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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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^ TQB&SHX&E SU MIfcEB ASSIZES ( Continued from our last . )
_ ¦ * CROWN COURT , Fbidat , Jcit 13 . The Learned Judge Williams took his seat about the usual time . Isaac Foster , 23 , Charles Cawtkery , 20 , and John JFade , 22 , were charged wi : h having , on the 9 ch of September last , at Hors ' orth , stolen from the person of William John Jack , of Leeds land-surveyor , twenty-five sovereigns , eighteen shilling * , a pocketknife , a hat , and a lantern , the "property of Joseph Colohoun . Mr . Cottixgham and Mr . Wasset were for the prosecution ; Sir Gbegoky Lewis defended the prisoners .
The pro > ecutor is a land-surveyor at Leeds , and the three prisoners are labourers : Poster and Wade living at Pntbey , in the neighbourhood of Lneds , and the prisoner Cawthery at Tone , an adjoining township . On the -day before the robbrry , lie pnsst-cntor and bis assistanthad to go from Leeds on business , to Yeadon , nearEshblt Hall , -which latter place ibey also visited . Owing to the absence of a . -witaess at the last assizes , the trial ,-upon the application ot Mf . CoTTKiGHAM , ^ as l > ostpoiied t ill the present Mine , and they had been oui on bail . The prosecutor hating transacted hi 1 business at Esbolt Hall , they left that place to return to Leeds , about deven o ' clock in the evening . Being a dark night , the assistant carried a lantern . They had zot abont a
mile on the road to Leeds , when they overtook four men , asd they all joined company . The party ¦ w alked about amiie further on , when onn of the men seized the prosecutor by the arm , . another pot his hand over has month , and anorVer seized him by the throat . The prosecutor , after considerable exertion , and afterh&ving been thrown on the ground , managed to k ^ ep the third man at bay , but on the fourth man coming up , he was robbed of the articles meutioned , They then threw him on the ground and made their escape . At the time pro > ecntor was seized , one of the lour men knocked the assistant , Colohouu , down , and another man got upon . Lim . A rabbit or hare skin ,-was then-ptit over bis mouth , "but he took out his knife and cnt the man -who put ill * skin upon his
mouth over the left hand , when they left Lim . On the prosecutor xec-ivering himself , havinglost iiishar , lie went to the first hon . » e lie came to , and lold tue inmates what hud happened . The way in which the prisoners were identified with , this transaction -was as follows : —Cawthery had a pipe with him anj ne Hiked Coluhoun to let him hare a Lght . He accoriJuglvgranted permission , anJ it wa » rheij < fecoVere-i ihar the prisoner had l « sr a tooth from tije front of his mouth . When Fo > trr was apprehendej it was noticed that he had a cat acros > has left hann , "wMrh appeared t >> have been recently given . The efideuce against Warie was that the prosecutor had an opportunity of seeing hiinandkn >>« -ii ) ghim . The three prisoners were seen together the > aiue afternoon in Otiey , abont three or lour inilt-s from thplace where the robbery was comminej . Foster was observed putting a bare or , rabbit skin into his
pocket , bv s . witness named IViiiiani Clarkson , who aslel him if he had been boying rabbits ; he sii-J , no lad . its too $ oon yet . " T ; ie voluntary ex ' -tinination of Foster was put in aud read by the * Clerk of the Conrt . It staieu that betwr-m ejsht and mue o ' clock ontlie nisht of the robbery , fie vras at Mr . Tsrraf * public-hocse ( iriukiug giu . aud that he whs HOtontof his mother ' s house any longer than this tbar night . iJesaid that Le had got lli ^ . catnu t :. e WediiesJay in chopping wooi . Mr . Farrar was called , who stated vbit the pr isoner had not been in his house for a krtnight previous to the robbery . Sir Gregory Lrwix addressed the Jury lor the defence . He contended tLnt the identity was one of extreme d > " > ubt and difficulty , anU he left it with them to give tbe case a mil , inir . anJ canaid consideration , and say -whether or not the prisoners wrr * guilty of this oit ^ nce . The'JtrDiiE stuamed up . -when the Jury found the prisoners Guilty . Sentence deferred .
Jl ' iliium JVates * 35 . was charged with having , on fhe 2 yth of June last , at Ossodby , in the East Ricmg , ^ mof 7 . zltTl £ 11 . with an intent to defraud Mr . henry-Charles Kilbv , of York . Air . - Bliss was for the prosecution , and Mr . Drxnis for the prisoner . Tfie prosecutor , Hr . Henry Charles K ^ -lby , is a dealer in manure , residing in Hope-stivet . in this city , and he rents a yard of ilr . Pickersgill , near CasJe Mills Bridge , in which he keeps the manure , and he novels about for custom . The prisoner vras originally a flaxidresser . in Skeldergate , and about twelve or thirteen months aeo , went throngh the Insolvent Debtors ' Coart . About seven or eight weeks agr > , the p risoner was taken into prosecutor ' s service , and whin in that capacity , he embezzled the money in question . Guilty : —Six months hard labour in . the House of Correction .
Henry fl ' ood and John fT ' oldron , who had been out on bail , were charged with "perjury , but no evidence being offered against them , they were discharged . Joseph Jeffries . Daniel Maurice ffejis , and John Berry , all youiig ui ^ n ^ were charged ^ ritb stealing two horses . . ' Mr . Baizes and Mr . Walmb were for the prosecution . The-prisoners were unde . ended .. The two former prisoners were charged with stt-aiiug the horses ,-the latter with receiviu ? them well knowing them to "be stolen . The horses -were taken from Stamford , in Northamptonshire . Gailty : —The two formtr tj be transported 15 years , an i the latter 14 yeare . Mark Rayner was charged with the Manslaughter of Thomas Hudson , at Wakefield , on Monday erenin ? lasL
The case had not proceeded farj wl en , * under the direction of his LoansHiP , the prisoner was Acquitted . The Court then rose .
SATCKDAY , July , 14 th . The court , fhij morning , -was crowded in every part . CHILD MUP . DEB AT LEEDS . Margaret Maynes * 23 , wrs inducted ou the coroner s luquest , for the wilful mnraer of William Barke , her xUegiiimate child , at the township of Leeds , on the 15 u of April , by poisoning iu Mr . Dcsdas , with whom was Mr . " -OvERExn , brieSy stated the . case to the . Jnry , and then called the loilowing witnesses , by whom the case was snpnorted .
