Star.
London, England, 1828-08-15 00:00:00

ASSIZE INTELLIGENCE.

WARWICK, Awl. IS.
• Before Mr. Sergeant D'Ort.r.
Isaac Circe's, aged 35, a mar lied man, and the father
of five children, was indicted for a most aggravated
assault. with intent to conintit a capital felony, upon
Sarah Elizabeth Chute, at Birmingham, on the 28th
• of July last.
Mr. READER, on the part of the prosecution, briefly
opened the case to the Jury, and then called the follow-
ing witnesses:
Sarah Elizabeth Clarke, an extremely delicate girl,
in appearance about 16 or 11 years of age, was assisted
into the witness box, where, however. it was evident,
from her stale of nervous agitation and debility, she
could not continue many moments. She was therefore
placed in the crier's seat, and with the most unaffected
modesty, and obviously painful feelings, related the
following circumstances: She is now fifteen years of
age; her father keeps the Wheatsheaf public-house at
Birmingham. Oa Sunday, the 27th July, her mother
and. father went from home on a visit to some friends
.tpr a few days, leaving her in charge of the house. and
requesting the prisoner, who had been known to them
for several years, to assist in attending to the business.
On Monday evening, the 28th, there was a meeting at
the house of the members of two clubs, or benefit so-
cieties, Ind.at about seven o'clock,when the witness was
in the bar, the prisoner came to her, and asked her for
Bs. to pay to a sick member. She at first hesitated to
give the money until her father retuned ; but upon the
prisoner saying that he would see that all was right, she
went upstairs to her father's bed-room to procure it.—
For that purpose, she took a drawer, containing the club
money, from under a chest of drawers, and laid it on
dressing-table While she went to fasten the window,
as it was growing late. She was in the act of pilling
down ti.e blind when the prisoner came into the room.
He immediately shut the door, vat kb closed with a
- spring-lock. The witness went on to describe a very
*gross and violent attack committed on her by the pri-
soner. She shade every possible effort to scream for
assistance, but could not make herself heard, in conse-
quence of the meaner in w hich he stopped her mouth.
At last she fainted. When she redivered her senses,
she found herself lying on thefloor. She got bp. and
went down stairs, and met the prisoner on the last step.
He acciisted her, saying, Sarah, give me a kiss. You
mm 4 rot tell." She pissed on, and the house. being
full of company, she went out at the back door and
throuAli tl e yard into Mrs. Stringer's house, which is
next door. Here she was only able to utter, "0, Mrs.
Stringer, a man—Mr. Green," When she again fainted.
Mrs. Stringer sect out for Mrs. Rogers, Mr. Clarke's
servant, arid as soon as the witness came to herself. she
stated how she had been ill used by the prisoner. She
felt very ill nest day, and bad been extremely ill ever
since. (Indeed this was but too apparent.)
On -I:er cross-examination- by !sir. GouLuwiw, she
said, that to go from the bedroom to the ro oil where
: Vie members 01 the clubs were assembled, you had to
descend two step., and then go along a passage. She
could not -say how many yards long the passage vva..
Toe tap-room was full of people. She made all the
efforts in her power to call out. but the prisoner pre
vented her. She was in the act of pulling down the
- blind before she saw tire prisoner coming.. She was
out next day, hec ruse she was obliged to go and pay
the Excise he'ore 12 o'cinck ; but she was extremely
The prisoner was to have paid it, but he did Lot
come near the house. (The witness was carried out of
Court in strong convulsions.)
Mrs. Stringer and Mrs. Rogers corroborated the pro-
' secritries statement.
Mr. Evans stated that he is a surgeon at Birming-
ham, and was called in on the :30th of July to visit
•▪
' hi* Clarke. He discovered marks of violence. He
• haccontinuecl to attend her ever since. Her health has
teen m;terial4 injured, and she has been subject to
hysterical fits ever :once.
• " Ittr. GOCUSURN addressed the Jury on behalf of the
•pi soi,er, admitting that he had been guilty of gross
misconduct, and a utt be cow/lewd on- the count tor

