The Sun.
London, England, 1827-03-08 00:00:00

WESTERN CIRCUIT.,—WINCHESTER, Meacn 6.

Mr. Justice BUKROUGH, in his charge to the Orand Jary,se-
verely condemned the practice of prize-fighting, and expressed hie
surprise, that the Magistrates did not exert themselves ..ta prevent
it in this county. ' lie adverted to the recent case of; Mr..
Brougham, where the interference
,of the Afagistratee bad pre-
vented a serious affair, and expressed his opinion, that both prize-
fighting and duelling might be put an end to, if the Magistrates
would do their duty. _

In the Nisi Prius Court Mr. Richards, proprietor of dig AP,
was found guilty of a libel on Alr. Westmacott. Copia* of the
libel had been posted. about Southampton, and., traced to Mr.
Richards.

Mr. BINGHAM, for the defendant, ridiculed the libel as-a bad
practical joke, such as a good character could not be injured by,
and a bad character was incapable of injury.. The libel itself
was published some time ago, when the defendant was convicted
of printing without affixing his name to the placards..

NORTHERN 1,, A1h.44,.
The Assizes of Durham terminated this day, NO
.s - Lay
importance has occurred to-day. Neither of the persons 4upilally
convicted have been left for execution. Lawrepsou, foz,eptting
and maiming, will be banished-for life.

OXFORD CIRCUIT, Masten 7., _ . „
The omrnission was opened yesterday. The ludgeo,,Darons
GARROW and VAUGHAN, went to hear Divine Service :at*.
Mary's Church this morning. The calendar is heavy,,.ther,iliOng
no fewer than '77 prisoners. The moat serious charpe appear;so
be those against Thomas Harman, aged 21, for an..assault at
Lewkuor, upon Emma Mead, an infant aged only three part and
a half, with an unlawful intent, and against Isaac Swift fora rape
upon, and the murder of, Hannah Mills, at Chesterton. Mr.
Baron Garrow, who sat on the Crown side, entered the Court
with the Rev. Dr. Jenkvns, the Vice-Chancellor of the Univer-
sity;,,fi. B
a little before
aAu
eforetwelve o'clock.
sed
the Grand
demen, you cannot fail to 'participate with me in deep, regret at
so unusually a large calendar. Seieral of the offences are, pia
nature that must command your most serioua...Attentinn.
I have endeavoured to make myself acquainted with, the inoit im-
portant cases. '1 here are two cases which excite the. greatest
distress. I speak of the attack upon the infant part of tee ;Aber
sex by the most brutal part of ours. The tender age of the in-
fant renders it impossible that the offence could be completed, and
the charge is very properly for the assault. I must inform, you,
that our law does not admit of hearsay evidence, nor does it ad-
mit of any other evidence than what is on oath; but if the
mother saw enough, combined With other circumstance., that
will be probably proved upon oath, you will be warranted is find`
ing the bill. There is another Case of rape and murder.. , I lieu,
addressed Grand Juries_ so often upon-the subject -Of depart-,
tions, that I am ashamed to offer .more _obeervatione ; but
I have to-day a melancholy, llustration of 'the continuing -us- ••
cessity of making these observations. It is now-about two .-con-
furies and a half since the law made provision, for seeming the
course of justice where parties -die, by providing.thattbeiti 81404
sitions against the persons charged may be read in evidence. But
our ancestors did not confound things ; they reoollectechbat no;
thing that passed in the absence, of ,a " prisoner could, be beard
against him, because he could have no power of cross-examining
such testimony. If taken in the prisoner's presence, then deposi-
tions may be read. Shouldthe prisoner, at the time of the depo-
sition, be at large, if he is afterwards taken the witness must be
re-sworn, the deposition read over to the prisoner, and an opportu-
nity to cross-examine the witness afforded him. Without this is
done no deposition of a party dying can be read. The deposition
should contain the plain narrative, in common, and not in techni,-:--
cal, language. The examination for the imputed rape was taken
on the 6th, not in the presence of the prisoner;. the woman.died
on the 7th. You cannot look at the deposition. The deposition,
instead of describing the circumstance and progress -of the crime
in plain language, has the technical word "rcgpuit," " succeeded
in ravishing." This is a question of law for the Judges to decide.