. Margaret Jlayces deposed , that she was the mother of the prL ^ on ^ r , who lived with her at the time of the druithol" h .-r child , getting her living by working in a flax-mill . She knew the child , who was a bastard . Iti moutlis old . On the 9 th of April , she s ? nt for the prisoner about 10 o ' clock iu the morning ; -. aid she stayed till night , because witness acd her own cJid was poorly .- On the night previous it was unwell , and she gave it some nitre . On the 10 m of ^ - \ pril , the child was better , and he wa > siven to a woman named Gorman , in Harper-yard , about uo ^ n , with whom it remained until six that night . The next d ;; y she took it to the pVisoner , at Mr * . VTSdings , Crispin-street , Bank ; prisoner was in ; witness asked her for an apron , and -as she did
not save her one , she put down the child , saying , ** Here ' s your child—he is poorly—y .-u may mind it your . -c-lf / ' The ch Id was poorly in its teeth , and tLft prisoner held the child on her knee , crying all ihetnne . Between 10 and 11 o ' clock of \ Vednesday , she saw prisoner in Kirk ? ate , bur they did not speak ; next day she came to witness ' s bouse , with the child : it looked very poorly ; she asked what ¦ was rue matter with the child , and prisoner replied , that it had taken a fit that morning . She had been at Dr . "VWriFs wnb . it . and he had lanced its gums , as he said its illness was caused by its teeth ; and he had ^ iven her a boide of medicine , but Williamiad not then taken it .. Witness said that the child looked Tery mneh stnpified , and asked the prisoner if sue
given it any thing ; . she answered that she had not . Two or three hours afterwards , she saw the prisoner , and at witness ' s request , they went together to Dr . Ward's . Witnos asked the doctur to gire the child an emetic ; he said he wan going , and immediately prepared one . He sai-1 it had got some laudanum , which prisoner denieJ . About five o'clock , the emetic was administered , and the prisoner and child sent into the kitchen . Witness went away for a few minutes ; and on her return , she found the prisoner crying , with the child on her knee . It was then very ill . and witness staid until about twelve o ' clock , when it expired . Just before this , -witness a > ked the prisoner if she had given her child anything ; as , if so , she had better
tell . She said , * must she / ' and on being begged , in the name of God , to do so . she said to Mrs , Ward , ^ rJ . tell you the truth , I bought a pennyworth of laudanum at Mrs . Raistrick ' s , and I gave William a part of it in warm tea ; bnt I do not mind what they do , because J never intended to hart the child . " The . laudanum I got from Mrs . Gorman 1 gave to I > r . Ward the next evening . . Cross-examined . —The deceased was prisoner's first aud only child , and she was always very fond of it . She behared very kindly to it , and was proud of it . Teething is a bad time for children—they are restless and troublesome , and people gire them meoicine to quiet them . Prisoner was drunk when I did not speak to her on Wednesday . She had been so sometimes during the last tewmonths .
Sarah Wilding , stated that she lived in Crispinlane , and at the time in question had the prisoner lodgiDg with her . The child was with her mother . The prisoner brought her child one Tuesday , when ¦ wita-ss told her , she could not do with her , if she i » onght a c : J ! d . She observed that she- wonld go away on Friday , and pledge the cap the child then had on its head to buy her breakfast . Witness 3 > egg--d she would not do that , to which the prisoner replied , ** Ob . he'll never need it" She went and . pairnadjthe cap . Next morning she went oulto buj . gome things , and came back having bad some liquor , but she was not . « o di unk as not to know what she did . ; A woman named Bridget Gorman was with her ; pri-
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soner threatened she would kill the 1 id , and all of its breed . The child was then on the floor it slept vdth witness / ebat night , and nothing ailed it . It got some breakfast next moruinfr ; she went ont after breakfast , and left the prisoner and deceased in the bouse . Sbeston afterrelurned _ and then went out again ; in the afternoon she saw prisoner walking across the street , wittiont ihe child . She came up to her , and said Bridget ha-1 came , because she bad had a dream that William was killed , by her having given it something . Witness asked if it was true then , and ^ he said it was not . They then Went to the house , and Mrs . Gorman asked prisoner to take tier child to the docter as it was i ; l . She said she had no money , on which the woman offered to pay ;
prisoner went and came back again wituout going to the doctor with tbe chid . Witness insisted on ; er doing so , and went along nith her , telling Air . Ward to look after the child strietly , which he promised to do . In answer to him , she said she had not given the child laudanum or anything else . Cro .- ^ exainnied . —Mitnvss never saw the prisoner behave ba-ily to the child , aud she told the Coroner that . She knew nobody in Leeds , and came from Manchester . She was not a fortuneteller she said , bnt it appeared she had a curious ov . tl glass through which she persuaded foolish peopie to look , and she-said " thatit f > lks had a miud u > give her anything , what Wits tbat to anybo ly . " ( Laughter . ) The prisoner promised her 2 s . 6 d . a
week for her lodgings , out she had not got a penny . Bridget Gorman , deposed that sue lived in H nrperyard with the first witness . On the Wednesday morning mentioned , she saw prisouer standing at the yard end , talking to her husband Gorman . She joined them , and at prisoner !* request they went to a public-house , tlie sign of the YV elliugton , and had two pennyworth of ram . When they went ont , before they had proceeded far , the prisoner asked them to stop , sayiug she was going alittle way , but would be back iu a iiduate . She went on , aud then into a shop in Kirkgate , near a tin-shop ; wheu she came np , sae asked tueni to go into tiie Royal Oak , and tuey there had some ale . They left two men at ¦ > he pubilC-honse , and went to prisoner ' s lodgiugx The child w « ii > , n in b ^ d ; it awoke and cried , when pnsouer saicl—^ Grt oui—t * uuither like thee , nor
any of thy breed . " She always talked in . that sort of way to the child . It had been poorly so ; ne time before . On Thursday witness saw it lying in bed —it was then very pale and blue about the mouth . Witness inquired about it , and prisoner s-iid he had been very poorly during the night—lie was tes . idug . JCeXt day , aoout four o ' clock , she again cailea , aud decea-ed was very ill ; prisoner s-j . iu . she had oeen just giving it some meat . AVitue » s wanted her to go to a doctor , which she ultimately oid to Dr . Waru . [ The remainder of this vitiiess ' s evidence Wis cou K . ruiat > > ry of the conversation .-jjoken to by tLeltst . ] Oil bring ,. rested about giving it something , this witne s dt-po ? ed that prisoner said— " 1 bougj . t a pennywort . of laudanum , ¦ ¦¦ ut llo ; tihat , and l » ouj . ht some inur ; the cLil-j bad been very piK > r ]_ v tuat ni >; ht and uneasy , and 1 paw it halt o " f it in some tea . "
Mrs . Sarah tur / ius . ? aiJ she was Wife of Mr . Furnish , a . uratgi ^ i , jh Kirkg ; ite , and ou the foreiii > ou ol t : ; e lltb Apnl , shz sold a pennyworth oi lauaanuui so a woman , who hauue ' a suii-iling Lotili-to put it in . She * au > he wanted it lor a woman wno had beeu cuntiued . Wuuess a ^ ked if tl . e woman had be ^ -n used to taking ij , aud she said "No—only when c ainue-i . " She iisked how mucli s . ie ? houl . vgi \ e it ; witiie .-s reeled ten or arrive ar <« ps . A peunT ^ virth contains 1 * 0 drops . liy the Jvdue—Cuuiu not identify the prisoner a * the woman . Mr . Gorman , who was ar the royal public-house , found a smv-lhug butiie und--r the ch ; dr on which the pr isoner had b ^ enntiinj . , which corresponded loihai coiitiiinin-r the liiudiinuui .
Mrs . llnistrick , w ^ fe Mr . Rnistrick , druegl-t . Marsh-lane , gave tie prisoner a pKUiivw * ortu ol laudanum , ( three drachms , ) between eievi-n ano twelve o ' clock ot Thursday , the 12 th of Apr il , which she pnt in a tea-cap . The pnsouer s . id she warned it lor harmoilier , w ^ o wu » ailliotea with rheumatism . ^ Vituess told lii ^ r tnat sixteen drop s would be sufiicienilor her . Mr . Ward , surgeon , stated that he remembered the prisoner coming to his shop with the child , on Thursday , Apnl 1 ^ . Sue stated the child luid had a fit ; the gums were much swollen , and the face flushed ; ne lanced the sum > - , and the chiU did not crw About . au " hour afterwards , he saw the wu . iinn
in the surgery , when the ch . ld was breathing short , dec , aud he asked her what sue had given ir . Prisoner said ncim . g , and positively denied having given it laudanum , ll itnt ^ s having suspicions , introduced the catheter into the stomach , and t-jected wine and water , which- was impregnated with laudanum . Notwithstanding every attempt to preserve life , the child died that night . He observed uo laudanum on the coat of the stomach at the postmortem examination ; but he had no doubt that ibn laudanum aumini > tered was the cau > e of death . In th « evnniug , prisoner ' s mother was there ; and , a hen pressed about tiring her poison , she said , " What was ] to give Inin itior ?"
