Brighouse & Rastrick Gazette. — 1886-01-16 (Brighouse, West Yorkshire, England)

THE NETHERBY HALL BURGLARY.  In the Queen's Benoh Division, on Monday, before Mr. Justice Denman and Mr. Justice Grantham, the we of Regina v. Rudge came before the court ups,n a motion made by Mr. Cavanagh for a rule nisi to remove the trial of certain prisoners from Carlisle to the Central Criminal Court in London. The motion was made on behalf of two of the prisoners charged with murder, attempted murder, and larceny in connection with the Netherby Hall burglary viz., Anthony Benjamin Rudge and John 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 Burne, was,while engaged in efforts to capture the burglars,shot dead, while another constable named Jacob Johnstone and a police-sergeant earned Roche, were also shot at. The learned counsel produced an affidavit made by nudge setting forth the facts connected with his arrest; and stating that a fair trial could not be had at Carlisle. Rudge also complained that at the coroner's ir quisition on the body of Byrne he was not present or officially represented, and a verdict of wilful murder wss returned against him, and further stated that both at the hearing before the magistrates and when he was placed among three stringers for identification he was ?rept in irons, a circumstance which he thought had greatly tended to imbue the public with a belief in his guilt. The prisoner Martin filed a similar affidavit, and the learned counsel stated that he believed that no objection would be made on behalf of the other prisoner (Baker), who was represented by Mr. Mattenson, to the removal of thd trial to London. An 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 Carlisle Patriot and Cumberland News, which it was alleged assumed the guilt of the prisoners. For instance, it was said to be stated that the appearance of three such men anywhere would put those about them on their guard, and a description was given of the arrival of one sof the prisoners at Carlisle Station, when it was said the mob exhibited a disposition to lynch him.—Mr. Justice Denman said that he was of opinion that they ought not to grant the rule. He by no 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 w.is 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, e,peciallv as most improper effigies of the pr ss!rier, had bteli, added to a wax-work exhibition of criminals 111 London, and this fact had been placarded over London, —Mr. Justice Grantham conzurred.—Rule refused accordingly.  A maiden lady of independe t Ineans,named Reeve, residing at Tutbury, Burton-on-Trent, was f und bv her servant onMonday rnornin, bunt to death in bed. The Llanberis slate quarries were reopened otMoudey morning, but no men wesented themselves to resume work. There is no disturbance in the disttict. On Monday a number of convicts arrivel at Galway where they will be einploy.-d on the nov Government works in Galway harbour, which include a breakwater. The convicts are from various prison., and the Galway Gaol is being enisrged to accomin.r date them. The convicts were ,s;ort,-,1 ci)nstabulary.  OR Monday morning the polies received information of the death of Alexander W, ight, farm labourer, which occurred in the Poplar II s,iital. A few days sin !ci a stray dog was seen on the farm of his employer, Mr. Mills, of Barki g; WriAt w&s &omit to shoot the dog, when the gun burst •nd several of thpieces struck him in the head and face, seveiely injuring him. The various law courts reassembled on Mmday after the Christmas vacation, the ler ned judges ts ki rig their seats on the bench at the nidial hour a 'tall p 10, no formalities being obsei c.-d on this occasion. In the Lord Chief Justice's Court, M. Jostie• Grantham, the newly-appoint-d Judge of lie Queen', Bench Division, took his seat with Ur. Justi‘u Denman in banco.