Star. — 1830-08-13 (London, England)

ASSIZE INTELLIGENCE. DURHAM, TUESDAY. Alto. 10. The LORD Cuter JUSTICE sat this day at nine o'clock, on the Crown side, and proceeded to dispose of the remainder of the came on the calendar. Donal (1 Ross, a decent-looking man, was charged with cutting and maiming one Thomas Ewart, with an axe, and with attempting to fire a pistol at him. Ewart, who was the chief evidence, deposed that he was a bailiff under the sheriff of the county, and that he had • warrant against the prisoner, in executing which he received the wounds charted to the prisoner in the indictment. It appeared, however, that Ewan had employed some men who had no authority, to make a caption on the wanant, and these men forced their way into the house of the prisoner for the purpose of seizing him. He resisted them, and cried out " Murder," thinking that they were besetting him for some bad purpose. Ewart got into the house, and instead of assisting the prisoner, as he thought he had come to do, he turned against him, and received in the scuffle the wounds complained of. He stated his purpose and authority, and on being required by the prisoner to show his warrant, he refused, not having it about him. (In this evidence the Court ruled, that as the hurts given by the prisoner was in defence of himself against an illegal arrest by persons who had no power or authority to take him into custody, he could not be made responsible for the violence which he had committed. Mr. Cookson, in support of the prosecution, urged the ease of the King v. Thompson, in which, as he stated, the defendant had been detained on a charge of manslaughter, for killing a man who had illegally arrested him. The COURT overruled this by remarking, that the use in question supported the view which his Lordship had taken of the present charge, as the defendant was indicted for manslaughter only, where, if the arrest had been legal, his crime would have amounted to murder. Under his Lordship's direction, therefore, the acquitted the prisoner, who was severely admonished by the learned Judge on the necessity of restraining the violence of his temper. Six boys, whose ages did not exceed 16, were arraigned upon a charge of manslaughter. The prisoners, it seems, were labourers at a cog-pit, near Gateshead Fell, in this county. On Saturday, the 25th of July, they were seen casting large stones down the pit, and thereby breaking down a scaffold which was erected 75 fathoms down, for the purpose of working a vein of ironstone which was found at that depth : the remaining depth of the pit was 25 fathoms. The next day two men, named Tennant and Graham, were going down the pit in a basket to their work at the ironstone, when, on reaching that part where the scaffold had been erected, the basket was upset by a beam, the only remains of the scaffold, and Tennant fihl out, dawn the remaining 25 fathoms of the pit, and was dashed t?► pieces at the bottom. The evidence was very clear, and the jury found the boys Guilty,' who were severely cautioned by the Judge, and sentenced to three months' imprisonment each, at hard labour. There being no more indictments to prefer to the Grand Jury, his Lonnatir, after thanking them on the part of the county, ftfr the services they had rendered, discharged them. The foreman (General Elmer) then reported to the Court that they had visited the criminal and civil gaola of the county, and the House of Correction, Mid had found all in a high state of older, cleanlinees, and good it. 'platten, and the priso.ners in general well satisfied with the treatment they experienced. His Lordship congratulated the gentlem.upon their sathfiastory visit. Vast runs.—(allow Ms. Jest's*