The Sun. — 1851-12-15 (London, England)

ISI PRIUS COURT.—(Before Mr. Justice Dux.) John Whittaker, an officer of the Preston police force, was indicted for wilful and corrupt perjury. Mr. Blair prosecuted, and Mr. James and Mr. Monk defended the prisoner. _ _  From the evidence in this case it appeared that on the night of the 25th of November, 1850, Ellis, the prosecutor, and a boy named Noble left a publichouse in Preston, where they bad been drinking, at a late hour. The defendant was o❑ duty in Churchstreet, and heard a cry of " Police 1 Murder I" upon which he hastened to where it seemed to come from. He swore that he saw Ellis strike Noble, upon which the former was apprehended, taken to the policestation, and fined Si. for the assault by the magistrates. Noble swore upon the hearing of the case that Ellis struck him, and his mouth was bloody and dirty when the defendant came up. Whittaker subsequently pointed out to his sergeant where he stood when he saw the blow struck, and also where the prosecutor and the boy where. Several witnesses were called by the prosecution, who swore that it was quite impossible that a person standing where Whittaker stood could have seen a blow struck where Ellis and Noble were, and in this consisted the alleged perjury. Ellis, the prosecutor, swore that he never struck Noble, but that he tumbled down, and in so doing cut himself, which accounted for the blood and dirt on his face.  Several witnesses were, however, called for the defence, who swore positively that they could see from the one spot to the other; and a man named Green, a witness of credit, who was standing near Ellis and Noble on the night in question, stated distinctly that he saw the former strike the boy. The prosecutor was also shown to be a man of litigious and violent character, that he had been frequently in the hands of the police, that he was a constant suitor in the County Court, that (though a married man with a family) he was often found drinking at a public-house, and that having become a bankrupt his certificate had been refused by the Commissioner for the period of two years. His LORDSHIP intimated to Mr. Blair that he thought the balance of evidence was against the prosecutor ; but Mr. BLAIR proceeded to address the jury in reply, after which  The Learned JUDGE summed up, and said that if the jury thought the blow had really been given they could not venture to convict on the evidence of Ellis. If they acquitted the defendant he wished them to say whether, in their opinion, there was any foundation for the charge.  The jury immediately returned a verdict of Not Guilty, and said they were unanimously of opinion that there was no foundation for the charge. His LORDSHIP expressed his entire concurrence in that opinion, and told the defendant that he left the court without the slightest stain on his character. Active officers, who did their duty in looking after public-houses, frequently subjected themselves to similar charges, and he had tried many such. Mr Justice ERLR was engaged during a great part of the morning in trying two cases of rape unfit for publication, and with which the business of the assizes in his Lordship's court terminated. The whole business of the Winter Assizes was concluded shortly after six o'clock.