Durham, Monday, March 1.
The commission was opened and read on baturdar, andt tthe Co)urt adjourned to this da-;. ThIc Grand Jury, of which Sir lledworth Williamson, Bart., was foreman, being sworn, the JnDm.E shortly charged them, and congratulated them that thc calendar contained fi-w cases of any consequence, with the exception ot' tvo, to which be would call their attention. xI the first case, of rape, they woul d particularly examine if any doubt remained in the mind1 of the person bringing forward the clarge, as to the identitv of the person charged ; if so, lier testimony must be strongly supported and it would be most important to know if the person wasq seen about the place at the time the offence was committed. In the second case, also of rape, from the nature of the depositions, he douhted much whether they hadl received that particular attention they scemed to merit. There were two other cases in the calendar, of highwvay robbery, to which he would have adverted, but he hlld not seen tc examinations. This he always regretted, as he wished to call their attention to the evidence to be brought before them. In a case of manslaughter in the calendar oc- casioned by firine a gu.n, by which a horse had been alarmed, and the feath of a person 'caused, he told them to consider wlhether the purpose witicl the person (charged with firing the gun) was then about, was a lawful ancd necessary one: in that case. thev would certainlv find it manslaughter. He recommendeti the situation of a valuable portion of the community of this coun. trv, the miners, to their particular attention: an explosion had lately taken place in one of the mines, by which considerable damage vras done, and great danger to the miners incurred; and he. must tell them, if in anv case a superintendent neglected to provide the ne- cessarv guartis to ensuire the safety of the miners, and any accident occurred, in satct a case the superintendent would be guilty of manslaughter. IHe reconimended them to visit the gaol, and see the employment of the prisoners; the benefit of wlhich to them- selves, in every point of view, he stronglv commented on. A/ice M'l nosald, wife of ivm. i'i It ald, was then placed at the bar, and indicted tor liavinig stolen linen. Her husband was con- victet at the last assizes. and no evidence being now produced against her, she was acqnilted. Richard Stockdale, of Brafferton, was fotund guiilty of stealing a sheer,, the property of ThomasTeaedale, of Preston-lodge, on the 18th or 19th of December last. R?Pbert Rutherford, aeed 17, late of Bishop lW earmouth, ma- riner. was indicted for havine burzlariouslv broken into the dwelling-houscof John Nicholson, of Sunderland, on the 2d of Februiary last. There was anothier count Jbr ttealing a quantity of wearing apptarel. ;llr. I,osst stated the case, and called the prosecutor, John Niclolsoll, wvho stated that he kept a public-house in Sunderland. It was secured at ten o'clock at night on the 2d ef Feb. He found the (oors open on going downi at six o'clock next morning: thev had been opened t'rii the inside. The cellar-door fronting awn area had been forced npen , the bolt of the door broken. From the cellar there was access to everv patt of the house. On ex- amining tile houise, he found a draawer and about 8s. or 9s. had been taken away; also some rearing apparel, consisting of a coat and waistcoat, 2 gowns, three petticoats, shawl, and his wife's zreat coat. Saw tie wearing apparel afterwarls at the magistrate's. .Mr. Wadfortd. constable, examined.-Apprchended the prisoner in company with a nran named Small, on the 4th of February, in a lodging-house, with a wonan infill falle. On the .5th, Drisoner was brought to the ma ristrate's,and wlhilst there. hetol4d him if he would go to .Mr. Hall's glass-hotise, in a large sand heap under the rocks, betwecn the glass-hotise a:d the bridge, he wotild find a bundle of clothes belonging to Nicholson, *whichi prisoner said he and Small had got bholut two o'clock oa Wednesday morning. WVitness went there. and fourad thc clothes, which had been in his possession ever since. - S,nmth, clerk tio the magistrate in Sunderland, examined.- lie took (IXn tilc confession of prisoner,Rutherford, in his presence whichl he read over to Iiim afterw,arn, when he putt his nsark to it. In saustance thie confession was-that Snmall had asked prisoner to go to a place where some motley was to be got. He went with him to Nicholson's. wlien Small went in, and brougltt otLt the clothes and money. wiict, they divided eqtually between theni.