The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-12-15 00:00:00

CROWN COURT.-WEDNESDAY.,

Filman Casey (30) was convicted of having, at
Salford, feloniously stabbed Charles Bradburn, with in-
tent to do him some grievous bodily harm, and was sen-
tenced to fifteen years' transportation.

SHOOTING AT, WITH INTENT TO MURDER.
Wm. Lacey (35), Michael Taylor (27), Richard Cullen
(40) were indicted for having, at Fulwood, near Preston,
feloniously assaulted William Miller, with intent to rob
.him, and also with having, at the same time and place,
shot at Jane Miller, with intent to murder her.
It appeared that the prosecutor, Mr. Miller, is a sur-
veyor and land agent, carrying on business at Preston, and
that he reisdes at Clayton-villa, Fulwood, about three
miles from that town. The villa was oocupied by himself,
his daughter, two female servants, and a man servant.
On the evening of the 17th of November last, about six
o'clock kthe man servant being absent on his master's
business,) a knock was heard at the front door, when one
of the female servants went to open it, and on doing so
several men rushed into the lobby. Miss Miller, a grown-
up young lady, on hearing a noise, came out of the par-
lour and saw four men standing in the passage, and being
aware that there was an alarm bell at the outside of the
house, the rope attached to which communicated with the
interior, she went for the purpose of ringing it, but was
stopped on the stairs by one of the men (Lacey) who pre-
sented a pistol at her and fired. All the parties were armed
with pistols. She succeeded in getting away and regaining
the front door when another pistol was fired, from the
effects of which she fell down and became insensible, the
candle which the held in her hand having been previously
extinguished. Mr. Miller then came out of the parlour
and went towards the kitchen, when one of the fellows
seized him, asked him for his money, and threatened to
shoot him if he did not give it up. The man, however,
repeated his threat, and while that was going on one of
the servants succeeded in getting to the bell and giving
the alarm. This had the effect of scaring them, for they
all ran off immediately without being able to accomplish
their purpose, namely that of robbing the house. Taylor
was the man who presented the pistol at Mr. Miller, and
Cullen was identified as one of the party. They were all
spoken to most positively by Miss Miller, though she ap-
pears to have taken time before she identified them when
before the. magistrates. They were arrested o❑ the day
after the occurrence at a public-house called " Barrett's, '
situated at a short distance from Mr. Miller's villa. The
prisoners are Irishmen.
The prisoners called witnesses to prove an alibi ; and if
the evidence for the defence were credible, which the jury
considered it to have been, two of the prisoners were
drunk in Preston, and the third was drunk at home, at
the very time the robbery was committed. It appeared
that this evidence for the defence bad not been given be-
fore the magistrates, i❑ consequence of the magistrates'
clerk having then informed the attorney for the defence
that, as the prisoners were so distinctly swor❑ to by Mr.
and Miss Miller, and the servant woman, the magistrates
were determined to commit.
His LORDSHI r, in summing up, said emphatically that
magistrates and magistrates' clerks greatly mistook their
duty when they excluded any evidence whatever which
might tell for or against the prisoners, "Because," said
lie, " if the alibi here set up were the alibi of truth, it
was right then that the prisoners should have the benefit
of it, and at all events it could since then have been sifted
by the prosecution for the purpose of ascertaining whether
it was true or false, whereas, by the shutting it out alto-
gether, the prosecution have been taken by surprise, and
have been prevented from sifting it at all." His Lordship
stated that of the fact of the robbery, or attempted rob-
bery, having been committed at Mr. Miller's there could
be no doubt ; the question was, whether the prisoners
were the guilty parties?
The jury, without quitting the box, returned a verdict
of acquittal, and the prisoners were discharged.
THE RAPE AT EVERTON.

Mr. MONK applied to his lordship to postpone the trial
of Jonathan Phillips and Elizabeth Anne Lyons, on the
ground of the absence of the principal witness, Elizabeth
Lyons. Before the rising of the court, his lordship said
the case would be postponed until the next assizes, and
the recognizances of the witnesses respited.