On this page
-
Text (4)
-
Untitled Article
-
Untitled Article
-
Untitled Article
-
Untitled Article
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.
-
-
Transcript
-
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.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
Untitled Article
YOB . KSHISE SPBJNG ASSIZES . CROWN COURT—Satukdat , Mabch 18 , ( Before Mr . Justice Coliman . ) Thomas Btnmam pleaded guilty to & charge ot riot , and "was Ofrderedto enter into his own recognizances of £ 100 to appear at the next assizas to receive jndgcent Soldrfe Suictf&e . aged £ 7 , was indicted for attempting to set fire to the cotton-mill of Abraham TJttley and others , at langfielil , in the West Biding , on Bib 24 th of September last Sir Gbegobt Lewis and Mr . PaSHLET conducted the prosecution ; Mr . WilKiNS defended tbe
It appeared tiat the prisoner had been in the employment of the Messrs- JTttley for some years as a spinner , bniln t >« latter part of 1 m * year , in eonseqnence of soo improvements having been introduced into Hie machiiiery -which rendered necessary a smaller Bomber of hands , he , -with eight others , -was dismissed . There "was , however , no quarrel between Ma and Mb Easter on that account . Mi . "DKley gave a -dinner to the dismissed workmen on the occasion of parting with , them , and to the prisoner , at least , had erpxssed h ' js -willingness to assist him in getting another- « tuatio n . ! Tbe prisoner , it appeared , however , had , onnore thsa one occssion iised staroog language xespecianic'Sie Mew jrs . TJttley mkL their mill , » d expressed a wish , tbat it ¦ na Inunt Bang out of employment , feowever , -and * an . old
servant , he "was frequently in and . about tba mill , and had many ^ ipporUmitieB of making iamself acquainted -with its internal arrangements . It appears that one-part ef the « U 1 is called the"" willow" room , in -which the cotton undergoes one of ihe first operations to -which it is snbjected . Ibis is -on the fjround floor . The " -willow" machine stands in the centre of theroom , and on tiB 24 th of September last , there waa at one side , nexttbe -wall , a-feeap o £ «* otton , -which had undergone this operatisn , and was , therefore , d a light consistence , -and wy iaflmnniable . In another corner , near the door , there iad jjeen left on "that evening , -when tho workmen csme away , a skip of coiton ¦ waste . About ten o ' clock Mr . TJttley ¦ was standing at £ he door of his own house , \ rMch commands a ^ ie"w -of the "wiilffw-room , when he perceived a light . He was wondering whence it could
prowed . ' wiien his overlooker , who Bad ieen atTodmon ? en , ^ caine up at tbo moment on Ms -way home . Mr . Tftfley pointed the light out to him , and he immediately hastened-down to the-wiDow-rooKi , Mr . UtUey following . Be fonnd tne wiBow-room ^ ocr a jar , the waste in tfceskipinablM 3 , an £ 3 nBtcomnwnicating ^ with attain of cotton about a fbet wide , whish was laid from the skip to the heap at 4 be other -side of the room . The overlooker , with grest presence of mind , cnt off the comHnmicat : o 2 , and thrusting the skip out of the door threw it into the dam which was just opposite . Mr . TTtUey succeeded in * xtinguisbiBg other portions of the burning cotton in the room . . It was stated that had the fire communicated with the heap of " willowed" cotton , nothing could have prevented the total destrncBon of the mOL This was worth about j £ 3 , 000 , and was insnred for = £ 2 . 510 .
