Star.
London, England, 1828-07-18 00:00:00

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT.—ABINGDON, JULY 16.
LORD MOUNTSANDFoRDIS MURDER.

WIZ NING V. SAMUit. BRINNANIT, 111061 All DUN; AND Cite. BUNT.
This case, by special appointment, MIN on this day.
The prisoners were arraigned at eight o'clock. Mr.
Jones, the Clerk of IndictmEnts, read over the indict-
ment, in which there were nine counts, some of which
alleged that the death of Lord Mountsandford was
occasioned by being violently cast and thrown upon
the pavement, and others stated that Brinklett kiCked
him on the back part of the skull. and that the others
present were aiding, ahetting, assisting.
Mr. Tattouar. stated the case to the Jury. Gentle-
men, said he, it is my painful duty to give you a short
and simple narrative of the circumstances under which
the young Nobleman, whose death you are now assem•
bled and govern to inquire into, came to his fate. I will
preface myuariiiitive by informing you that I am in-
structed on the part and at the instance of the sue viving
relatives; in instituting those proceedings, they have no
option left them, and in the spirit of their feelings, it

- -
will be my most ankious desire to confine myself within

the limits of my public duty. Deeply of acted as they
are by the result of this unfortunate affi ay, they come
herr with no resentment gtatity,with no desire to per-
secute the prisoners at the bar, but with the most anxir.us
wish th4t 00 prejudice should find its way into }our
nrinds; the t you should rather lrn k at the case with those
feelings of commiseration which are excited by uhe com-
mon ditties of our native ; th.a you will watch the un-
ha ; py circumstances rf this affair v ith the strictest jea-
loul ; and that atter you have heard the evidence you
will apply the law to it as you shall hear it from his
Lordship. and judge of the whole transaction in that
mild, cool, and charitable feelinr, which should be en-

tertained by erring men when lie sits in judgment on
the infirm•ties of others. Gentlemen. Lord Mount-

monitor d, at the time he came by his death, was visiting
at Windsor, where he had some relations in the regi-
ment quartered there. This unhappy affair took place
in the week rf Ascot races, when a great deal of li-
cense prevailed ; and I think you will have reason to
regret, in the result, that stricter guard was nrt kep-
over the public peace. TheLearnedCounsel then ente, ed
into a detail of the facts oft .e ease, as they have already
appeared b: fore t e public. Gentlemen, the charge
however which the ploiecutors make upon this occasion
is, that according to the evidence, Sami. Brinklett was
Vie person who gave the kick. With respect to the
person of liiinklitt, some of Cie wit tesses who knew
his person will say they knsaw him to be the man ; nn
ot iers hi. appearance made a strong impression ; and
others will met/. t) the dies that he wore t rat
evening. I'. Hunt was pursued by one witness.
and taken on the sr t, and therefore that he wa,
taking some part in the transaction there can be no
doubt. As t i G. Hunt, there will be no more evi-
dence against him than that he was aiding in the affray.
if these facts, Gctitl-men, are proved, it will then be a
consideiation what the legal effect of them will be. I
entreat you, in the spirit ot the in t- uctions I have re-
ceived, and let me ad.!, in the spir of charity and gene
tOSity, manifesting the feelings of the yfialig Nobleman
n„w no more—let anr a k for I,imoto!dead,that y6u will
act as beowoule. it I.v nn (fur his sial.ole life was gene

rosity, and kindness, and the best feeling)—watch the
evidence with the most jealous caution, and when you
are considering the result you are to come to, make the
largest and most liberal allowance for the infirmities cf
our nature; consider the workings of the human pas-
sions in an affray in which one party was, perhaps,
more blameable in provoking than the other in reta-
hating—consider what that treatment might have been,
which, if ft did not make the accused reckless of the
deeds they did, might have blinded their judgments at
the moment, and 1 beseech you to manifest the calmest
coolness in considering the fatal error into which they
have fallen, and which }on are assembled to consider.l
Several of the witnesses were called, whose evidence
has already appeatei bel,,re the public at ample length
in the public reports of the proceeding of the inquest.
Lieutenant Gascoigne, of the Blues, and who is the
neatest relative of the deceased young Nobieman, was
called to prove his style and title, as it was set out in
the indictment. The indictment alleged that he was
Henry Sandford, commonly called Baron Mount-
sandford, of Casthreagh, &c." Mr. Gascoigne stated,
that he never knew his deceased relative had any t!ler
Christian name than " Henry," and the surname aas
.4 Sandford."