By trie JiDUE—Poor peouiti ofu ? n report to landanuui when they are ill , though scu-nritic mm consiuer it danceruus . Teething causes >« vJjine and irntHtion of the gnms—for which laudanum ^ poor people say , is a sjjeciiic . It was a fat and heafihykke child . - Mrs . \ iard , wife of the above witness , corroborated the admission uiade by tbe prisoner of her having given tiie child laudanum . There were several women in the kitchen at the time , —it was abont ten o ' clock . Cross-examined . —The prisoner appeared very kind aud feeliug towards her child ; sue seemed to be- in much distress when it was ill . Charles Thompson , a police-officer , produced the smelling-bottle , m which a drain of laudanum remained .
J . Blackburn , Esq .. coroner , produi ed the examination , in which ti > e prisoner ' s admission appeared . Mr . Baixxs then addressed the jnry on behalf of theprisouer . Afrer imprei . < iug on their minds the solemn importance of the case they were investigating , and the awful results that miuht follow , lie appealed to the jury wuriher they could convict a girl , who had aomiiiistered laudanum to a child at the penod of its illness , who bad evinced the interest and coinpas > io : i sorils pain and wretchedness wht-n it wjs found to be worse , and who made no secret ol what she had done—of the heinous crime oi murder . To Hiid » uch a verdict , they must be satisfied tt . at she kiiled tiie child wilfully , deliberately , and with
malicious motives . Could they find any proof of this in the testimony adduced ? There was not a tittle of evidence to show that the prisoner had bef . actuated by any unworthy motives ; but if she had aduiiui > tere 1 the laudanum carelessly , negligently , or unskilfully , then they would find a verdict <> f manslaughter . He submitted , however , that this was a m-sf ' ortnne { . rising from the benevolent intentions of a mother , impressing it on their recolieclioil that if LheV had any d « ubi in the case , that doubt ought to be given in favour of the prisoner The Learned Judge wry carefully summed op the evidence , and the jary , after consulting together about a quarter of an hour , returned a verdict ol " Guiliy of Manslaughter . " The prisoner was ordered to stand down .
. e . William Seller , 47 , was indicted for the wilful murder of Francis Seller , on the 7 th June , at Old Malton . Messrs . Dcxpas and Bliss were for the prosecu - tion ; Mr . TEMFL ^ for the prisoner . The tacts of the case were these : —On the day in question , the prisoner , who lived with his grandmother and aunt , at a place called Rainbow House , wanted a razor to shave hims .-lf . His grandmother refuses' to let him have one ,, thinking he was not qualified to use it properijt The prisoner insisted upon having it , and Decame very violent . His grandmothersrill resisted , knowing that he was ont of his mind ; but he got it and commenced shaving .
He then tnrned ont his nieee , who left her grandaother near him , struggling to obtain the razor ; wieu she returned , her grandmother was sitting in a chair , with , her clothes burning . Prisoner was then strolling about the lanes , near the house , saying ue should be cursed and d d for . ever . Air . Davy , a surgeon , was immediately sent for , who found the unfortunate woman burnt about tbe head and upper pan of the back , and severely bruised on the breast and left side . In a few hours she died from the treatment she Tiad received . When the surgeon was there , he was roaring out lustily , " Lord hel p me , " and seemed greatly distressed . Until within a few weeks of this time , the prisoner had shown the greatest affection and attention to Mb grandmother .
Mr . Davy gave it as his decided opinion that the prisoner was insane . The Learned _ Jcdge then stopped the case , observing to the jnry that there conld be no doubt the man was at that time a maniac , and not responsible lor his actions . The Jury accordingly returned a verdict of "Hot Guilty , " on the ground of his insanity , and the prisoner will be confined for life . He wept bitterly daring the time he was at the bar .
MONDAY , July 16 . H 0 RS £ STEAUSS AT PUnSEY . John Bright , 20 , out on bail , was charged with having , on the 6 th November , stolen a bay mare , the property of Mr . George Hainsworth , of Pudsey . Mr . Duxdas and Sir G . Lewis , were for the prosecution ; Mr . Cottingham and Mr . Bai . ves defended the prisoner . The prosecutor , who was formerly a clothier , is now dead ; and on the day In question , he sent one of his sons to Adwalton fair , with a mare to selL While he was at the fair , the prisoner and another came up , and asked him to show the mare , and what was the lowest price . Benjamin said she was cheap ' at £ 14 ; having seen the mare trot , the p risoner said a poor man in the neighbourhood had lost his horse , and they had received a £ 11 for him
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would he take that . He declined , and prisoner then asked if W thought ofswapping ; the man replied if he swapped at nil , it would be for jnoney He then asked to be allowed to trot the mare , which he did through the fa r , leaving a pony which belonged to him . He did not return > a fronstnble was then sent in search of him- He was fonhd at ' a public-house , kept by a man named Ward , with the other man , both of whom had taken off their 4 Thcick frocks ; and they then alleged that it was a
swap at the reqnest of Hainsworth . He escaped tiirongb the wall of the stable while in custody there , and was not seen again until April , wh « r i l . e surrendered himself , and was admitted to bail Several witnesses , Messrs . Lockwoofl , J . Fox , J . Newhill , G . Renton , C . Ward , . Jonas , WUittaker , and Henry Wright were called to prove that the prisoner aud Hemsworth were busy trying ° ne another ' s saddles , and attempting to swap , and that prosecutor ' s mother charged him with it—also that the prisoner had always borne an excellent
character . •¦ - The Jury retired , and after a short time , returned a verdict of " Acquittal . "
rORGERY AT HULL . Benjamin Burrell , ( out on bail , ) was indicted for having , on the 7 th July , forged a promissory note , and uttered the same , with inteut to deceive and , defraud Mr . Francis Stamp , of Hull . Mr . BAisEsand v . r . Maiitin for theprosecntion ; Mr . Dun das and the Hon . Mr . Wobtley defended the prisoner . Alter a short investigation , which presented nothing of . interest , the Jury returned a verdict of"Not Guilty . " i . The Court then rose at seven o'clock .
TUESDAY .-July 17 . This morning , the Court was fuller than usual , in consequence of an expectatiou that the prosecution instituted by Mr . Armitage , a West-Hidingmagietraie , against Air . Starkey , a surgeon of Wukeh ' eld , for having horsewhipped him iu the public streets ot Huuderstield , would be proceeded with . It was delayed until his Lordship passed sentence on the following prisoners : —
CHILD MURDER AT LEEDS . Margaret Alayues was placed at the bar . The Ju . ; ge addressvd her iu a very path-do address , llij slid that althoughinuicted for murder , the Jury-had found her guilty ol manslaughter . Ho had no doubt the \ erdict had " been founded on a merciful consideration of iier case , and he . was . liot in the least ui-satish ' ed with the verdict . The Jury had alsu recommended her to mercy , aud he was always anxious most carefully anil scrupulously to attend to
sueli a recouiinendation , but ailer a ru-pi-rusul of hti notes , and deep consideration , he fouiid the case so strong ngaiusi the prisoner , that be cunld not consistent withkis oivu most responsible duty , do other wife tuau pa > s the fi-nunce he was ^ buut to do . It was always to him a most unwelcome duty , and particularly , so whuu he had to neglect a Jury ' s recouimendaiii > u , but her irinie was so great Cuat lie could ^ not allow it to pass by without severe punishment . Tli * sentence ol the Court , thi-reluiv , was , that , she bii transported bi * yuiid ihe se ; is lor life .
