • Scotch, Feed. • 20s 22s
Rye—Ohl .••••• • • • • • • —a —s Beans—Tick . •• • • 3Gs 405
New. 30s 32s Pigeons •• • • 38s 435
Barley—Grinding. •• .. 25s 275 Pease—Grey. •••• • • .• 385 40s
Malting .•• • • 30s 33s Maple . ..... 38s 43s
Chevalier .••• • • • • 345 —8 White ........... 36s 39s
NLRB—Suffolk and Nor- Boilers ....• •• . • 40s 43s
folk •• • • ..... Ms 595 Flour—Town-made .• • 42s 49s
Brown .••. • . . 52s 58s Suffolk
Kingston and Ware 58s 63a Stoektn & Norfolk 36s 40s
FOREIGN GRAIN AND FLOUR IN BOND.
Wheat—Dantzic ••• • • • 46s to 48s Beans • .
Ilamburgh • • 37s 42s Pease
Barley
Oats -New • l9s 2IaI Baltic ... •••• • • • • 195 215
Feed
SMITHFIELD.
Since this day se'nnight the imports of live stock from
abroad for our markets have consisted of 43 oxen and cows,
together with 100 sheep, 20 lambs, and 6 calves, per the
Neptune and John Bull, from Hamburgh ; as also 113 beasts,
60 sheep, 20 lambs, and 14 calves, per the Batavier, Ocean,
and William Jolliffe, from Rotterdam. The Batavier leaving
encountered a terrific storm on her passage, 26 of the oxen
on board of her were smothered—the remainder being so
much injured that they were killed on being landed. Such
was the bad state in which this stock was landed, that
the beasts were scarcely worth I/. per head. To day, we had
on offer 50 beasts and 60 sheep, chiefly from Holland. As
they were of very inferier quality, they commanded very
little attention, and were disposed of at miserably low figures.
Our letters from Hamburgh and Rotterdam :tate that the
prices of live stock there are considerably on the increase,
with every prospect of a further advance in them. The ar-
rivals at Hull have amounted to 126 sheep and 200 sheep,
chiefly from Rotterdam. Compared with those on Monday
last, the number of beasts from our own districts here to- day,
were on the decrease, and of but middling quality,
though there were some well matte-up animals amongst
them Although the Beef trade was by no means ac-
tive, the primest Scots sold steadily, at prices quite
equal to those paid last week—the middling and
ii feri.o
kinds moving off slowly at barely late rates.
From Norfolk, Suffolk, Essex, arid Cambridge.3lfire, we re-
ceived 800 Scots, Short-horns, and Hoinebreds ; from the
northern grazing districts, 400 Short-horns; from the western
and midland counties, 500 Herefords, Runts, Devons, Irish
beasts, &c. ; front other parts of England, 600 of various
kinds; and from Scotland. 290 Horned and Polled Scots—
the remainder of the supply being chiefly derived front the
neighbourhood of the metropolis. The numbers of Sheep
were small for the time ofyear ; yet they were frilly adequate
to meet the wants of the buyers. For the wittiest old
Downs, which were scarce, the demand was steady, at full
prices; but all other kinds were heavy, and the turn lower.
The supply of Lambs was somewhat on the increase, owing
to which the Lamb trade ruled dull, at barely the late de-

p,e,,,:0n in tho cFotatiotis. C;

lives were in moderate-supply
ice. Prime small Pigs

ard h,:avy
sold freody. Otherwise the

f'ork trade was dull. From
!ilk the ofrEil.