the common assault; but contending that it was impos-
sible he could have intended to commit the aggravated
offence imputed to him. It such were his intention, he
' would not choose an occasion when the house was filled
with people, and in a room only removed by a short
passage from the common tap-rnom, where the slightest
cries must be heard. The fact was, he had nmely gone
up for the money, and observing her, upon his entering
the room, pull down the blind, h- was, on the itnpul,e
of the moment, induced to toy with her, and try pet-
baps how far she w' old allow him to go, but desisting
the moment he found she was unwilling t• go father.
He again admitted that the prisoner had acted mroi
culpably in even doing this; and no man lamented
more sincerely than he did the consequence of his mo•
mentary error. •He felt the deepest contrition fit t' e in-
jut y he had inflicted on this young woman, whose con-
duct, he was now anxious to state, although he had been
misled by appearances at the moment, was perfectly free
from all teproach ; and he should continue to deplore
his error to the latest moment of his existence.—
Still, however, culpable as he had b, en to a certain ex.
tent, be ought not to be convicted of an offence which
he had never contemplated. It had not been, and it
could not have been, his Locution fur a single moment,
to commit the crime of rape. A common assault lie
certainly had committed ; and of rut, but of t!iat alone,
ought the jury to convict him. In weighing this case,
they must endeavour to guard their feeliogs against the
effect of the painful scene which they had witnessed in
the witness box; however melancholy were the conse-
queaces of this unfortunate occurrence, they were bound
by t .eir oaths to do justice between the parties accord-
ing to the facts as they were proved in evidence :And
if any doubt arose, to give the prisoner the benefit of it.
As to the measure of Funishment which was to he
awarded for the offence of which they should convict
him, that would be a question for the Learned Judge
afterwards, who no doubt would extend all the indul-
gence in his• power ti) the weakness of human nature,
when encountering a sudden and violent excitement of
one of its most violent passions.
The Learned JUDGE, in summing up the case to the
Jury, said, it would be an outrage upon common sense
to suppose that in making this assault upon the prose-
cutrix in the manner described, the prisoner did not
intend to commit the higher offence.
The Jury returned a verdict cf
The Learned JUDO/ sentenced the prisoner to be im-
prisoned for two years, and kept to hard labour; telling
him at the same time, that he ought to consider himself
most fortunate in having escaped with his life.
Isaac Parkes was indicted for forging the Goldsmiths'
Hall plate stamp upon several pairs of spectacles, made
of base metal, and selling them as plate.
In consideration of the prisoner's pleading el guilty',
to the minor offence, of only forging the Birmingham
plate stamp, there was no evidence offered against hint,
on the part of the Stamp-office, on the capital charge.
' John Hunts, a respectable looking young man, 22
years of age, was indicted for stealing from the Post
Office, at Birmingham, a certain letter, containing a
501. bank note, a .51. bank note, and divers promissory
notes and bills of exchange, the property of George
Sheppard and others, his partners.
The prisoner pleaded 46 guilty " to the minor charge
of embezzling the property of Messrs. Sheppard and
Co. and no evidence was offered against him on the
capital charge.
He was sentenced to be transported for seven years.
Before the Lord Chief Juscee
THE BASTARDY LAWS.

