The Sun.
London, England, 1845-12-11 00:00:00

'The- xt lled the causes, and after some
e;-.tl i4w
!.g.nm*Dip4lie last cause answered, but coun-
se‘obktidr filiteing taken out of rotation; ultimately
theltiirdiviatrcause was called on:—

WICKS V. HEAP.
This was an action to recover the sum of 31. 10s., for
money lent. The defendant pleaded that he was not in-
debted. On the part of the plaintiff two witnesses were
caned, who deposed that the defendant had frequently
admitted_ that the money had been lent, and had often
promised to pay as soon as possible.
re. PAYNE, for the defendant, elicited that the parties
had formerly been friends but had quarrelled. The
attorney's clerk admitted that he had gone to de-
fendant's as a friend of plaintiff, to ask defendant to
make terms. He denied that be went for the express
purpose of getting an admission, as they had witnesses;
they were relations of defendant, and plaintiff did not
wish to call them. The Learned Counsel strongly urged
that the jury ought to look on these cases with great
suspicion when there were no documents to prove the
loan. Witnesses were for some reason kept back.
The SECONDARY said the question was, were the
witnesses to be relied on—there were nc means of contra-
dicting the case by evidence.
The jury, after a short consultation, gave a verdict fur
the amount claimed.

ASSIZE INTELLIGENCE.
NORTHERN ClRCUlT.—Liverpool, Nov. 8.
Mr. Baron Parise 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 Cum= OF ASSAULT.—The Rev. Thomas
Carter, Edward Rayner Highton, Charles 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 be was appointed as
schoolmaster in the gaol, in the year 1841, and bad 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 him some
anonymous letters which had been sent to the magis-
trates, and which complained of Mr. Highton's conduct.
Mr. Highton said that some of the things stated in the let-
ters were true, and some were not so; that he had admitted
the truth of some of the complaints, and the magistrates
had forgiven him, and that they had farther handed him
letters that he might ascertain whether they had ema-
nated from any person employed in the gaol, in which
case he had 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
nend towards Mr. Highton. In the course of the same
day the witness saw Mr. Carter, who said that Mr.
high ton 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 two 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 certain 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 see 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 see who spoke, but
the one said," It is not like that;" to which the other an-
swered, " Wait, the paper runs." This observation at-
traeted 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 bad 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'thene 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 hire 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 Ur. Carter said he would send
for a magistrate, to which the witness replied that they
must let bins 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 hand. 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 room), 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 tsar 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 for
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-
fendants, was there to tell his own tale, they had acted
with great forbearance arid discretion. They had a
right to insist on the prosecutor giving up these papers;
they expostulated with hire—they proposed calling in
the intervention of a magistrate, and it was only when
the prosecutor was on the point of destroying them that
they used force to get them back, and no more force
than was absoiuteiv neoessarV.

His LORDSHIP summed up, and Left it to the jury to
say whether the defendants had assaulted the prosecutor
for the purpose of recovering pipers belonging to them, in
which the prosecutor, as their clerk ter servant, or
1,?; hi:lli:Ay out as their • c!erk or servant, !sad been
writing, and whether they used more violence than was
necessary ror that purpose.--Verdict, Not Guilty.

Yo' , Bee. 8.
Mr. Juetice Erie and Mr. &roe Platt, the judges ap-
pointed to try the prisoners at these assizes, came into the
city of York do Saturday. The calender of prisoners is un-
usually- heavy, considering the short interval of time
since the summer assizes.
There are eighty-one persons in rill to take their trials;
three of these on the charge of murder; fire, man-
slauehter ; one, uttering base coin ; seven, horse or
cattle stealiog ; seven, sheep stealing ; three, rape ; two,
attempting rape ; five, burglary; seven, stabbing or
eveunding ; efsve, unnatural ofthnce ; sixteen, stealing
from the person ; five, robbery with violence ; one,
offence against the bankrupt laws ; one, receiving stolen
goods ; one, forgery ; four, stealing from a dwelling-
'louse ; one, false pretences ; two, night poaching ; one.
she same, with violence ; one, feloniously killing a
horse ; one,, perjury ; one, arson.
(Before Mr. Baron PLATT.)
Cieen.ue Or MANSLAUGHTER—The first case taken,
the tidy one arising in the city of York, was that of
Ediv.ird Luna, age fifty-two, who stood charged with
the offence of :manslaughter, in having, in the month of
I /ctober last, ;at the parish of St. Crux, occasioned the
death ofl Ann Downes, by administering a phial of lau-
danum n place of a mixture prescribed for a cough.
metthews and Mr. Blanchard appeared for the
prosecution ,e the prisoner was undefended.
It appeared from the statement of Mr. Matthews, that
the deceased, an old lady, 81 years of age, had resided
in the Merchants
Flail, York, along with her daughter
'
and a servant-maid, named Clark, and was subject to a
coueli, fur %ellich she was in the habit of procuring a
mixture, supplied by the prisoner. The prisoner was
l'onsidenNl a respectable chemist and druggist. The re
2 a -de servent was sent, on the 18th of October, for the
mseal mixture, when, by some accident, the bottle con-
taining that medicine in the shop had been removed, and
'another containing the laudanum put in ifs place. The
cone, qu,n;te was, that a large quantity of laudanum was
delivered to the servant by mistake, a sufficient quantity
to cause death : it was shortly after given to the de-
ceased, who, although attended by the prisoner,
and, at
his instance, by. a medical man also, expired on the 21st.
There was no doubt that the death had been caused by
the poison thus administered. But Mr. Matthews, who
mow prosecuted upon the coroner's inquisition, said, that
the grand jury had ignored the bill of indictment pre-
ferred upoa the same facts. The Learned Counsel did
not consider the case one in which the prisoner could be
r.ghtly convicted of the crime of manslaughter. But it
was right, nevertheless, for the security of the public,
that the ground for-au acquittal should be understood.
Mere, it must be admitted, the unfortunate occurrence
bad arisen from a mere accident, and not from any ap•
larent neglect of the party accused. Had the death