F 0 RGKKY NEAU YOKK . Jo . ' in lived was sentenced to be transported , for filieen years . Tlie leuriied Judge said that Baron Al crso ' n ( who tried his casi- ) bau directed him to say tUiit some douln existed a * w whether the instrument « hich he forge . 1—a not > _ us surety to the iiiffii Slienll—came within ihf terms of the statute . 1 hat objection would hereafter be discussed before ihe Judges , hui there could La no doubt this tt'iis a lorj : ei y , and tliat he w ; is guilty of n mis k-ameanor ac ciinninu law . iJut lie Imd Itc-en umcted tn-s uteuce liim for the leluny , subject to consideration of his c'ase altt * rward-s .
rOR « iEKY AT LKCDS . Erwdbeni Mason , who pleaded Guilty of having uiured a pruinissory note , the signature , to wiiicli ill , forged , at Leeds , on June 15 , was then placed ut die bar- His Loro ^ uips- ; id thai he had been rvcoinliirnueii tu-mercy ¦ by tliu counstjilor tilt- prosecutiuti , iiud usi account ou his previous {; ood ci . aractur lor h .-iu-s . y , he sn .. iild st-nteiue Uui to be imprisoned and kept to hard labour in the House-of Correction for t > vo years ..
EMBEZZLEMENT BY A BASKIlUI'l . .. Joseplt Jiadclijfe , was then called . He had been found guilty ol liming when examined be-luie the Commissioners of Bankruptcy , wilfully concealed souk- paiiol iiis personal estate , consisting ol money and wrianys , with intent to dtlraud his creditors . This v . as an offence which required a severe piniishnj . 'iit , in order to deter others iroin following such a bail exauip l * ; and he therefore sentenced him to be iran .-uoru .-d fur seven years .
SHEEP STEALING . John Slater , found Guilty of stealing moor sheep at Heimsiey , was seutehceu to two yeais hardlaboui ni the iionscol Coriuction .
REiilXA V . STARKEY . Mr . Dr . wDAS and the lion . Mr . Woutlev wore counsel tor the prosecutor ; Mr . Alex . ixdku and Mr . Cottiauham Jor the delenuunt ; the loruier with a fee oi 32 guineas . Mr . Dux das said he had a painful duty to discharge in presenting to them the tacts of this unfortunate transaction . He appeared mi the . part o !' 2 vir . Armit-ge to snjiport an indictment preferred again ? t a gentleman niuued Starkey ; and he rose witn unfeigned regret , in wbichlie w ; us sure the Jury would participate , when Le iuforiued them that the parties were connected by marriage , moved in the
same rank of society , and that he should be compelled to introduce topics most painful to several moiviiiuals from their uge , sex , and rank of lifetopics which were-calculated to wound the feelings ol the parties . Mr . Alexander interrupted the learned counsel by observing , that h : < entirely reciprocated with the seniiuents expressed by his friend , and -should be most happy , if aiiy means could bo adopted , to prevent the Cctse from beilig laid belure the Court . Alter some couversat . on with those sitting near him , Mr . A . remarked , that he was happy to see his clients accede to his suggestion .
The indictment charged Mv . Starkly with having assaulted Mr . Armitiige , by striking him with a hoise-whip , in the streets ot Huddejsneld . For that conduct , ue was willing to offer the luilest and inpat unreserved apology . Uu the other hand it was known , that , Mr , Starkey having received a letter containing oileiisive expre ' ssions , wrote for an explaiiutioii ; instead of wnich , tiie letter was returned . This had lead to the . as-> anlt ; and he trusled , that , under these circumsiauctis , his Irieud would not reluse to give as sjitisf . ictory an apology as he was authorized to give'in the other case ; so that the honour of both geiiUemen iniuhl remain inviolate .
The letter respecting Mrs . Armitage was , no doubt , calculated to give pain , Jiowevur right the motives might bo whick dictated it , and therefor * * he begged to retract it . Mr . Dun das had full authority to accept the apology offered' by his learned lrit'iid . lie was glud to know that his client was , in ewry sense , a gentleman and aman of honour ; aud lor whatever pain t . ie letter he sent might caus ^ -, arising .-from the irritation of thf moment , he begged to express his sincere n-gret ; and upologised lor having returned the letter in such an olfeiisive manner . Buth parties then expressed themselves satisfied at this amicable arrangement , and the indictment was withdrawn .
GAMBLE V . DANKARD . Mr . Baines was for the plaintiff ; Mr . Staukjk for the defendant . The former was a worsted manulacturer at Bradford , ana the latter at BowJey . The action was to recover £ 25 . 19 ^ . the balance of an account for goods sold , aud delivered . The pl&id were liTst , the general issue , and next the statute ot limitation . A promise to pay was inade in October , 1830 , to the brother of the plaintiti '; repeated promises were afterwards given , until lS'd » , when the plaintiff was compelled to bring this action to obtain hi . s money . At the beginuing of > his yv ; vr , TaukviTti ofiered five shillings in the ^ pound , which was rcfu .-ed ; and a * Mr . Lindle was then employed to settle the account , which , however , was not done , owing to some disputes , between the parties .- The Jury returned a verdict for the plaiutitf . Damages as stated in the declaration .
MISDEMEANOR . Robert Newton , John Stobert , and Henry Marie ;/ were charged with having , on the 8 th December , r iotously and tnmultuously broken and entered two closes , belonging to Mrs . Sarah Arrow .-mith , and also assaulted her . Mr . Bliss was for the prosecution ; Mr . Temple for the defendants . The p . otecutrix occupied a farm called Low Moor , at Leal-, holm Bridge , near Wbitby ; in 1825 , this farm , together with , some small adjoining cottages , were bequeathed to her sou , by Mr . Thomas Stobert , a brother of one of the defendants , subject to a mortgage of £ 700 , the life interest being in herself . Stobert and his brother had quarrelled , and although Mrs . Arrowsmith endeavoured to effect a reconcili ition between them , it was of no avail ; and he only left him £ 10 . TLe defendant was , however , taken
into the house of Mm . Arrowsmith , aud provided with the necessaries and comforts of life ; in March , 1830 , her son died , and he being an ,, illegitimate child , fhe reversion ef the property-went to the national fund . About a year ago , however , the defendant , who had all along been comfortably lodged with the plaintiff , fancying he had a right to the farm , laid a pJdt for ejecting his benefactor ; and on the 8 th of November he brought a large number ot persons , from 50 id M 00 ,- who had banners witli them , and , amidst the firing of guns , threw the farnitore oat of the house , destroyed the hay-stack s , injured some of the out-buildings , and Went so fur as to cany-ofiF the pigs . Arrowsmith resisted them , and a « erious riot was the result , which continued eight or ten honrs . Soon afterward ? , the parties were apprehended , a true bUl found aiYork Assizes
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^^ . ^^^ B ^" - ^¦^¦^¦¦¦¦¦^¦¦¦^ ^ M ^^ BHH ^^ ^^^^^^ J ^^^^^^^ ' , wWW ^ Wi ^^^^^^^ iW ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ . ¦ ^^^^^^^^ ^^^^^^^^^* ¦ 1 " - ¦ . ^ r . _ ^^^^^^ ^^^^ m arid tney were held to biil ^ After the trial had proceeded a little way , his Lordshi p intimated , tbat as ibifg Was a dispute as to . the ownership of propertyi and there were tw 0 actions depending ou it , it perhaps would be advisable to proceed with them , as all he could do was to bind the defendants over to keep the peace . . -.. ¦ .. .--Ah action of trover was then tried , arising oat o the same transaction , brotigut by Mrs . Arrowsmith against John Stobert ; and a verdict given for the plaintiff—damages £ 15 . The Court the ~ n rose .
