8 NOVEMBER 1828, Page 5

MIDDLESEX SESSTONS.-Mr. Henry Haley Holmes, James Wood, and Charles Charsley,

were indicted for a misdemeanor, in having, on the 13th of September last, "unlawfully and wilfully broken. open a vault in the church of Hendon, in which certain dead bodies were interred, and that they did unlawfully sever a head from one of the said bodies to the outrage of public decency." The opening statement of Mr. Adolpfms, the counsel for the prosecution, detailed the circumstances attending this singular case. Mr. Alley then observed that the indictment could not be sustained, inasmuch as it was not alleged that the imputed misdemeanour had been committed for the " sake of lucre or gain.' The Court repelled the objection. Mr. Alley next objected to the Reverend Theodore Williams as a witness ; there was no evidence to show that he was either a clergyman of the Church of England or Vicar of Hendon. The Court also overruled this objection. On a reference to the SPECTATOR, No. 12, p. 184, all the circumstances of the misdemeanour will be found detailed in nearly the same words as given in evidence on this trial. Mr. Williams, in reply to a question of counsel, said that the bodies in the churchyard of Hendon had been buried with the rites and ceremonies of the Church of England ; but no body had been interred in the vault from which the skull had been taken within the period of his incumbency. The late sexton said that it was upwards of twenty years since he had known of two bodies being buried in it.

Mr. Alley, for the defence, again contended that there was no case to go to the Jury. There was no evidence to show that the bodies with which the defendant had meddled had ever been buried with the rites and ceremonies of the Church, which formed an essential part of the indictment. The testimony of the Vicar was entirely nugatory on this head; and although the sexton had sworn to the Christian burial of two bodies in that vault twenty years ago, it was not shown that the body which the defendant had disturbed was either of those two. This was not one of those ordinary cases which come under the description of body-snatching. In all he had done Mr. Holmes had been only actuated by a passionate devotion to science; and by the desire of discovering the source of a complaint which had long been prevalent in his family. Several medical gentlemen of high reputation in London concurred ia giving the defendant a most admirable character for ardour in his profession, and for general morality and propriety of conduct. A certificate to the same effect from Mr. Abernethy, who could not attend the trial, was also read : Mr. Abernethy solemnly declares that he believes Mr. Henry H. Holmes was influenced " merely by the love of scientific investigation, and that he is by no means deficient in kind feelings, or respect to public opinion." The Jury found a verdict of Guilty against all the defendants ; but they recommended Mr. Holmes to mercy, believing that his object was the promotion of scientific knowledge. The parish-officers and the Vicar joined in the recommendation, from a similar impression. The Chairman said that he would allow the defendants to go at large on their own recognizance till the first day of next sessions ; against which time he would have made up his mind as to what judgment he would pass.