Mr. Cuawoon, who was engaged for the first named
prisoner, and Mr.
SHEPHERD, Who WAS Counsel for the
two Hunts, contended that " S tudford " must be tak n
as a Christian name, together with se Henry," as al-
leged in the indictmen., and therefore there was a
variance between the evidence and the record. In the
style and title of the present Lord Chancellor, he was
always denominated ee John Singleton, Lord Lynd-
hurst," and every body knew his surname to be rr
ley." Therefore, " Henry Sandford" must be taken as
one Christian name, the same as ''John Singleton."
Mr. Baron VAt'GIIAN did not overrule the objection,
but said that he did not conceive it if sufficient weight
to stop the prosecution. He r eser veil the point, however,
in case the prisoner's Counsel should think it necessary
t') argue it hereafter.

After further eviderce was called, the Learned Judge
asked Mr. fa fourd if he could procure any evidence to
show such a premeditated design as would cousttt ste
any thing more tun manslaughter ?
Mr. Tnceounn said he could not, and the case for
the prosecution, showing the points of the facts as they
have already appeared, was then closed.
Brinklett, in his defence, stated that on the night in
question there were confusion and fighting about the
streets cf Windsor in all directions, between persons
who called themselves Gentlemen and the snob ; that
he was kr.ocked down and beaten several times, and
after getting up the last time he had endeavoured to
run away, and in the h-at of the moment he kicked
some one who was on the ground. He had no idea
who the person was, and had not the slightest inttntion
of causing Lord Mountsandf. ird's or any other person's
death. He was extremely sorry for what had happened,
and when he heard that there was a warrant out against
him, be immediately went and sut tendered himself.
On the past of the prosecution the last fact was ad-
mitted.

Thomas Hunt, in his defence, said, that he had no-
thing to do with the riot, but he was grossly assaulted
by a Baronet, whose name he mentioned, and ss ho was
An officer in the Guards. lle declared solemnly that
he had not been in Brinklett's company on the night in
question, sod knew nothing of ss hat had flatly hap-
pened until long after the transaction. He had not
hrtuAht witnesses to his character, because he did not
know it was necessary ; but all the row commenced
' with the Gehtlemen, and if there was any body in Court
ern Win.lsor, he was not at all a'raid to ask them his
character before the Judge and Jury. The prisoner
then looked arziously round the Court, and iecogniz-
ing Mr. Smith, the High Constable of Windsor, he
called him.

Mr. Smith, an old respectable looking individual,
then got into the box, and deposed to the general di,.
turbauce of Windsor on the night in question, and
stated, that when going his rounds a party of Gentle-
men run round him into the Three Tuns public house,
between twelve and one, and came oot in a minute.
They then called ont for the 66 Charlies," saying that a
pickpocket had gone in there. Witness searched the
house, but fund only the landlord. One of the Gentle-
men then caught 11.41 d of both his hands, and said, "My
fine old cock, let us have a good shake," and almost
shook his hands off. Another of them, who was be-
hind him, caught hold of his ears, and wrung them so
dreadfully, that from the water it produced in his eyes,
he could not see for several minutes. _

San•uel Buckmaster, a tespectable shopkeeper in
Windsor, gave both the Hunts an excellent character.
Mr. Baron VAUGHAN summed us) the evidence to
the Jury, telling them that the offence committed only
4mounted to manslaughter, as such a general tumult
had existed, and no malice prepense had been proved.
His 109r4ship left it to the Jury to say whether all or
f the prisoners had been guilty of manslaughter.
The Jury consulted for file minutes, and then found
all the prisoners Guilty of Manslaughter.
Mi. Baron VAUGHAN, in passing sentence, said that
to afford an example of the punishment which the laws
of this country awarded to crimes beyond description
in brutality, he should pursue the utmost course allowed
by statute. and therefore sentenced Brtnklett to trans-
portation fur the term of his natural life. The other two
prisoners had aided in the brutal affray, though their
offence was di,tinguishable from that of the main ag-
gressor, and therefore he sentenced them only to two
year:imprisonment and hard labour.