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NISI PEIUS COiptT . —Friday , July 13
( Special Jury . ) CHOLJILEY V , JTARSYDE . Mr . Cresswell , Mr . ADnisoN , and Mr . Hoggins , appeared for the plaintiff ; Mr . Alexander and Mr . Watson for the defendant . The action was one of trespass ^ to try the right of taking the rock stoiie and sea-weed fouutl on the sea-shore at Rolbih Hood ' s liay , near Whitb y . The pWadings were very voluminous , and involved the question of the plniiltiff ' s title , as Lord of the Manor of FyUngdales » and
Whitby . v Gol . Cholmley , the plaintiff , resides atHowsham , near York ; Mr . Farsyde , a barrister , is the owner of an estate at Robin Hood ' s Bay . About sixty witnesses were brought on both sides ; but when Mr . Cresswell had opened the case it went off , Colonel Cholmley pronmmg to graut Mr . Farsyde the stone for the feiices of his farms , and the seaweed for manure , the defendant stating that he did not dispute the ri ghts of Col . CUolmley as Lord of the . Manor ;
COPELAND V . HORSFIELD , Counsel for the plaintiff—Messrs . Baimes and Ovbrend ; for the defendant—Messrs . Alexander and VVortley . The action was on two promissory notes , dated Sept . 1835 , and February , 1 * 836 , tor ihe payment ofi 2 l 03 and £ 2000 with in wrests . There v-as uo substautial defence . Verdict for the Plaintitf , Damageg , . £ 4745 .
WALKER V . MJfCELETHVVAITE . Messrs . AxEXAKMER and Baixes were for the plaintiff ' j Messrs . Ckesswell and Ki \ qwles for the defendant . The action was brought by the -plaintiff , a stone-mason at Barnsley , to recover from MrJ Micklethwaite £ 140 or £ 150 tor repairs done to a mill in' 4-832 . The defence raised was , that the defendant entered into contract with the plaiutitl ior certain work at the price of £ 40 which wus paid , and that tlie remi-iiider was on the credit of tut ! occupier of the mill , who afterwards became insolvent . No demand was made of the present sum until last year . Verdict for the defendant .
BRIGliS V . ASKHAM . Mr . Cuesswell mid Mr . Hougins for the plaiutitl ; Mi \ Alex an DKK . and Mr . - \\ ioh ' tm an ior tiie di-il-ndiiiit . Tiie action was one of trespasa to try i-h « right , to a piece oi roa ' l , between two iam ^ in rhe township of ScaniungJey . Several oil witnesses wi-re ejiiiinined as to usage , interruption , * V ; c ,, and ili « case occupied some hours . It wax of no public or even locttl iii . U'rest , A verdict was ultimately f ( ivun for the pUiiutitlV The Court then adjouruud . SATURDAY , J vly 14 . THK QVKKN , OJi THE PUOSECU'riO . N OF THE SC 0 RT 0 X AM ) IIAULI . NUTON NUNNKH 1 LS , V . GATUEllCOLE .
Mr . liarou Alueuson took his seut ou the bench at . iiiii ' u o ' clock precisely . ' 11 k * court was densely crowded in the . passages and every other part . An hour beloie this tiiiie a greut number of geJitlcincn «\ -re itdinittfd by priyare doors , including magiKimier ; , banister .- - , ullonrii's , and repDrteis to liie publ . c p . i \; .- < s . We observed l ) r . Bri »; « . » , the Catholic jJi . ^ hop Ivir ilie northern district , in the magistrates ' box . immediately on his Lordship taking lus seat , the lollo . viiig geullemeii were sworn on
THE SPECIAL JURY . Win . Collins , of - —— , Esq ., Foreman . Thomas Carter , of Kensuli , Esq . Benjamin Crosland , of South Milford , Esq . Henry vyiikinson , of Flaskby , Esq . Sieoheu iVlitchell , of Leeds , Ivsq . Henry Atkinson , ot Maliam , Esq . Jo . sepU LjUinbert , of Leeds , Esq . \\ in . Stci ton , ot Eccleshiil , E » q . James Foster , of Staiiitorth , Esq . Adam Henderson , of Huddersfield , Esq . Thomas Johnson , ot Eshton ,. Esq . Richard Win . IViirce , of iSorthallertou , Esq . The first indictment called was on the information of the bcorton Nunnery .
Mr . lOHTMAN opened the pleadings . The declaration stated that the Uefeuiiaut , the Rev . Ml . Aug . Gatliercple , published a certain scandalous libel on a certain religious order and community , at Scorton , in this county . Tlie defendaiit pleaded Not guilty .-• Mi . CiiEaswr-uii optsued ike case . He said , il this w-ere a . ca . se iii which cue rev-deteudaiit or his counsel could enter int . * any palliation of his offence , I sliould not be surprised at the great audience asst ' mbled to hear this discussion ; because undoubtedly it inupt be a niattcr of much curiosity to know by what statements , or by wiiat arguments , a clergyman ot the Church of England can palliaie or excuse his having put forth to the world such a
foul and abominable publication as that to which 1 am about to draw your attentiou ; but as that is not the c ; ise—as this is not the p lace for any discussion of this nature—I certainly shall abstain wholly from any thing but tbat which is strictly withiu the province of my duty , presenting this case to you " aye or no "—is the publication in que > tiou libellous or not ? The prosecutors in this case , those who have instituted proceedings in the name of her Majesty , are the Lady Abbess and nun * of the religious establishment at Scorton , in th « county ol Vork . 1 'hey were origiually estabiishea in France , and during the time of the revolutionary troubles in ' ] yO J-tlf « y came over to England , and lor a considerable period took up c-httir abode at the castle oi' Sir
C liiiggerstone . In laiV , they removed to bcortou . In 1 S 3 /" , the puulica . tion iu question was put forth . To ladies so attacked , three courses Were open-to viuiiiciue their character , and protect themselv « s against thw mpetitiou oi such charges . The one was by civil action , but it would have been a strange thing indeed to find the Lady Abbe ** and nuns cuifling to , seek foi pecuniary compensation for an attack of this nature . Undoubtedly . in that case , the Rev . defendant might Jiave put a ju . stifieatiun on the record , and might have been allowed , if he had aiiy evidence to justify the cluxrge , to bring it forward . Another course opeii
was to prefer an indictment before a Grand Jury ; in that case the question would have been , whether the publication was libellous or not ; and it tlie Grand Jury was of opinion ti-. at it was , then ho questi ( ju could have been raised as to the guilt or innocence of those ladies , and no opportunity for Mr . ( jathercule to justify what he had done . " The third course , was one by which Mr . Gathercole vouid be furnished with the opporiunity , uot merely of proving the truth of whathu osserted ^ but of proving if there was any conduct on the part of those ladies , which would naturally U « ad to the supposition that some such crimes as those imputed to them had been coinntituul . At the sivme time that course relieved those
ladies iroru any imputation as to seeking to obtain pecuniary coinpensation . Th ; it course they adopted . They applied lo the Queen ' s Bench lor leave to rile a criminal information agaiiist Mr . Gathercols lor publishing these libt'ls . The course of proceeding in this court on such occasions is this , —the parties who-complain are obliged to make affidavit , to pledge their oaihs that they are petfecUy innocent ot every thing imputed to thein ; auii the defendant , on the other hand , is at liberty , if he can , to bring forward evidence , on which , if possible , to substantiate and justify the charges lie has made . Ther « lore , before a record of this nature can be brought dowii to jury it is necessary to satisfy the Juclaes that the charges are libellous , and that they have been published