-Case closed. The prisoner repeatetl hiis confession, and threw himself on tue mercv or tile Court. Tihe .J ttDF, in summing ttp, remarked that an accessory, though he might wait at the out-ide of the dloor while hiis companiotis were searching for plunder, was equally culpable. The Jurv fottnd a verdict-Gu;ilty. George 8vans was indict el for a burglary in the house of Cuth- bert Yo'ong, in Soath tShields. There wvas another count in the in- lietment, charging him witli stealing nails, tlle preperty of AMessrs. Xoutng. fie was folundgii/tv of the btealing. Before tile Coatrt rose, Mr. Justice BAY IEY proceeded to pass ,entence on the following persons, wlio had been fotnd guilty in the early part of the lay: his address to each was such as to create the itronleyst sensation in the minds of the numerous auditorv :_ Joseph lrat.son, found guilty of stealiig. to he imprisoned in the botise of correction for the county for the space of 12 calendar months, atttI to be kept to hard labour. George Evans, aged 60, to be imprisoned and kept to hard labottr for two years. Richlarti Stockdale, convicted of sheep-stealing, jutdgment of ieath recorded against hitin, but recoumrnended to the mercy of' the Crown. Robert Rutherford, convicte(d of burglary, judgment of death re- corIled, but recoinitiended to mercy. TI'ESDAY, MARCAi 2. Arhlulr Ru is, a labourer, aged 16 years, late of the township of Elvet, was indictedlfor having feloniously assaulted, and having committedl a rape on Isabella Douglas, of the same township, on the niorning of the 29th of July last, in a field adjoining a wood near Dulrtam. _r. Coocsor and Mfr. Locnt conducted the prosecution. Mr. Locii addressed the jury, and gave an outiine of the leatling featores of this hiorrid transactt.ln. IsabeUla Douglas, the prosecui- trix, was a servant, of unbletiseied character, in the employment of AIlr. Shaftoe. She was sent out to milk cows on tle morning oftlte 2!th of July, an d proceeding througit the fields she was knocked down by slme person coming behind her, and then unknown to her. Having becn rendered insensible by his tteatment, she could not de. tail the commencement of the outrage on her person; buton coming to her recollection, site found herself in such a situation, being ets- ffieebled and w eak, that the person effected his purpose. Isabella Douglas,the prosecttrix. examined, and stated she was, 00 tile 29th of July, living witht M lr. Shaftoc, an a milk-unaid;, pro- ccedetd on th at morning to milk the cows, through a wvood in Old Elvet. It took her about 20 Inioutes to get there; was in the upper end of the wood wlctt she bIeard a foot behind her, and a man say, " D-n her. I think shie has nothing." She, on hearing thlls, partly turned round, and the person struck her witli a sticlt on the back part of the head a violent blow. She was knocked down by it, and rendered insensible, bill can't say how long she remained so. WYhei slie recovered shie found a man-rHere she detailed circum- stances to prove the rape. 1 I loolked up at him, and he struck me again in the face. Being weak, I was unable to call out: I was felle l. Thle COUItT asked her why she didt not crv out? lrftness answered she was too weak; she was unable to oftea any resistance to-what hie was doing. Other evzdence was heasrd in confirmation of the girl's $tory* and there was no doubt that somebody had commnitted. the outrage charged in the indictment; but the prisoner produ-ed several re- spectable witnesses, whose testimony raised a verg reasohable doubt as to his being tile identical tavisher. Ti e J'iGE charged the jury, and said. this is a case in 'whicb, thotigh it is our duty to protect females from y'iolatin, yet the life of a person being at stake, the identity. of the person charged must be sastefactorily proved as the pertson conmiuittitig the crimne. The jury would consider the state of the complainlants feelings at the time the outrage was committed, and srhether, Fonm the oppotunitv afford- ed her,she could fully identify the prisoter. H recapitulated the evidence most milnutely, and left the dreurnstancesto thebi considerc ati n,beggig them to recollect, thatthough it was their duty to pu_. nish crime, cre -should be taken lest an* over anxiety should make them overstep the bounds,and hazard the life of another. Iftlle evidence left them sn any reaso60ble doubt, let the prisoner have the benefit of it.- I he jury retired for about ten rainutes, and brought in a verdict of_Not in.Wy. VlUan Dat,vison of Sunderland, lalb6frer, aged 53 years, was indicted for an assault vith intent to carnally know and abust Sar-a Greenwell, an infant under ten years of age. There was another countin the indictment-for a common assault. The case was clearly proved. Tbe prisoner made no defence. he.J.U0DGE -charged tbe J y,'wh. 'rted, n xin a f'mi. nutesbro,)gltin'thbeJr,,verdic Gji- oirgel lAfr, Cqow;sow Sovedi that %he recognizarces of the "P ; rringtogx 1be discbarged; 'Et Was for an Rag*rataea chnrge-au attemnt tot,comit a. ape. No bill had been found by thegrand JQry. nd.estittnghtgo abr'oidto tdhe country, thattbecasewi5 given up hccausc hwwag a elergxqnarthe~ took'tbat opportunitj bf publicly stating the. reasoh; wbch wiae'Therev gentleman ias in a completn atate of mnsanity -and he- had affidavits foin thep'hy- akcianwvho attended lums tolprove'what he sgid. Tbe CO?Tdichrgd hereogiihe'sd DURHAM. MONDAY, MARCH 1. irfore the HIrn. Mr. Jasict BAYLEY.