To connect the prisoner with this transaction , a great deal of circumstandal evidence wes gone into as to con-Tersations -which the prisoner had had "with , several individuals s short time before tMB occurrence . He had teen seen , too , about "the mill , and coming put of the ¦ wfflow-rdom at a late hocr on that evening , without there being apparently any reason for . his being there . About the time tbe fire broke out he was met on the Ugh road at a distance of a few hundred yards com ' ng apparently from the mill , and those who met Mm described certain peculiarities in his demeanour and tke expressions which fell from Mm , which seemed to show that he was at that time in a state of considerable _ « pninaon and al ^ im . *^ Mr . Wilkixs addressed the Jury for the defence , snd , sftsr a short eonsnlEstion , tbe prisoner -was found 2 fot
Gaflfcy-WUliam Rogersm , IS , and Joseph Smith , 21 , were charged with having , on the 5 th of December last , at Xeeds , assaulted Benjamin "Barker , and stolen from Ms person a hat , an umbrella , and paper parcel . Mr . Hcqh Hiii -was for the prosecution . The prosecutor is a cloth manufacturer , residing at Bramley , and on Friday , the -9 ih of I > ecember , he was proceeding to ins home from Xeetls , -when lie came up frith three men ,-oiie of-whom seized him and attempted to stop his mouth , but he straggled and called out , and tbe aen made off , taking with them the things mentioned in the " indictment , which had been dropped by the prosecutor in the struggle , which , however , he after--wai ds recovered . Information was given to the police , and from ~ the description given of the men , the pri-Beners -were apprehended .
This case depended on a question of identity , which was fuflym&de out against Smith , and he was sentenced to twelve months' imprisonment to bard labour . The prisoner Hogenon was * cgnitted . Samnel Foihe / yill , -21 , was charged with having on tie 20 ih of December last , at Leeds , assaulted Israel Holgate , and stolen from Ms person 15 s ., ten sixpences , a silver pendl case , - a silver watch , a silver snuff-box , and other articles , Ms property . Mr . Hili TPas for ttie prosecution . The prosecutor is a Weslejan minister , and resides at Bramley , near Xeeds . On the evening of "Hie day to question , he was
proceeding to- ^ ards tfeat place from leeSs , -when he -was stopped by three men , who knocked him down , and rflsd bis pockets of the articles mentioned in the indictment , and ran cS . Information was given of the Tobbery , and six days after , some of the property was found in the possession of the prisoner ' s wife * who . said that her husband had . given her the things about a -Week before , which statement Fothergill confirmed , and added that he had found them . He was taken into custody , and upon the evidence of recent possession , committed to York for trisl The Jury found the prisoner Kot -Guilty .
Jama WHsva , 24 , was charged with having , on the 27 th Dec last , at Dc&caster , assaulted Jcbn Smith , and stolen from bis person three sovereigns , and five ghrTKngiij his property . Mr . VTJXX . ISS and Mt AsPUtiTJ . -were for the prosecution ; Mr . OTsrend-defended the prisoner . The pressentor is inthe employ of Mr . John "Wright , cf Doncaster , miller , and on the evening of tbe day in question he was proceeding to Carr House with some flour , waen ha was attacked by three mea who knocked Mm down , and rifled his pockets of the property above
mentiind . Having * me this they abused' Mm , kicked Mm-severely , and threw Mm into a poad , -where titty left Em . He was found there a store tame after by some oOjet persons , "Who ^ got Mm out , and he was conveyed home . Medical aid was called , and the prosecutor was confined to ^ the house for a week in consequence , of the injuries he received . On the same evening , Etches , superintendent of police at Pancastar , received intonration of the robbery , and he very shortly caused three men to be appreheded , - one of whom the prosesutor positively identified , but he could sot speak with certainty to the others , and th " ey were
discharged . Tbe defence was that the question for the Jury tFss as to identity , -wliicli Mz . Oteeesd contended hid not been stifiitiBnUy mad « oul io wazrant them in giving a verdict against the prisoner . Tne 1 / earned Counsel called a witness , who gave the prisoner an excellent character . —Not Guilty . John Wheailey was charged with having , at Leeds , on the 21 st © f May , 1842 / forged and put eff a certain promissory note , purporting to be the note of the Xeeds Union Banking Company , with intent to defraud one William Rosa .