without any , the slightest foundation . When , theretore , you find a record' seat down , from tue very coarse ol proceeding , you must toke it for granted that there was no truth whatever in the charges ; that Mr , Gathercole , when challenged to produce uvideuce , it he had any , failed to do so ; and that in the opinion of the learned Judges , the charges are libellous . But by the law of this country , the question is submitted to you , as the ultimate : authority ; aud what you have to decide is siuiply this , has the detendant published a libel or not . 1 will begin by proTing that Mr . Gathercole sent the
iniinuscript , which was in his hand-writing . It would ap pear , that in Ifc 33 , Mr . Gathercole became e . jitor ol a proviticial work , " The Churchman , " and ehipioyed Mr . Bellerby as printer . At the ^ ^ close of 18 ^ 5 , Ue removed it iirom the hands of Mr . Bsllerby , aud took it to Mr . Iukarnley , otv Bradford . Mr . Iiifcer . fley could not attend from severe illness , bat he should call Mr . Bellerby , who would prove thai when Air . Gathercole removed if * he said he was going to engage Mr . Infcersley . The first libel appeawd in the number for February , 1837 , and tiit passage set out on the record was part of an article neaded " Petitions to Parliament . The libel was
as follows : — - " We most earnestly call upon the clergy and friend * of the Church to let nothing prevent them imiuedi . itely setting themwlves to work tor getting op petitions to Parliament un thelollovving HiibjecU : —Iii favour ot Cliurch Rutea , either in their preient ( utia oir some other equally bniiefitial to tile Church , whose Uhdpubted property they are ; against the aboiuinaUoflsaud cnwltiea of the Whig Poor Law ; aguinat thai den of immorality and tilth , the British College of M » yuooih ; agiilDSt the' lruh National liducation achenie ; agunui the Iriitu C'Uurch Kobbery Bill ; against the Uillfor consigning over to the i ' apists to the Coruoratioim of treliind . T h « re ought also to be petitiunssi-nt for ihe Repeal of the Popish Himincipiition BiU , and the conuequeiit banishin'nt of tne iyui |< , oiita-breakinK , O'Connell , and the crew of Popi » h iKTjurrrs who lorm bin tail . Petition * also sh , ntd ha sent tor inquiring into the number aud itate of those brotbe ' s for the j , ri .-xw , « be Fopwli Nunneries in the United Kingdom . That dtich h « iMf a ol prostitution should he allowed to erect their impudent and lilthy fronts in this land , U a diagrace to its
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professiid Christianity uhdiu'iialityv . AH aucb . Popish , stews oognt to be burnt ta the ground , only taking eare to let iheir poor deluded und prostitute inuabitanU be preserved and set tree . Weahould be glad to know how imtnypopiat : Priests enter . the Niinneiiea ol' Scorton ^ and OarhngtoH each week ? and how many infants a-e . born in them every year ? and what b ^ am « s of them ? whether che holy fathersbnngthein . tip or hot , or whether the innocents are murdered put of hand or not ? " ' : '¦ ¦¦ -. . ' -.- ' - ,. . . - ' . - .. ; ., , ' ¦ , . .. .. The Learned Connsel continped . — -If there is a man among you , seeing this written of a " sister or a daughter , would say , it is no libel , then this prosecutiou ought net to have been inritirnted :- for il there can beri man found to > it on a ^^ jury in tbiscoantry , who will say this is not a libel—that it has hot a tendency to degrade , \ ilify . and ^ bring into hatred ( if believed ) thos \ of whom it is written , —then it is time for prosebutiona for libel to he abandoned , and nd snch questiitn for the future be brought before a jury .
The next publication is siiniiarly characterised . It is headed " Romish Fox Unkeunelled . " Itappears that Mr . Gathercole imagined some Roman Catholic had ventured to appear as a defender of those whom he attacked , and ¦ theretore he abuses him . In the course of that article will be found some allusion to the Scortbn and Darlington Nunneries : i I will not go through the difgusting ta . sk of reading the abominable publications one after another . I naye given you a sample—theyshall be read by the ofiicer of the Court , and as this is a question whether the publications are libellous or not—not for the discussion of the general conduct of the defendant , or meeting out punishment to him—1 will not offer one single observation further on the subject . 'I feel that I should ofter an insult to your uriderstandirig , if I did notleare theproof of libellops matter entirely on theiface of the publication itself . ' ¦ ' ¦ - . The Learned Counsel then called the following
witnesses : — Rev . Richard Kellit . —I am a priest of the Roman Catholic Church ;/! - am chaplain to the members of the community at Scorton . Mr . Alexander . —We will admit the record is properly statpd . By the Judge . —They are bound by religious vows ; there is anolher chaplain ; I re .-tide in the Nunnery , and Mr . Hogarth comes occasionally . . Cros . s-examined . - ^ l urn icquainled with thebooks in uj- 'e by the Ilotnau Catiiolic Cnurch ; I know the work fey Peter Dmis ; it i »> a coirifj « iidium of a wpfk on divinity iu l ^ otin . It is one of the acknowledged manuals of the Roman Catholic priesthood . The Judge . —What hus that to d : > with the question ? Mr . AtEXANDKn . —Your Lordship will find an allnsion co itin one of the libt-ls .
Cro ^ . s-exatniuatutn resumed . —It is not * . a book of auihorify ; I cannot . « pe ? tk as to vrhether . it is ' sanctioned by the Roman Cat ; olic JJisbops of Ireland ; I do not approve of the whole of it ; it is a work I have beard butlittle >|) okt'ii of ; we do notread it in our college ; i . ur college is Ushaw Colleg . e ; it is not read as a class-bdok ; we are not bound by its doctrines ; I believe that is a general sentiment among tiie c ] er # y with whom I am acquainted ; there is no direction that we should obry that book . Mr . Ckesswell objected to this course of examination . , By the JunfiE . —With respect to this book wehave tin * right-of private judgmen ,
Cro * s-examinnfiuii continued . —It is in the library of cur college . We have a book called the Garden of the Soul . That contains a manual for the penitc-nt ; one part oi it retrrs to self-exsuinnation . Dens ' work . it > for ihe priest . J ) us was n modem divine of the Catholic CUuvcli , within the last one hundred ycMrs . By the Judge . —If you have a good defence go to it . Writing . such unifies is not the way to conciliate or convert . Mr . John R . Trout stateri that tho Churchman whs printed l > y Mr ... l . nki « r .- * h * y , in 183 b" and 1837 . Th . " editor wus Mr . Gittliercole . Mr . Fisher produced M . S . from . the Crown Office , London , which is part of what he set up for the Lhurchmiin .