Sara& Gibbs was indicted for wilful and corrupt per
jury.—The defendant, who was not the most captivating
in her appearance, becoming the mother of an illegiti-
mate child, the parish authorities where she resided
threatened to remove her to her own parish, and she'
threatened to swear her child to the first man who would
attempt to do so. Both parties were as good as their
word. Mr. Gude, a parish officer, obtained an order foe,
her removal, and, she went before a magistrate andl
swore the child to Mr. Gude.
Mr. Gude most solemnly swore that he had neither
band, act, nor part, in the getting of this child; while
the defendant as strenuously persisted in fixing the pa-
ternity on him, and expressed her astonishment at the
very ungrateful return he made her for the many favours
she had conferred upon him in the course of his frequent
visits to her house, where she lived alone and inde-
pendent.
She was found Guilty, and sentenced to 12 months'
imprisonment.
WESTERN CIRCUIT—WELLS, AUGUST is.
The Civil Court was employed througf}r►ut the day in
deciding upon cases of ejectment and of right of way,
and no cireurastance occurred that possessed the slightest
degree of public interest.
Stos—Before Mr. Justice Pair.
Charles Best was indicted for having assaulted, with
intent to, &c. one Mary Harris. A second count charged
him with a common assault. The prisoner pleaded Not
Guilty to both charges.
Mary Harris, a fine looking young woman, stated,
that on the evening of the 13th of July, she was return-
ing to her home at Dalkon, in this county, when the
prisoner, who was accompanied by one or two others,
came up to her. The others walked away, and the
prisoner then accosted her, and asked to walk home
with her ; she refused, and he then proceeded to take
improper liberties with her; after considerable resistance
on her part, the prisoner was defeated in his object, and
was obliged to quit her; as sown as she got home she
told her wither whit had occurred, and the prisoner
was almost immediately pursued and apprehended ;
she bad suffered considerably from his violence, and
her clothes were disordered and torn.
A witness, named Baxter, proved, that on the evening
in question, he saw the prosecutrix with her clothes
disordered, and exhibiting much alarm and agitation;
he also confirmed her as to the fact of her having im-
mediately communicated the matter to her mother.
Mr. Ronicuts, who appeared for the prisoner, con-
tended that the evidence only. made out the case of a
common assault, which he feared he could not deny
had been committed by his client, who was very sorry
fur what be had clone, and on ahem he trusted his
Lordship would inflict but a slight F.unishment.
The Jury found the prisoner .guilty of the common
assault; and Mr. Justice PARK, after animadverting on
the grossness of any man thus attacking a woman, sen-
tenced the prisoner to six months' imprisonment.
Thomas Paw was indicted for having, on the 41h of
this month, assaulted, with intent, &c. Ann Lever, a
farmer's set vent, who resided at a place called Dawlish,
in this county.
The prosecutrix deposed, that on the evening of the day
in question she was returninghome,when she was attacked
by the prisoner, who 'at first pretended a wish to accom-
pany her home, but who, upon her refusal to permit him
to do so, attempted to obtain by force what he found he
could not obtain by other means, but was at once repelled
bithe determined resistance of the prosecutrix,who struck
him with her um!). ells, and also kept calling out ig niur-
, der !" in ord'hr to try and give 04 alarm to any person
I that might br. passing um the spot.' The prisoner was

at last obliged to desist from his attempts, and a he wit.
going away, the prosectltili eold him she .would have
him taken up for what he had done. He muttered what
she believed to be curses upon her, and she made the
iitnnist possible haste to her own home.
The prisoner, in his defence, alleged that the prose.
cutrix was a girl of light character; that she had al-
ready had a child by another man, and that she was
ready enough to have permitted him to do what he
liked with her.—The Jury found him Guilty.
Mr. Justice PARK then observed, that Ile line of de-
ferce adopted by the prisoner had materially aggravated
his offence, which in itself was one that called loudly
for punishment. His Lordship sentenced the prisoner
to melee months imprisonment, and hard labour.