Mr . Ellis was for thejiroseeution . It appears that in the month of April , 1842 , 12 ie prisoner had " by misrepresentation induced a respectable engraver in Leeds , of the name of TTicholson , to engrave Wm a blank form , Bomewhat resembling an unfilled up note of tbe above company ; and on the day charged he attempted to disposeggf one "which he had filled up to 2 tLr . Base , of Xeeda ^ gicwex . The counterfeit was immediately detected byrtfiafc gpptleman , and he gave the prisoner into custody . Guilty ^ To be transported for ten years . George . Green . , -was charged "with laving , on the 2 nd of January last , at Heslington , kroken and-entered an ont-house adjoining the dwelling bouse of William Slilner , and stolen therefrom a quantity of linen .
Mr . Cckreb was for the prostration . The prosecutor resides as Heslington , and Ms wife takes in linen to wash . On Monday the 2 nd January , she washed a number of things belonging to Mr . Newstead , of York , and the friends ' -Seho * l , wMch were left sale in the wash , house at right Ifert morning the door- was found open , and the things gone . A search was instituted , and very shortly the prisoner and the linen were wnud concealed in a hay-shed belonging to Major Tarburgh . 33 i 9 C 9 un 3 el for the prosecution failed in proving spat the wash-house -was within the curtilage of tbe dwelling-house , and under the direction of the Learned Judge , lound the prisoner Guilty of larceny . To be imprisoned and kept at hard labour for nine calendar months . Tne Conn was fcen adjourned .
Hoxbat , Maech 20 . " ~ ®?? ?* J ledin 2 % 27 ' TAwn « Corfu * , 30 , and Wtjl Gorttcfc , 22 , were indicted for having , on the- 30 th of January last , at Hudderaaeld . feloniously and violently assaulted WauBattje , on Qa Mghway , and stolen from his person sixpence in silver and one penny in copper Jhe property ef the said Wm . Battye . ^^ yi ^' Mr . Isghax and Mi . Mosteith ts&q for the prosecntionv Mr . Wrnxixs defended the two Garlicks . Sleding "was undefended . Tlie prosecutor is a young aian aboufc-ikteen years of age , « id on the 36 th of January last he west to visit Ilia parents , " -who reside at Birkenshaw . He-was retarding io -HillhOBM , near Hudderafield . at which
place he worked , and on ma road he had to passw ins eaUed the ; Woodman . When he had got a short distanoe past this inn Jie tame op with three mea , one ot Srtiom ( Sleding ) after coveriBg the prosecator 1 * xaoaa , ¦ with Ms haodj knocked Mm down , and tbe three- men gave Mm several kieks irMle he was down . His pockets were then rifled / and tiia meney mentioned in the indictment was abstracted , they also took Ms hat , and U « rxlnade . offi He called out several times during the period tiat-W -was struggling with the men , and a person on eamlBg- out of the WoodEian , found Mm laid an the Toad-bleeding j and b ^ lnm he mu conveyed to tha Woodman . Theprosecato ? coold notidentfy any Ct ftfr prisons except Sledinj , but witnesses were
Untitled Article
called-who deposed to having seen them to gether " larking" near the place where the robbery w : & committed » short ti / uo before its taking place , a nd . they were tafcen into custody on the turnpike road . & short distance from tt ^ place , and bad been seen for some distance in comply . The night was dark , and Vje question of identity-w- '^ s strongly put to the jury by tne Learned Judge in bis summing up , as well as by M ' f . "WUkiiis in bis address un behalf of Ms clients . The jury , without retiring , and after a moment ' s deliberation found all tbe prison'irs Gnilty ; The prisoner Sleding was sentenced ta be transported for life ; and the two Garlicks for the . term of twenty years .