Mr . Bellerby stated that be printed the work ill 1 R 35 * Mr . ( jadiercole was editor of it . During that time , lie fn-quently saw him . M . S . produced , which Ik * said he believed was tuodefendant ' s hand-writing . I ceased to print . —Cross-examined : Mr . Gathercole was then curate at ftarefsley ; in Craven . ( A letter was received , written by Mr . Gathercole , which stated that Mr . Inkersley , ol Bradford , was going to be the future printer ot the Churchman . ) It was dated Die . 5 , 1835 . . - ' Mr . John Wilson *—I am a printer at Darlington . In Feb . last year , ] printed the publication called " A Romish Fox Unkennelled . " Mr . Gathercole gave me the M . S ., which I returned , with proofs , to himself , I printed 500 copies ; about fifty of which I sent to him . The rest were circulated . The Clerk of the Court then read the other libels , which will be found contained in the following article : —
A ROMISH FOX UNKENNELLED . " Let the gall'd jade wince , " It shuws that the " saddle is on the right horse " Fellow Britons ! Only think ! Maria Monk in England , " Yfs" Maria Monk in England ! " so says a Papist , who miscalls himself "A Catholic- ' He heads his paper with the ominous words "Maria Monk in England !! ! " And perhaps he does so from his o \ v personal knowledge and experience in such matters . For no doubt there aru many poor
Br itons , and induce them to have the doors , of those dens of female grief and wretchedness burst wide open , and the once lovely captives net quite free . But they are " unoffending females ! " No doubt poor sorrow-beaten creatures , they are ¦ " more sinned against than sinning . " If they have never offended , and are " unoffending , " why are they thus impri .-oned in those prison houses of Popish seclusion ? Where is the authority of their abandonment to such a state of hopeless misery ? Does the word of God or the religion of Jesus " Christ , or the dictates of reason , or"human nature , or common sense , require such cruelty , or afford the slightest countenance to such worse than brutnl treatment ? Oh , but says a papist , " Appeal to the magistracy—call for an investigation . " Aye , aye , fellow Britons , but who are to be investigated ? ifaii criminals accuse themselves ? Did you ever kiKJW of sucb a thiutr ? What is this Romish fox
driving at ? and what does he menh ? Is not " Invest : gation" the very thing the Churchman calls , for ? it says , let the . e be sent to Parlianient" Petitions for inquiring iuto the nntubers and state of those brotliHls for the priests , the popish nunneries in the United Kingdom . " What is this but '' a call' for investigation ? " But th . it is the very thing this Romish fox does not want . An kk investigation , " indeed ! In tlie presence of their old procuresses or superiors and priests I suppose ! A pretty " investigation , " forsootli !! What tlriljiug and preparation there would be just before such a mockery , for such an " investigation" as would suit the crafty priests . I say , fellow Britons , let the poor things enjoy the exercise of their limbs in the open air
and admire the beauties of nature and the handyr works . their Creator . But no ; that would never do ; for how many would return if they once got clean out the reach and influence of the holy fathers ! The old "Mother of harlots and tlu * abominations of the earth "— "the « omnn drunk with the blood of the saints and with the blood of the martyrs of Jesus " ( Rev . xvii . 5 , ) knows her cralt too well . Smieiinie ago , a nun hud the good fortune to escape from that precious house of virtue and purity at Scorton ; and what scheming there was to gel her back again ' . ' . And what has become of her ? It is said that when she left the house ot her protector , she promised to write to him immediately alter . Did she ever write , or was she put out of the way somehow or other
ior fear of an exposure ? Ah ! uierebyhangs a tale . Head the awful disclosures of Rebecca Reed and Maria Monk , which are substantiated beyonddoubt , and to the mortih ' catio n of -alj the holy fathers in America ; you will then have some idea of the proceedings of the ghostly fathers in their sefaguos . Recollect while you read them that the Romish church is iHlallible ; that her motto is yemper eadem , always the same or unchangeable , so that she has never erred in any of her cruelties , and , that what she does in one plitce she will do in another if convenient . Read Peter Dens' blessie'd theology . I have it at my elbow with the dedication to Dr . Murray , tue popish sham bishop ef Dublin , and witirhis approbation . It breathes
immorality , filthiness , persecution , and Wood . Read tUitt uiuk of popish piety " The Garden of the Soul . " A real siuk of iniquity , pollution , and filth . But take care that your wives and children do not read such books . The questions put to females at : ontession are truly horrible , and so polluting and disgusting , that it is impossible for a popish female to liave a virtu * , us mind , after she has beenContaminated at a popisu cv ) nfessioral . And this the writer of " Maria Monk in England" knows perfectly ^ ell if he be a priestly father . He knows also if uny ladies have ever left their priests for others v account of their indecent questions and conduct at coniession , solieitatiune mulieris in tribulatii f He
had no occasion tobe so angry with The Churchman ^ for it merely / said that it would "be glad to know how muny popish priests entered the nunneries at Scortou ana Darlington in each week , and also now many iufauts are born in them every year j and what becomes of them ? Whether the ho / y fathers bnng them up or not , or whether the innocents are murd .-red out of hand or not ? These ^ uesUons are asked civilly enough , and certainly . demanded -civil answers , and answers they inuxt have r or people will guess why not . And as the editor of Ihe Churchman ' s name i » known , let the answerer -give his name , and not tight under a ma » k , Let m haye all above-board and none of your nunnery work . Skulking may do tor popery and for popish pnests
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and their seraglios , for some men ^ "love d a ^ biei rather than light , because their deeds are evil ; " w Britons love broad daylight ; and as the writer of MariaMonk , in England , accuses T / ie Churchman , of falsehpodj I here demand in its behalf , theoah its editor can ^^ pndoubtedly tudswer for bimselt proof of rite containing one single falsehood trom its commencement ; and this I will have or the accuser shall be denounced in hia owa langnage as a " inean and base calumniator , " and a "dastardlyslanderer , '' although hebelonga to th » infallible church . Oh the parity and infallibility of this churchll Here is . a- httje of it . ¦ Pope Hildebrand , who first prbhibited the marriages of the clergy , kept aharlotiQamedMatUda , who left her
husband to live with , the eld ; wretch , rope Sergiua the third , had . a harlot named Marozin , who Bid great power in governing the chnroh . She brought the old pope a soil , r and afterw ards got him to be pope , as John the Eleventh . John the Twelfth wag accused beforea synod of wickedness ^ with the : widow of Rainedus , and with Stephana , his father ' s concubine , and with a widow named Anna , and her Biece . Pope Benedict the Twelfth bptjght a beatttiful young woman'for a large sum of money . Pope Sixtus the Fourth built a brothel ( query Kuhnery ) at Rome , and provided shoes covered with pearls for his concubine Tyresia . Pope Innocent the Eighth innocently enough became the father of eight 8 bm ' and as many daughters . Pope Alexander the SixtL
who is said to have sold hiinseU" to the devil , had a " son and a daughter . who . Mere ' ., afterwards married to each other . Paul the third iave his sister to this Alexander , to be made a Cardinal .- , From the holiness of this Paul came the schismatical Council « f Trent , when the Church of Rome separated from the Catholic Church .- There was also in 853 a woman Pope , who called herself John she Eighth , and by one of her servants she had a child , which wa « born in the street while she was walking " : in procession . She died on the spot , haying heia the popedom of the pure and infallible church two years one month and four days . Sorely , she at least was . the " Whore of Babylon , ' ? - A mnltitnde more of the tricks of these infallible gentry are given in the lives of the
Popes , by Platina , an old Popish writer / And if you would like an infallible ^ story . Sir Henry Colt , of Nether Hall , Essex , a great favorite with the Popish Henry VIII ., played some old Popish priests or monks a clever trick . Having been : iuformed that the holy fathers of Wai tham Abbey were going to return that iiight from Cheshuhl Nunnery , he suddenly left the King , promising to return early iiext morning . Off he started for Waltham Abbey , and pitched in the narrowest part of the marsh , which the monks had to pass , over a kind of stall or trap with which he used to catch deer , and left some sharp fellows to manage it . After the holy fathers had _ got clean out of the Nunnery , a noise was made behind them , and suspecting that they were disco .
