Winter Assizes.
The Times, 1824-12-29T00:00:00

Tile learnee Judges (BR uoudfs'aii4 GAtRiioWY 'arrived here yestqrday,l but no husiness was 4oe-'eictedatltib rebding of th ofm iflssiofls. ..,- . ,* ! ' This morning the two Courts were opened far the db3oatc1 of business. I Mlr. Justice ilURiouGH remarled, after t1e names of the mna- gistrates had been cdlied;o'Ver, that the -nimes bftlid constables had npt.been'ca.Ied, andiasked of the Under. Sheriff' the reasba,'-as by law- they; bwurppund to tive their attendapce;at the assizes. The tU.nder Sheriff replPed that it wa`s not' usual tb summon them., Mr. Justice BuIaZ o GU.-.at they ought to ,be summoned-* the2law requires-their attendance, an' upon tlie present occasIon I iVanted particularlyto-see the constableI of Moilgey-,; all the- con. stables must be summoned at the next assiZem. -Mr. Under Sheriff boIea iassefnt-to.the ,request of the leamed Judge. - .: The Grand Jurors were then sWorn; George Hobre Sumner, E%q., Foreman. iHis Alaestv's most gracious pro IAmation- againt vice, immora- lity, and debauchery,'was then react, after thte usual previous-pro. claamation commanding silence. Mlr. Justice BuaitoUGo, in a -tone of voice so low, that it was impossible he should be heard- bv any not immetniately Addreased, observed, as we understood bimn, that there was -but due caso in the calendar to which he shoald call the attention of the Grand Jutry: he alluded to the alleged murder of' a child by its parent. To the evidence on this subject they would-pay- every attention; the crime charged was so horrid that the bare contempfation of it was painful in the extreme. His f,ordship then -made a tevi obserVations wthich wereentirclyinaudible; but'atlength, by n -apparent exertion, raised his voIce, and as well as we could- collect-give the following chaTge to the Grand Jury relative to prize fighting:-_ "In the early part of this circuit I had to caU the ittention of the Grand Jury of another coanty to a case of manslaughtei, occaoioned by a man having been killed in consequence of a pugilistic encoun. ter. That cuse, however, was not one of an aggravated nature; and from the evidence which appeared before us, it was a fair fight, aris- ing oat of a quarrel. For the purpose of nccommodating all parties, and assuring the observance of that day which' ought to -be e'spe- cially devotpd to-the service of Almighty GoEf, and celebrating the birth of our Saviour Christ, we arranged that ample time should be gtven=frtjereturn of all parties to their respective homes. In at interi t was with geat grief that we learnt from the- pub- lic prints, that that timad been idevoted to purposes totally dinTerent from that which we had contemplated, by persons in the county in which we now are. and within -a very short distanceofthis Court. I allude -to the -circumstance of a pitched battle liavinu been said to have beeb feught at a place called Moul- sey, and whichlasted, as is stated,'for onie hdur earl a quarter. Gcn. tlemen, after vwhat had previoasly pasyed- h this tdsbe ncdured? Is such condget to-be tolefted ? It58 w9hl-Ano7Wobe contrary to the lawaof thecountry,nnd must he put ,an' end t;. We are-all aware that these fights'are,made up foi the,ptrposeisof indulging the propensities of the Vicious, and encouraging the.bettingof amblers. Hven the men themselves fight for mnoney; bud- sorry I am to -er ceive, that even those who have soMC prete'ioiniwte the rin'6of gen. tlemeni are found to encourage -them. nIll this- be enduied' by the Gran(d Jary of. the county,- -in whose hands the power df'put. ting a stop to thesedisgracefulscenes is vested ?. I say thepowem-is ini your hands, Gentlemes. for it is oneportionof yoar duties to in- cise into' aU unlawful assemblies. Thattthee agsemgo lies to whict am now alluding are unlawful ean"'t be uestlnjed. ' That tlose of whom they are-composed have setpublic--ieat defianc4ss equally evident. These-fights ate-freqi ntdtWii lswell knowa by all the rabble-of Lonilon; who' inste3d of worshipping th-er 4o4 and rejeicig in the birth of a AaviouT, so recelitly ifsseleil dio a day devoted to holiness for the indulgencoof vicd artd.the subversion of order. It is notorious thst'thos pitched battles are gene. rally, if not always, -made up aS pabhic.hpusss dnd for the encouragement of publicans, wbo, on their part, are ever ready to promote such unlawful assemblies. lHere then-- it isevident yea have strong power, by refusitig to renew the licence of any publicat; who has allowed such transactions to- take place in his house. You have a right to say -to these-publlns- You have done wrong, and shall not have your licencezugain.'- here is also another course which you may and ought to pursue. - The cambat- ants assault each other; you have the power of iudicing each of them for such assazdt spon eac/i other. I would also-sdrise indict- ments against the seconds, or any other parties of whom it can be ascertained that they were aiding aud assisting in the breach of the peace. The names of the -principals and seconds are, at least in the present case, within your reach. I an alluding to the fight which (as [ learn from the public papers) is said to have taken place between Jem Burn and - O'Neale, and in which, accordisg to report, persons caUed "U hYcie Ben" and " Tom Oliver" were the second and backer of one of'the combatants; and Harry Holt and Tibbutt, the second and backer of the other. If you should have onc witness before your who shall prove to your satisfaction that the arties vwere present,- you will be justified in finding a true bill. That true bill will bring- the pasties before us, and we shall then see whether their arms or the arm -of the law is strongest." His Lordship thenobserved upon the immoral tendency of fights upon the public at large, and concludea by urging the Grand Jury to actdve'and irnmediate proceedings in regard?to the sub- ject upon which he had addressed them. The learned-Ju4e, after the conclusion of his charge,-recalled the Grand Jury, and stated to them that it would be well-to send for the constables of, oulsay, who might probably be able to speak to the fact of the recent-con. bat, anathe parties concerned in it. Mr. Holmne Sumner, as the foreman of the Grand Jury, teplied; that a rmessage should be Instantly sent, and he had no doubt but that the constables would be very shortly before the Court. A short time betbre twelve o'cleck, the Grd Jury retirel for tio purpose of performing their duties. .Wn7'JRR. 4YsIs=. I - KINGSTON, TuFsDAY-I)Ec. 28.,