POLICE INTELLIGENCE.
MANSION nous&
EmirzzißNENT.—A warehouseman to Messrs. Brookshank and
Co. of Lucklersbury, woollen factors, was brought before the Lotto
.lAvoa, charged with having embezzled sums of money which he
had been authorised to receive for that firm.
The prisoner bad lived some time at Messrs. Brookshank'a, and
was occasionally sent to receive the amount of bills. On the 27th
of March he was paid the sum of 471. 16s. by Mr. Francis, a slop-
seller 'in the Minories ; and on the Bth of May he received from
the same person, for the firm, 261. 10s. On that day he paid in to
the cashier the sum of 401. which be said he had received upon
account from Mr. Francis. He had not accounted for any part of
ei•hrr sum before. There was also a charge against hint of having
embezzled the sum of 41. is. tvhich he bad received for his em-
ployers.—lle was remanded.
The dt over of an Edmonton stage coach was charged witkhaving
assaulted a Mr. itaikes.
The complainant went to Allersgate-street, took a seat on a
coach. for Edmonton, and put his cat on the top. He, however,
thought proper to change his rnindi and go upon another coach,
and be took down his coat. The defendant, however, seized hint
by the collar, and demanded his fares The complainant pulled out
some silver, and desired the defendant to take what he pleased.
The defendant again seized hint by the collar and shook him, and
then took 2s.—The defendant was otdered to find bail.
GUILDHALL. •
Snow, the street keeper of St. Martin's, Lodgate, was summoned
fur assaulting a poor Irish fruit woman named Ryan.
The complainant stated, that Snow came suddenly upon her,
and without speaking, gave her two punches in her side with his
stick, and kicked over her basket of plums, half of which were
lost or crushed, and the rest spoiled by falling in the dirt.
A Gentleman named Jackson, who was passing 21 the time, said
his feelings would not allow him to pass unnoticed such tyrannical
and disgraceful conduct, and he therefore caused the woman to'
make the complaint.
Snow said, that all he did was to driveller off the pavement, by
pushing her and her basket with his stick. If Mr. Jackson had not
Interfered, she would have been satisfied with making bet escape.
Mr. Alderman. Armee said, he was averse to encouraging these
complaints against officers, who had a trying duty to peefurm.—
Snow had for many ye Ali enjoyed the confidence of the Gentlemen
of the Ward, and be could not believe he had misconducted him-
self in the way described.
Mr Jackson said, saw the violence of the officer, and was de-
sirous that he should compensate the woman for ber lons, and un-
derstand
that be should do his duty with mildness and moderation
in fir ure.
After some conversation. Mr. Alderman Armen said, that the
women, by their competition, kept down the prices at the shops,
and the officer had no business to turn the basket over; he there-
fore advised Snow to make the woman some recompense. The
woman estimated her loss at Bs. Soow offered her is. The poor
woman asked for another sixpence—upon which Snow pocketed
his s. and marched off.—Mr. Jackson communicated the result
to the Alderman, who replied be would not again interfere in the
matter. _ _ _