vered , put but their light , and making more haste than good speedy they all ran right clean into the net that had been set to catch them . Next morning Sir Henry presented them to the King , who had often sweeter , but never fatter , venison . What nice illustrations these are of the celibacy of thepriestg and priestly nunnery purity , and what striking proofs of infallibility . But to come nearer home , let me just ask 'whether all popish nunneries are not in this couutry , contrary to the existing laws of the land ? And if riot , whether those which imprison poor helpless females at Darlington andScof-ton beregitteredaccording to lawor not ? lyiese matters must be looked into . Moreover ^ 1 cannot lid think that one priest is surely svjjicient for the Spiritual duties of
each nunnery ; andw / iy then do so many priests go cveryweek to these places , and in open daylight too ! — Answer this Mr . ^ innocent" Papist , and when you are doing , tell us to what other ^ denomination of professiug Christians but to the Papists will the language of St . Paul apply , when he thus gives one feature of the apostacy of " the latter times , " " forbiddiug to marry r" ( 1 Tim . iv , 3 ) . Fellow Britons , keep yo'ir daughters from these Popish schools , for they are nurseries out of which the handsomest may be selected for the seraglios of the Pop ish priesti . Petition Parliament for the freedom of every soul oa British ground . Demand that helpless-and betrayed females be set free , and allowed to enjoy their freedom . Demand that the doors of all the Popish harems be thrown wide open every quarter , and that
every nun be protected therefrom , beyond the reach and influence of the Popish , superiors and priests , to return or not as she may please ; Freedom is the Briton's noble birthright , rescued from Popish tyranny , at the expence of the" heart ' s blood of our valiant Christian forefathers , bravely shed amidst the racks , tortures , and fires , of the bloody Popish inquisition . And shall any of our lovely fellow country-women be confined , in nunnery prisonhouses , tol ) e the victims of licentious priests , and without one hope of escape , but through the gloomy portals of death ? Forbidit , noble Biitbns . ' Jjrara defenders of the oppressed ! Generous protectors of the helpless , where h your ancient British blood ? Rally round the endangered standard of British freedom ; and in the teeth of all your Popish enemies ,
whetner they present themselves as wolves or foxes , hurl the defying shout of no surrender ' . And every British heart , shall beat no popery iu loud response . "Britons nerer 3 hall be slaves , " so says the oaken heart of a true Catholic . Darlington , February 7 th , 1837 ; ' . ; . ¦ ¦ - , - ¦ - ¦ ¦'• v ¦ : ¦¦ - ' I' "¦'¦ '¦¦ :.. Mr . Alexakber then addressed the Jury ; for the defence , as foUows : —May it please your Lordship , and Gentlemen of the Jury , it was with the most un feigned sincerity that I observed to the first witness , that bothhe and myself were placed in a position of peculiar anxiety and inconvenience . He , because he stood there , liable to whatever cross-examination which the law allowed , and if I had chosen to extend it to a greater length than I did , the law
allowed that on a subject dear and venerable to him ; and I , because the duty 1 . had to discharge was one which my profession throws upon me , and which it is not nnlikely I may find it inconvenient persohallr to discharge ; but , nevertheless , it is my duty , and I will perform . it . It'is a fortunate thing for -public justice that advocates have no choice as to whether or not they will advocate the case that comes before a jury ; because at the same time that it absolves them from being mixed up with the feelings and views of their clients , it entitles every suitor , who seeks or is driven , into a court of justice , to avail himself of whatever the Enghsh bar can afford . The duty thrown upon me I sh ^ l discharge , whether to the satisfaction of my client or not , I know not ; but
I will discharge it as I think best for his interests , During the short address I shall think it necessary to make , you must understand me as representiDe that reverend gentleman whose cause I nave to atfvocate ^ as uttering his sentiments , as laying before you his views , as explaining to you his motives , and on his part asking for protection , either general or limited , such 8 » the case will permit . My ' learned friend , in the brief and judicious address with which heppehed this inquiry , gave * as a reason for u « t entering fully into the ¦ statement of circumstances , that the nature of the case forbade it—that the mode in which the investigation had arisen * excluded the defendant from entering into the general truth of what he wrote . It has never occurred t » me to have to discharge a duty , more important in
itself as it regards the subject matter inquired into , or the individual author of these publications ; because the topics that should press themselves on your consideration , I have to propose to you in M favourable a light as possible , thathe mayhot lose the benefit of an advocate ^ -they are tepics of a high , important , and deeply-serious character ; and trusting to your knowledge of what has happened within the last eight or ten years on subjects intimately mixed up with the libels in question , I will refrrto that knowledge of facts and public impressionii rather than offend your ears , and outrage the wjellregulated feelings of all in Court , by descending into the particulars . . ' . But I ask , when ; yon retire from the Conrt to consider your verdict , to take alonf
with you the libels you have heard read , to obsew the suggestions 1 shall make , aiid to most anxiowij consider the question in all its beanngs . Theicfotr matioh against the defendant consists of four count * containing three libels "; the ^ irst count ol the first libel cha ' rge 3 the defendant mtf having published a false and scandalous libel , vntn intent to vilify certain ladies—the individual name * being given . The second and third counts on the second libel are the same , but the fourth conf > charges him ( with much more justice as I submit ; with the general intention of libelling the ScortoB Nunnery . ; - - - . -- . - ¦ :- ;'¦ ¦ - / . " . . ¦ ¦ ¦' ¦ - ' - ' - . - ' - . :. ; . ' ['"' ' ^ Baron ALDEBSQN . r-The great point is , whetn « this was a libel on the Roman Catholic Churcft eenerallv . or the Scorton Nunnery ? If solely on
the Church , then this indictment fads . , Mr . Ai-exanpeb continued- -You would gues ^ from the peculiarity with which I read byer ^ e counts , that my next observation would . bf V ^ which his Lordship hassuggestedin ^ amuch stonigef point of view . Now I cannot hel p thinkmg that « e L will come when it will be otHiiportance £ jfc * defendant whether the verdict w found on the nrstor last count . I will illustrate this in a moment-indi vidual malice and anxiety to mjure , by selecMi persons who might y have , theu proapecto in Me blasted and destroyed by hbehi v would deseryai and receive much , less consideration at the hand ol * jury , than some matter applied io a general way » atith nn « nr * h intention . bnt : ah enhemeral production
of the day , when its day has past by to be forgotten like the teat . To attack wa . individual , directing the attention of the world to him , or attacking J particnlar body ; and taking a more extended new , merely attacking the weakness of human nature are very different things . You will find the complaints of the defendant less against mdividuals tii »» a system , which , by a particular code of lawswj u regulations of faith , not merely lays persons open ^ temptation , but is an incentive to a deviation am » thepaths of virtue . It was wWi . this . " ©* . - ^ 1 ^ exercise of ray judgment , that 1 thought it n&y £ ascertain the existence of a mannal caDed JJe *» Theology , and a work entitled the Garden of ^ Soul . I did it because those books are parOcul ^ J alluded to in one of the libels , and when you rW ( Continued in our Ilh Page . )
Untitled Article
iBHiH l lHi N 6 THE NQBTH ^ St July 2 ^^ ^
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Citation
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Northern Star (1837-1852), July 21, 1838, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct352/page/6/
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