Thorax Cfredoes , U 8 , ) Wmliam J 3 owlixg , ( 27 ^ and Jame& Sdte ^ eJd , { 27 . ) were indicted for having , on tbe 3 Oth « T September last , on the Mghway , at Leeds , assaulted Richard Tickers , and stolen from his person tw . mty sovereigns , fifteen ~ hiAt sovereigns , a £ 5 note , arid e £ her property . Mr-lNGH ^ w and Mr . "Price were for tbe prosecution ; the prisoners were undefended . Tbe prosecutor ib a dealer in calves , and resides at Attomgham , -near "Sktpton . On Friday , the 34 th of September ltst , he hed been at Leeds , disposing of some calves , for wMch'he received the sums of £ 32 10 s . and £ 4 10 s ; the mosey was in geld , and a £ 5 bank of England note , which money all but two sovereigns , be put in a purse , or in an inside waistcoat pocket
He left Vicar ' s Crott , Leeds , labout eight o ' clock at ¦ si ght , along-with-EH Delves ; and , after crossing "Woodhouse Moor , he called at a butcher's shop , where he stopped about half an hour , Delves leaving him there . He ( the prosecutor ) proceeded on the retod home alone , and about half a mile beyond Headincley , he was suddenly-seizad , dragged off Ms poney , and thrown en to the ground . He was then attacked by four or five men ,-one of whom placed his hand over his mouth , t * prevent his crying out , and during this time a finger got into his mouth , which he bit most severely . He struggled bard wita them , and one of them said " 3 )—n Mm , if he does not lay still , stick Mm , " They used great violence , and , in order to get possession of Ms money , cut bis waLtcoat , and tore his pocket eut . They robbed him of £ 32 10 s . He supposed it must
have been a little after nine o ' clock ; it was dark ; but he could swear to the prisoner Greaves , who was the man he fell upon the first . He also lost a memorandum book , a key , and Ms hat . He found a hat on the read after tbe prisoners had run away , which be gave to Mr . Read , cMef -constable of Leeds , and which was sworn to by several witnesses as having belonged to tbe prisoner Greaves ; and when the prisoner Howling was apprehended his finger was found to be severely wounded , which he first said had been cut by a knife , and then by a piece of glass ; but a surgeon who examined his hand gave it as Ms opinion that the wound had been caubed by a bite . Tbe prisoners had been seen together on Woodhouse Moor the same afternoon ; theywera praved to have been very shoit of money before the robbery , and were shown to have been spending it very freely after the robbery .
Several witnesses were called , each of whom clearly brought tbe crime home to the prisoners ; and tbe Learned Judge having summed up , the Jury , without hesitation , returned a verdict of guilty against all three . They were sentenced to be transported to fifteen years each . Henry Slorey , 32 , -was indicted for having , on the Jth of M&rch , 1842 , at the borough of Hnll , feloniously uttered , disposed of , and pnt off a certain promissory note for tbe payment of £ 22 3 a 6 d ., with intent to defraud one William Irvin , well knowing the same to be forged .
Mr . AncHBOLD and Mr . Liddell were for the prosecution ; Mr . Wilkixs defended the prisoner . The prosecutor in this case is one of the firm of Win . Irving & Co ., ilax-dre&sers and dealers in hemp at Hull , and the prosecutor is a rope-maker residing at Filey , near Scarborough . The note was given U the prosecutor as security for half a ton of hemp , and purported to be signed by -Use prisoner ' s brother , and Mr . Felliskirk , also ot Filey . On tbe note becoming doe , tbe -Signatures were discovered to be forgeries . —Guilty , but recommended to mercy . Sentence deferred .
E&vard TeUy , 28 , was charged with having on the 7 th of February last , at Barnoldswick , robbed Joseph Windle of a sovereign , and £ 3 103 . in silver . Mr . WA 8 KET was for the proiecution , and Mr . Heatom for tbe prisoner . The prosecutor is a carter at Barnoldswicb , and on the evening of the 7 tb of February he was returning h » me from Burnley , In Lancashire , a distance of about twelve miles . He was sitting up in the corner of his cart half a sleep , and when ha had get to Tubber Hill his attention was attrasted by his horse stopping , and on looking up he aaw tbe prisoner near tbe end of the cart . It was a moonlight nigh *> , and the prosecutor had knows ihe prisoner for several years before He said " Hollo , Ted , is that thee ?' The prisoner replied " May I ride with thee down to
Barnoldswick , Jos , " prosecutor said "Aye , jump in lad ,- " and be did so . Another man also got into the cart from the shafts , and the men said to Win . Ue " Now , thou must deliver up thy brass , or we'll kill thee in a minute . " The prosecutor was struck several times with a stick , and robbed of the money mentioned in the indictment . The prisoner then said " This is not all , thou has some in thy shoon ( shoes . }" Prosecutor said he had not , prisoner called him a liar , and the men then cut the laces of his boots and took them away . Tbe prosecutor was rather stunned by the blows , -went to the nearest farm-house and obtained a
pair of shoes , and then went to BarnoldBWtcE and gave information to King , the constable . He , however , was lame , and could not render any assistance , but Windle went into the Cross K-.-ys publie-bouse , and asked Un . Robinson , the son of tbe landlady , to assist him . He did so , and fonnd tbe prisoner sitting by tbe fire in bis mother ' s hou 3 e , in his shirt sleeves . He went to get further assistance , bnt when iie and others returned , it was discovered that Petty had made Ms escape , and be was not apprehended for a week or ten days after that lime . Witnesses were called to prove an atibi , bnt ibis failed , and the Jury returned a verdict of Guilty . —Fifteen years transportation .
