The Sun. — 1845-07-24 (London, England)

WESTERN CIRCUIT.—Exeter, .Tidy 21. the lower part of the body by the prisoner. The prisoner The commission for holding the assizes for the county William Smith, another policeman, complained of a kick of made a violent resistance all the way to the station-house. Devon was opened in this city on Saturday evening. The upon the thigh, which the prisoner intended for a more dancause list has 20 cases entered, and the calendar contains the gerous part. names of 58 prisoners, among whom are the 10 pirates for the Sergeant Dunp„lisson found the prisoner strng at and kickmurder of Midshipman Palmer of her Majesty's ship Wasp. ing Finn and Coif. e. As soon as the prisoner Was overpowered The Learned Judges yesterday attended Divine service in his legs were strapped together, and he was carried to the sta. the cathedral. This morning the business commenced, Mr. tion. On the way he complained that his arm was being hurt. Baron Platt presiding in the Crown Court, and Mr. Justice The policeman let go his arm and he immediately bit Finn's Erle sitting at Nisi Prins. In charging the grand jury, Mr. Baron PLATT made the thigh. At the station-house he promised to walk quietly into the cell if his legs were undone. following observations with regard to the case of the pirates:— and he made use of his liberty The experiment was tried, to kick witness's legs several Thereh was one matter which they would have to decide times, and it was necessary to resort to force to get him into the wh came before them not as really belonging to their cell. The prisoner was not drunk, but he was bent on doing 9 as much injury to the police as he could. county, and forming no part of the criminality of the count over which they presided, but a crime had been committed Mr. Flerapath, the hatter on Holborn-hill, bore testimony to out of the jurisdiction of the county. They must be aware the excessive violence of the prisoner, and his attempts to inflict of the case to which be alluded. It seemed that a num- a very painful injury by kicking. her of persons bad been brought to this country for the pure Mr. Alderman CHAnnis asked if this malice was superinpose of taking their trial before this Court, as a Court of duced by the conduct of the police towards him? Mr. HeraAdmiralty. They were aware that offences could only, by path declared it was not. He saw the whole of it, and he never the common law of the land, be inquired into where the I saw men behave with more forbearance. Their conduct was offences had taken place within that county. So that if the offence had been committed in Dorsetshire, they would i exemplary. He had resided on the spot twenty years, and had have no jurisdiction to try that offence here. With regard to , witnessed many violent struggles, and he never saw one equal ito this. He saw the prisoner make pro a effort to those offences which were not committed within the boundary kick a policeman, which must have produced death if it had of any county, anciently the Court of Admiralty assumed a taken effect. jurisdiction over them, which was recognised by every State in Mr. Alderman CHALLIS said as he had not power to punish Europe, and in which Court the rules of the common law were with sufficient severity such brutal conduct towards the police, not observed, but the law was the civil law administered with- he should commit the prisoner for trial at the next Old Bailey out the intervention of a jury. At last it was thought that where a man was to lose his life there should be the verdict of sessions, and should direct the City Solicitor to conduct the twelve independent jurors to pronounce him guilty, in con- prosecution. sequence prisoner, who seemed to have counted en a month's imsequence of which an Act of Parliament was passed, by which prisonment as the extent of punishment to which he could be it was enacted that for the future parties charged with the subjected for ill-using a policeman, fell into a fit when he commission of offences within the jurisdiction of the Admiralty found he was actually to be committed to Newgate for the should be tried before commissions appointed for that especial offence. purpose, and sessions were to be held, denominated the Admiralty Sessions, which were to be held twice a year at The depositions were taken, and he was committed for trial. the Old Bailey, in the months of October and March in every