A man, named Axes, was charged with a fraud on Mr. Barns-
by, an eating house keeper in the Old Batley.
The prisoner having had no di remittances ' from his friendi for
a fortnight, and being in excellent appetite, went to a barber's shop,
where he got his hair fashionably trimmed, and his face "clean
shaved," and afterwards told the barber that he must trust him till.
he saw him again, as he was without money. He then went to Mr. -
Barusby's, and called for a plate of .roast veal, two plates of pota-
toes and a slice of bread. He soon dispatched these, and then
called for a plate of apple pie. After this, he very coolly told
"mine host" that he had no money,an el neither could not would.pay.
Alderman Ammer —This must be put a stop to. You know this
is the third time you have been brought here for the same trick.
Prisoner—l had not a halfpenny to help myself with.
Alderman AMALIE—You must be remanded to see if you cannot
find the money.
HATTON-GARDEN.
Mary raft was charged with robbing her master, Mr. Potts, of
the Royal Oak, Red Lion.street. of ten sovereigns, and various
articles of wearing apparel. Suspicions fell upon the prisoner in•
consequence of finding a piece of riband in her trunk, which was
evidently cut from a roll that lay in the same drawer with the
money. Duke, the officer, discovered various articles belonging to
Mr. and Mrs. Potts in boxes belonging to the prisoner.—Committed.
James Harris and Jaen Peltier were charged upon suspicion of
being concerned in a burglary and robbery in the house of Mr.
Samuel Scanlan, Chalton-street, Sumer -town. The prosecutor's
house was broken into late on Tuesday night, and robbed of pro.
poly, consisting of .cloths, and amounting in value to between 1501.
and i WI. Harris was seen near the prosecutor's house about half.
past ten o'clock on Tuesday night, with a coach, and talking with
two men of suspicious appearance, one of whom was suspected to
be PeUier. The prisoners were remanded.—The prisoner Harris
is the same individual who, about two years since, was condemned
to suffer death, for robbing Lord Cowper's Steward; but being
proved to be innocent, was reprieved, and set at liberty.
WO RS P—STREET.
Sarah Raise, of Dillon's-court, Petticoat-lane, was put to the bar,
when a Mr. Mapkson said be accompanied a female to her house,
and being shown into a room, be ph.ced his coat on a chair, in the
pockets of which were 12 sovereigns, one WI. and two Si. nutes,
when the prisoner and another ft male entered the room, and forcibly
took it away —Fully committed.
J. Harris, silk. weaver, in Spitaifields, was charged with receiving
a quantity of silk, with a guilty know/edge, and was ordered to
pay a line of 201. or suffer one month's imprisonment in the House
of Correction.
HEAVY Suez COACU PIMALTIES.—Mr. George Palmer, put
proprietor and driver of one, of the Colchester coaches, was suns-.
moved before Mr. Benerr, on the information of John Biers,
'charging him with having carried fourteen outside passengers, besides:
luggage, on the roof of his coach—the number being limited by Act
of Parliament. The penalty in such cases becomes a matter of
very serious import where the driver happens to be a proprietor
also, as in the present case, being double the amount of that im.,
posed upon a driver only, viz. 204 for each extra passenger, with
a discretionary power in the 'Magistrate of reducing it to Mot less
than one half.
The information was supported by the evidence, but the defend-
ant's solicitor raised several legal objections to the proceeding, and
the Magistrate, seeing the importance of his decision to the de-
fendant, took a week for consideration.
Upon a re-hearing of the case, the objections already stated, and
some others newly raised, were argued at considerable length ; but
they were finally overruled by the Magistrate, and the conviction
confirmed.
The defendant was fined Forty Pounds (101. for each extra pas-
senger) and the costs.
MARLBOROUGH-STREET.
Yesterday Thomas Higgins, a fishmonger, who bas been. its cus-
tody for about a fortnight, upon a charge of maliciously stabbing,
with intent to kill, a man named Killdillon, one of the inspectors
of nuisances for the pitish of St. James's, was brought before Mr.
Roe, the sitting Magistrate, for final examination.
Wm. Killdillon, who had hitherto been unable, from the nature
of the wound, which has confined him to Sc. George's Hospital, to
attend and give his evidence, and who now appeared with his head
bound up, being sworn, detailed the facts u already have appeared.
Mr. Edward Dixon, a surgeon, residing in Wardour-street, de-
posed, that on Friday, the Ist inst. he returned home about two
o'clock hr the afternoon, and found the complainant at hie house
waiting for him in a wounded state. Witness examined themound,
which was of a transverse kind, inflicted by a sharp knife, which
entered the cheek near the ear on the right side, and penetrated to
the mouth. Witness dressed the wound, and had the wounded man
conveyed to the Hospital.
The Magistrate asked if the knife, with which the wound was
inflicted, was forthcoming.
One of the constables said that it was not ; it was a knife which.
the prisoner had snatched up from a butcher's block in the street,
and the butcher had got it back, and refused to give it up again.
The Magistrate asked the prisoner If he wished to say any thing.
The Prisoner-1 have nothing to say beyond what I have already
said.

The prisoner, who is a short thick-set man, about slaty years of
age, was then fully commuted to Nvwgate for trial on the capital
charge, and the parties all bound over to prosecute.
Yesterday, the coachman to the Reverend Dr. Moore, of. (lower
street, 8%4110rd-square, was brought to this Office. on a charge of
violently assaulting James Datrow, a butler also in the service of
Dr. Moore. It appeared, front the evidence, that the priseoeroms

Tue,day night last. brought home a friend tosstpr.r. Pod intim,44
that irwa. his intention to provide him with a Ind In the 'meet
To this the butler objected, hr bring a confidential servant, any.
having the care of Dr. Moore's plate and other property. The
visitor, in consequence, left the hoteie, hat he had se.aci ly „,
When the coachman foseed him Into the kitchen, tore off hi- dote:
and beat him in a mint shocking manner. The Alagiatrates finy
the prisoner 21. to the Kim and W. to the butler, far the assault.
M A RY- L A- DON NR.

Mr. Kean, of the Britannia, Browiuntrert. Maryla-berme, int
convicted, on the evidence of a watchman, of supplying a woman
with three cans of beer, after the hour prescribed by law and is
beinj his third offence, he was fined U. but gave notice of appeal.