The Sun. — 1827-03-08 (London, England)

WESTERN CIRCUIT.,—WINCHESTER, Meacn 6.  Mr. Justice BUKROUGH, in his charge to the Orand Jary,severely condemned the practice of prize-fighting, and expressed hie surprise, that the Magistrates did not exert themselves ..ta prevent it in this county. ' lie adverted to the recent case of; Mr.. Brougham, where the interference ,of the Afagistratee bad prevented a serious affair, and expressed his opinion, that both prizefighting and duelling might be put an end to, if the Magistrates would do their duty. _  In the Nisi Prius Court Mr. Richards, proprietor of dig AP, was found guilty of a libel on Alr. Westmacott. Copia* of the libel had been posted. about Southampton, and., traced to Mr. Richards.  Mr. BINGHAM, for the defendant, ridiculed the libel as-a bad practical joke, such as a good character could not be injured by, and a bad character was incapable of injury.. The libel itself was published some time ago, when the defendant was convicted of printing without affixing his name to the placards..  NORTHERN 1,, A1h.44,. The Assizes of Durham terminated this day, NO .s - Lay importance has occurred to-day. Neither of the persons 4upilally convicted have been left for execution. Lawrepsou, foz,eptting and maiming, will be banished-for life.  OXFORD CIRCUIT, Masten 7., _ . „ The omrnission was opened yesterday. The ludgeo,,Darons GARROW and VAUGHAN, went to hear Divine Service :at*. Mary's Church this morning. The calendar is heavy,,.ther,iliOng no fewer than '77 prisoners. The moat serious charpe appear;so be those against Thomas Harman, aged 21, for an..assault at Lewkuor, upon Emma Mead, an infant aged only three part and a half, with an unlawful intent, and against Isaac Swift fora rape upon, and the murder of, Hannah Mills, at Chesterton. Mr. Baron Garrow, who sat on the Crown side, entered the Court with the Rev. Dr. Jenkvns, the Vice-Chancellor of the University;,,fi. B a little before aAu eforetwelve o'clock. sed the Grand demen, you cannot fail to 'participate with me in deep, regret at so unusually a large calendar. Seieral of the offences are, pia nature that must command your most serioua...Attentinn. I have endeavoured to make myself acquainted with, the inoit important cases. '1 here are two cases which excite the. greatest distress. I speak of the attack upon the infant part of tee ;Aber sex by the most brutal part of ours. The tender age of the infant renders it impossible that the offence could be completed, and the charge is very properly for the assault. I must inform, you, that our law does not admit of hearsay evidence, nor does it admit of any other evidence than what is on oath; but if the mother saw enough, combined With other circumstance., that will be probably proved upon oath, you will be warranted is find` ing the bill. There is another Case of rape and murder.. , I lieu, addressed Grand Juries_ so often upon-the subject -Of depart-, tions, that I am ashamed to offer .more _obeervatione ; but I have to-day a melancholy, llustration of 'the continuing -us- •• cessity of making these observations. It is now-about two .-confuries and a half since the law made provision, for seeming the course of justice where parties -die, by providing.thattbeiti 81404 sitions against the persons charged may be read in evidence. But our ancestors did not confound things ; they reoollectechbat no; thing that passed in the absence, of ,a " prisoner could, be beard against him, because he could have no power of cross-examining such testimony. If taken in the prisoner's presence, then depositions may be read. Shouldthe prisoner, at the time of the deposition, be at large, if he is afterwards taken the witness must be re-sworn, the deposition read over to the prisoner, and an opportunity to cross-examine the witness afforded him. Without this is done no deposition of a party dying can be read. The deposition should contain the plain narrative, in common, and not in techni,-:-cal, language. The examination for the imputed rape was taken on the 6th, not in the presence of the prisoner;. the woman.died on the 7th. You cannot look at the deposition. The deposition, instead of describing the circumstance and progress -of the crime in plain language, has the technical word "rcgpuit," " succeeded in ravishing." This is a question of law for the Judges to decide.