Stockton Herald, South Durham and Cleveland Advertiser. — 1871-07-29 (Stockton-on-Tees, Cleveland, England)

YORK SUMMER ASSIZES.  By Train & Telegraph, .).ront our own Reporter.  YOIIK, Friday Afternoon. The trial of prisoners upon tho Crown (Wender for trial at the Yorkshire Summer Assizes (North and East Riding Division), commenced at York  Castle this afternoon, before the Hon. Sir John Mellor, Knight, one of the justices of the Court of  Queen's Bench. Twenty-three Grand Jurymen, of whom Sir George Lane Fox is foreman, answered to their names; and, after the proclamation against vice and immorality having been read, Mr Justice MELLOR charged the Grand Jury. He congratulated them upon their numerous attendance, which was a gratityin,g symptom of the interest which gentlemen of station and position took in the peac tof the Riding. After alluding to the movement against grand juries, his Loldship said that he did not agree with that opinion, thinking they added to the security of the subject, and also to the proper administration of the law. Another, matter to which he would refer arose in connection with cases numbered 19, 20, 21, 22, and 23, wherein John Burns (aged 28), Michael Carroll (40), Joseph Reid (28), John Fielding (22), and George Lawrence (23), were charged with cutting and wounding Davin MiCully, with intent to do him some grievous bodily harm at the borough of Middlesbrough on the 24th June last. Five persons would be presented to the Grand Jury for this felony, but before an indictment could be found; against other men than John Burns, the jury must be satisfied that they had originally and previously agreed together to use the dangerous violence with which they were charged. From the depositions before him, they could not, he thought, be convicted of the charge. It appeared to him that no special felonious intent was shown except by the man John Burns, against whom the evidence was clear. It appeared to him they conl.l not find a true bill  akainst the others without substantial proof of the allegation witty!' said that all the men had the intent at the time. Of cour:e it could only be proved by outward circumstances, and _ these were not .  snown. To say that one inan used a knife, and that the others were present and equally guilty, would be a dangerous doctrine and an unsatisfsetory precedent. They might have encouraged each other, but still it was a dangerous precedent and he recommended that a bill should only be found against Burns. Another case to which lie would refer was a charge wherein John Houton, aged 16 years, was charged with arson of a shed and a stack of hay, the property of John and David Scarth Atkinson, at the township of Faitst Houuton, on the 29th March last, (committed from Yazin petty sessions on the 16th April, by Mr G. E. Wally.) This was a young man of good character, and there was no substantial evidence against him ; in fact lie would have been inclined to advise the jury to throw out the bill at once were it not for the statements made by the boy, and which he should not accept as evidence ; in fact the statements were quite consistent with the evidence. But after the prisoner was in custody, the policeman seemed to have presented him with a bible, which was a proceeding open to two constructions. If the officer intended to frighten the lad it was an improper act, but if he wished him to read the bible for his own good, it was a proper act. At any rate it seemed to be immediately followed by the prisoner saying "I wish I had told the truth." Accepting the previaus observations, and even this statement, he still advised the jury to throw out the bill, because, if any further evidence came t, light, lie could he again apprehended and tried. The Judge also alluded to the two cases of wilful murder set down for trial, and the perjury ease from Scarborough. No mention was made of the case against John Jowsey (aged 33 years), charged with forging an acceptance of a Bill of Exchange for the payment of £35 12s 6d, with intent to defraud, at the borough of Middlesbrough, on the 17th February last, the Judge stating that he had not had time to look at the depositions.