The Sun.
London, England, 1829-08-06 00:00:00

SUMMER. ASSIZES.

WESTERN CIRCUIT.—SALISBURY, A ua.

ROWLEY V. JONES.

This was an action brought against the defendant,
a common carrier, to recover the Value of a trunk;
intrusted to him to be conveyed from Salishtiry tti
London and thence to Manchester, and which was
lost in the course of the journey.
A witness moved the. u'irection upon die trunk,
and its baying been sent to the tbtferldatit's ofticc;
iitl.er the direction of the Learned Judge the Jury
found a Verdict for the plaintiff—Damaqes 554
a boy 14 ; ears of tirfe wn> aorged
with breaking and entering the dwelling-house of
John Batten (no person being therein), and stealing
therein a piece of gooseberry pudding.
The reading of the e!bige MO, 6;7!
prisoner, who was brought into the dock in heavy
irons, excited considerable laughter; but we think
the fact of such a trumpery case being brought be-
fore a Court of ASsi4!e; the time of which it dece:pied
for several hours, calculated to create a far different
feeling in all reasonable minds. Surely the matter
might have been disposed of in a different manner.

The transaction occurred in the absence of the
prosecutor and his rattily from home. lt was a Still,.
day, and the lad, who fancied he should like pudding
for his Sabbath-meal, introduced his hand into the
dairy window and helped himself to a tart: The
youthful delinquent was convicted, without its being
thought necessary to produce the pudding, prove its
identity to the satisfaction of the Jury, or hand it
round to be tasted for their still further gratification.
Isaac Earle was indicted for having unlawfully
and maliciously stabbed and wounded John Foley,
with intent to do him some grievous bodily harm;
and in another count, with intent to avoid being
legally taken into custody; and George Brinkworth
and Robert Brink worth were charged with having
aided and abetted Isaac Earle.

Mr. P. WILLIAMS stated the case for the prose-
cution, and called the following witnesses :
John Foley—l am a constable at Trowbridge,
and know the prisoners at the bar. About five
o'clock on the evening of the I9th of May, Char-
lotte Smith came to my house crying, and said she
wanted me to go with her, and put siree men, who
had assaulted her, into the "blind house." I told
her I could not do any thing for her except I had
seen the peace broken. The three prisoners then
came to my door, at which I was standing. Jane
Tilly came up crying, and said to me, " If you don't
put these men in the blind house, you will not do
your duty." I refused to do so on the same grounds
as before, namely, that I had not seen any assault
committed. The prisoner Earle made use of very
coarse and violent language, and said, " We served
them right : we will have their -- heads off."—
George Brinkworth then struck Charlotte Smith on
the head with his fist. Earle was at the same mo-
ment about to strike the woman Tilly. lie raised
his fist for that purpose. I said, " Now, young
men, I'll take you to the blind house." I then
took both Earle and Brinkworth by the collar; the
former was on my left hand, the latter on my right;
and I seized Earle with my left hand, and Brink-
worth with my right. They both swore they'd be
if they would go to the blind house. Earle
then struck me with his knife on the right side of
my stomach. The button of my small-clothes caught
the blow, or the knife must have entered my body,
he was so near to me, and the stroke was AO violent.
He-repeated his blow, stabbing at me as fast as he
could. I then let George Brinkworth go, and seized
Earle with my right hand us well as my left. He
stood facing me, and struck at me again with the
kuife upon the left side. I repeatedly called for
assistance ; I asked for my staff. People came round
to take the knife from the prisoner Earle, and he
struck with it at every body that attempted to do
so. We at length got the prisoners Earle and R.
Brinkworth to the blind house. Earle repeatedly
swore he would murder me. I continued ill for
nearly a fortnight.
Two other persons, who witnessed the transac-
tion, corroborated the statements of the prosecutor
in every material particular.
Chief Justice TINDAL charged the Jury, who
found Earle guilty of having wounded the prisoner,
with intent to prevent being taken into custody, and
Robert Brinkworth guilty of aiding Earle with the
same view, and acquitted George Brinkworth.
The Learned JUDGE addressed the prisoners, and
told them they had been guilty of a heinous offence,
for which their lives might have been forfeited.
They must prepare to leave the country for life.

OXFORD CIRCUIT.—WORCESTER, Auc. 4.

Samuel Burton was indicted, charged with having
feloniously assaulted and ravished Justitia Hall, at
Oldswinford, on the 22d of May last.
Justine Hall, the prosecutrix, said, I was 17 years
old the 2d of last June. My father is a shoemaker,
living at Pcdmore, and I live with him. On the
22d of May last I left home at twelve o'clock to go
to Stourbridge. I saw the prisoner at Oldswinford
on my way to Stourbridge, at about half-past twelve.
I knew he was a married man and that he had three
or four children. I returned about one o'clock, and
met the prisoner opposite the Talbot ; he said,
" Now you must come and have something to
drink." I said, " No, thank you, I must make haste
home with the meat for my father's dinner." The
prisoner then laid hold of my wrist, and said,
" - it, come along." I told him if he would
loose my wrist I would go with him; we then went
to Mr. Collis's liquor-shop, and the prisoner called
for a quartern of rum. A little girl brought the
liquor; he poured out one glass for himself and
another for me ; I wanted some water ; he desired
me to drink it neat. I said I could not drink it, and
poured some of it back into his glass; altogether I
drank a glass and a half. I got up from my seat,
and asked what o'clock it was ? He said between
one and two. I then wished him a good afternoon,
and went off on my way home. When I got to a
I gate about a quarter of a mile on my road, the pri-
soner came up to me. I said to him, " Where are
you going this way ?" He made no answer, but
came and laid hold of my basket, and said I was
not going that way. He got my basket away, and
went off over some fields towards Love-lane. I
followed him, and called to him to give me my
basket. 1 asked him several times for my basket.
Love-lane is a narrow lane, about wide enough for
a cart to go up, with high banks and hedges. I
followed the prisoner up Love-lane, till he canto to
a gate, when he stopped. When I got up to him
he laid hold of my arm, and threw the basket into
the field. It was a barley field ; he then got over
the gate, still keeping hold of my arm. He then
pulled me over the gate. While he was pulling m,e,
over, I called out, " Murder, you rogue, loose me.
He then threw me down under the hedge. I had a
light-coloured shawl on, and a dark handkerchief.
The prisoner then put his knee on my right side,
and his hand on my mouth, and I scrat him; he
said, " Yon - -, if you are not quiet I will
kill you :" he then got his hand round my neck, and
dragged me down the field. 1 tried to get up, but
could not stand, his ill-treatment and the liquors al-
rogether overcame me. I sat up on the ground,
and the prisoner then pulled my bonnet, shawls,
and handkerchief off. I was strangled, that I could
not speak. He then pushed me back, and pulled
my petticoats over my face, and accomplished his
purpose. I fainted away : when I recovered I found
the prisoner standing before me. I saw a person of
the name of Smith, and called out to him, " You
with the white smockfrock, for God's sake come to
my assistance." He came and laid hold of me and
picked me up off the ground, as I could not get up
myself. Smith said, " Sammy, you are a rogue:
what have you been doing to this girl all this time?"
The prisoner replied, " I have done what I wanted
to do; if you want anything to do with her, have it
and have done with it, as I shall not leave her."
Smith then said to the prisoner, " You had better
make it up." The prisoner said, he had got no-
thing but a sovereign, and lie would go and change
it. I told him he had not got a sovereign ; if he
I had, he had better take it home to his wife and