The Sun.
London, England, 1842-09-03 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT—York, August 31.
CROWN SlDE.—(Before Mr. Justice MAULE.)
Francis Scott was indicted for a misdemeanour in
refusing to deliver up the body of one William Foster
to his executors for burial.

It appeared that the defendant was keeper of the
gaol of the Lord of the Manor of Wakefield, and that
one William Foster had been committed to his cus-
tody for debt, who died in the prison in September
last, having appointed a Mr. Wm. Sutcliffe and a Mr.
Appleyard his executors. The deceased had been at
one time in very good circumstances, but had con-
trived to squander all he had, and at subsequent
periods had been supplied by his friends, from time to
time, with money to the amount of several thousand
pounds, till at length wearied out with fruitless endea-
vours to benefit him they left him to his own resources,
and he speedily became an inmate of the defendant's
P• rison While there some of his friends sent him two
guineas, the whole of which he squandered on the
very day on which he received them, and from that
time they left him to himself. He then became in-
debted to the defendant and died in his debt. The exe-
cutors, hearing of his demise, went and demanded the
body, on which the defendant demanded the amount due
to him, which the executors declined to pay, and he
alleging that as his reason, declined to deliver the
body to them. lle kept it till October, and then
buried it in the prison yard. The body was washed
and dressed decently, in the usual way, and except
that the burial was in unconsecrated ground, and the
funeral without the services of the Church, every
thing was done with proper decorum. Application
was made for a mandamus to compel the defendant
to deliver up the body, and under this compulsory
process it was exhumed and placed in a coffin pro-
vided by the executors, and afterwards properly in-
terred. The grave in which it was at first deposited
was shallow, and seemed to have been designed
only vyael.3'sa7 temporary depository for the deceased.
The facts of the case not being controverted, the
Learned Judge gave it as his opinion that an indict-
able offence had been eotnmitted, bat as TIQ evil was
.intended, and the defendant thought he was acting in
a mariner warranted by the law, it was more in the
nature of a mistake than an intentional offence, and
1194. t toyebre4iNcitsigtfedNtivi4rswe;rei,ifeunthcroein.4
tq,
~10
the
defendant was allowai tq go at jargp qn pntpilng into
his own recognisances in the sum of 101, to appear
and receive judgment when called upon.
Joseph Garner, George Garthwaite, Joseph Are,,,
some, Joseph Tyas, Henry Tunvclife,Francis Hague,
•

Smith's statement was to the effect that he saw the
defendant driving in a water cart a lame horse, which
had its off fore foot tied up ; the whip being too long
to touch the poor animal with the lash, the prisoner
had taken the butt-end and beaten the poor beast most
unmercifully. He was riding at the time.
Mr. MALTBY—This is about the thirtieth complaint
we have had against Mr. Gore's men for similar
offences ; I wish I could get him or his foreman be
fore me, for I do not like fining these poor men, who
are merely servants. (To the defendant)—Will Mr.
Gore pay the fine ?
Defendant.—He will not; he sends us out with
horses not fit to drive, and I must take the conse-
quence. I deny, however, beating the horse with the
butt-end of the whip.
Mr. MALTBr—That is distictly sworn to, and I
fine you los., or in default of payment seven days'
imprisonment, and I very much regret that the law
does not allow me to punish your employer instead
of you.

CLERKEN WELL.
Yesterday the Reverend Richard Croxton,_Chap-
, lain of the East London Cemetery, Minister of Dar-
ling-place Chapel, near Mile-end Turnpike, and Se-
cretary to the Hospital Accident Society for affording
relief to the families of inmates of the accident wards
of the metropolitan hospitals, attended before Mr.
COMBE under the following circumstances ;
The Rev. Gentleman intimated that he had come
forward in consequence of a report in the newspapers
relative to the case of the Rev. Mr. Boddington, late
Chaplain to Giltspur-street Compter,
, and some obser-
vations made in reference to the above Society when
the investigation took place in this Court on Tuesday
last. He begged to say that the Rev. Mr. Bodding-
ton had ceased to be connected with the Society.
Mr. COMBE said that he had in his possession a
printed circular report of a dinner, held at the Lon-
don Coffeehouse in January, 1841, professing to give
speeches that took place on that occasion, one of which
purported to have been delivered by the Rev. Mr.
Boddington.
y
Mr. Croxton—The meeting Was certainlheld, and
a circular report was printed at the request of Mr.
Boddington himself, in order to show off his ability
in oratory on the occasion of the dinner, which took
place in 1840 and not 1841.
_ _

Mr. COOMBE said they ought to be very particular
as to dates. The circular was dated 1841.
Mr. Croxton said he was positive as to its being in
1840.

Mr. COMBE presented the circular report to the
Rev. Gentleman, who, on looking at it, said that the
Society had never authorised the paper to be printed.
Mr. Croxton farther stated that when Mr. &Mina_
ton was connected with the Society hq introduced to
the Committee the ROY. 34 Alcihd
Mr. Pomun--,What, he who was sentenced to tr4lol.
portation yesterday at the 014,124,1467 fttr higArily
Mr. CrepctQn—yes, the saine,--'t4 44400
Mr, Crofton said that the year before last they re-
ceived 4021., and last year 4004. subscriptions in sup-
port of the Society.
Mr. COMBE here said if theiii w 49 knpfide So-
ciety gesSifvecl the support of the Public, but if not
go tide anfol!nt of the subscriptions mentioned as hay.
pig been received was only 4 proof of how many
" guile there were amongst the public. It was im-
portant to prove to the public that it was a bona fide
Society, and an investigable* ought to be instituted
by the Committee in reference to the circular report ,