SUBSIDIARY COURT—Saturday , March 18 . ( Before the Hon . J . S . Wortley , Q . CJ ThomasOledhaR , 18 , and Abraham Farrar , 20 , pkaded guilty t « stealing at SwiUington , on the 14 th of Nov . last , one ewe , and with killing one other ewe , with intent to steal the carcass . —To be imprisoned four calender months to bard labour . J ohn Burton , 38 , was charged with stealing a great coat , the property or James Diron , at Sedbergh- Mr . BLA 5 SHAKD conducted the presecution , and Mr . DkaSLEV dtfendfed the prisoner , who was found guilty , and sentenced to be imprisoned for three calender months to hard labour in Wakefield House ot Correction .
William Stortr and Thomas Rtibinton were charged with breaking into the dwelling-house of Wm . Roukley , at Cr ^ okes near Sheffield , and with stealing various articles therefrom . Mr . Pashley and Mr . Smith were for the prosecution ; tbe prisoners were undefended . The Jury found Storer guilty , and the constable proved two previous convictions against tbe prisoner , -who was sentenced to be transported for ten years . Robinson was acquitted . Samuel Moriiaer , 40 was charged with killing a sheep at Hatfield , the property of Francis Siinciiffis , with intent to steal the carcass . Mr . Roebuck and Mr . Aspihall were for the prosecution ; Mr . Wilkiks
defended tbe prisoner . Tne prosecutor is a small farmer living near Thorne , and in February last he had three sheep pasturing in a field , which he saw sale on the evening of the 11 th of thai month , and on the following morning it -was discovered that one of them ¦ was slaughtered , and the carcass taken away . The priBoner ' 8 house was searched , and several parts cf a sheep were found in it and in an adjoining rush stack , one of wMch corresponded with the skin left in the field . In cross-examination it appeared that there was only & very small piece of mutton found in the prisoner ' s house , and that the stack in which the greater part of the meat was found was a distance of 100 yards from the prisoner ' s house . —Not Guilty .
MODAT , MAKCH 20 . Before 21 . T . Baines , Esq ., Q . C . Joseph Pollard , 37 , was charged with baving burglariously entered the dwelling bouse of John Patehett , and stolen therefrom l € 0 lbs . weight ' of bacon , one gallon of gin , and other articles . Mr . Pashley was for the prosecution ; Sir Gregory Lewin defended the prisoner . Jt came out in the course of the trial that there was no case against Pollard , and that tke guilty party wu a man named Wilkinson , who bad been committed for trial , but the Grand Jury had ignored the bill- The Jury , therefore , under direction of tbe Judge , acquitted the prisoner . William Myers . 32 , was charged with having feloniously assaulted William Myers , and with baving stolen from Ms person one gun , the property of Wm . Rhodes , £ sq . at Arthington . Mr . Oteresd was for the prosecution . Sis Q . Lewis defended the prisoner .
