The Warwickshire Herald. — 1886-01-14 (Birmingham, West Midlands, England)

THE NETHERBY HALL BURGLARY.  In the Queen's Bench Division, on Monday, before Mr. Justice Denman and Mr. Justice Grantham, the case of Regina v. Rudge came before the court upon a motion made by Mr. Cavanagh fur a rule nisi to rein ye the trial of certain prisoners from Carlisle to the Centrel Criminal Court in London. The motion was made on behalf Of two of the pri,eners charged with murder, attempted murder, and larceny in connection with the Netherby Hall learAlary viz. Anthony. Benjamin Rudge and Jelin Martin. The other prisoner is James Baker, and the learned counsel said he did not anticipate any objection on his behalf to the removal of the trial. It will be recollected that a police constable, named Joseph Berne, was,while enraged in efforts to captute the burglars,shot dead, while another constable named JacobJohnstone and a police•sergeant mimed Roche, were also shot at. The learned counsel produced an affidavit made by nudge setting forth the facts connected with his arrest, and statirg that a fair ttial could not be had at Carlisle. Rudge also complained that at the coroner's irquisition on the body oi Byrne he was not present or officially represented, and a verdict of wilful murder was raurned against him, and further stated that both at the hearing before the magistrates and when he was placed among three strangers for identification he was kept in iris, a circumstance which he thought had greatly tended to imbue the public with a belief in his guilt. The prisorier Martin tiled a similar affidavit, and the learned counsel stated that be believed that no objection would be made on behalf of the other prisoner (Baker), who was represented by Mr. Mattcnson, to the removal of the trial to Louden. Au affidavit was also filed by Mr. Thomas Johnson, solicitor of Carlisle, to the effect that the prisoners would be unable to obtain a fair trial at Carlisle on account of the popular feeling against them. Attached to this affidavit were exhibits containing extracts from the earl4sic Patriot anti Curni,(l.land News, which it was a'leged assumed the guilt ot the prisoners. For instaree, it was said to be stated that the appearance of three such men anywhere would putthose about them on their guard, and a description was given of the arrival of one of the prison, rs at Cariisle Station' when it was said the mob exhibited a disposition to lynch him.—Mr. Justice lienman said that he was of opinion that they ought not to grant the rule. He by cjio means intended, however, to lay down the doctrine that an application of this sort, founded upon sufficient grounds, might not be made at a very late period, hut where it was made so late as this it was a strong element in the consideration of the question whether it was really made because it was expedient in the ends of justice or for the purpose of delay. He considered it doubtful whether the prisoners would obtain a fairer trial in London than in Cumberland, especially as most improper effigies of the prisoners had been added to a wax•work exhibition of criminals in London, atd this fact had been placarded over London. —Mr. Justice Grantham cote:lured. —Rule refused accordingly.  A maiden lad) of uidependeot inesns,named Reeve, residing at Tutbury, Burton-on-Trent, was found by her servant onMonday moruing buint to death in bed.  The Llanberis slate quarries were re-opened onMonday morning, hut no men presented themselves to resume work. There is no disturbance in the district.  On Monday a number of convicts arrived at Galway where they will be employed on the new Government works in Galway harbour, which include a breakwater. The convicts are from various prisons, and the Galway Gaol is being enlarged to accommodate them. The convicts were escorted by constabulary.  .[1  • , , , .. , 3.. ~. .. 6 , 21 . / • l' ; L A i 1 ; i.. 4. i! Iti 1., .1 I , LI : i