The prosecutor is a- farmer at Arthmgton , and ou toe night of the 19 th of October , he went out with the gamekeeper of Mr . Rhodes , of Kirkstall Hall , to preserve the game on that estate The prosecutor had a gun in Hs hand , and they encountered a gang of poachers , of whom the prisoner was one ; on coming op , the priwner and the prosecutor had a scuffle , in which the prisoner wrenched the gun from the prosecutor , who was also much ill-used by tbs other poachers , and but for thj interference of the prosecutor would probably have last Ms life . The prisoner carried away the prosecutor ' s gun ; but the lodge doubted that there was any proof that tbe prisoner had taken away the gus feloniously , with an intention , to convert it to Ms o wb use ; it rattier appeared that he had taken it from the prosecutor for the purpose of disarming him . If that were the case , then , however guilty the prisoner might be of another offence—that of night poaching—he was not guilty of the felony .
TJoe Jury retamed a verdict of Not Guilty , an * tbe prisoner was discharged , after so admonition w to Ms future conduct . Thomas Baumsley was charged with stealing from the dwelling-house ef John 3 > ziefitley , of Bradford , a quantity of wearing apparel . Mr . Charles Hardy conducted the prosecution . Tie priseqer was undefended . Xbe proseeator and Mb wife were from borne on the 17 Ui of February laet , and on their return tbey found that the house h&a been entered , ana & BttU of men *
Untitled Article
clothes , a handkercMef , and other articles stolen . These thing ; the prisoner was proved to have pledged at Halifax , on the 20 th of February . Gallty . —Tobb imprisoned eighteen calendar months to hard labour * William Tessyman , 52 , was charged -with having , on the 18 th of Oct . last , at Stouebcck-down , feloniously stolen ten wether sheep , the .. property of William Forster . The sheep were seen in the field three days preosding the robbery , and on being missed , were traced to Leeds , where it was ascertained they bad been sold on the I 9 tb of October . Tbe sheep were marked " R . W . " on the horns . The Jury found the prisoner Guilty . —To be trans-Bported ten years . Jeremiah Barlow , 22 , was charged with having on the 23 rd of October , at Doncaster stolen a gelding , the property of Joseph Maehio Axe . Mr . Blansiiard and Mr . WaxkeR were for the prosecution ; Mr . Wil-Kins defended the prisoBer .
The prisoner was found Guilty , and was sentenced to be transported for ten years . James Scop , 26 , was charged with having uttered and put off a certain forged promissory note for the payment of five pounds , purporting to be a note of the Halifax and Huddersfield Banking Company , with intent to defraud Richard Varley Mr . Bliss and Mr . Pickering conducted the prosecution ; and Mt . Overend defended the
prlsoner . The prosecutor keeps a Bmall shop at Stainland , in the parish of Halifax , at which place the prisoner , who is a delver , also resides . On tbe 1 st of December , Scott went to prosecutor's shop , and asked him for some blasting powder , In payment for which be tendered the note in question , saying he had received it from a stranger . Tbe prosecutor at once detected the counterfeit , and requested the prisoner to wait till he put on his coat , and he would go with him to the party . They sought : for about two hours for the person from whom the prisoner alleged he had received tb 9 note , but did not succeed in finding Mm , and the prisoner
was in consequence given into custody . On the 26 Vh of November , the prisoner was at a public house at Rastrick , in company with a man named John Clegg , to whom he gave a £ 5 note to get changed ; Clegg took the note t » the landlady , for which she gave him five sovereigns , which were by Mm transferred to the prisoner . The note subsequently went through the hands of Beveral persons , and was ultimately returned to Clegg , who went to the prisoner ' s house , when the father of the latter received the note , and gave Clegg five sovereigns . ; The learned Counsel for the prosecution baring failed in proving the guilty knowledge of the prisoner at tke time of the transaction , he was acquitted .
Henry Turner , 31 , was charged with stealing a mare , the property of John Maugham . Mr . Walker and Mr . Aspinall were for the prosecution ; the prisoner was undefended . Tha prosecutor resides at Thorpe , in the parish of Kiinbeiwortb , a short distance from Doncaster , and on the afternoon of the 29 th August last , between one and two o ' clock , the mare in question was turned into a field , from which place it was missed on the following morning . On the afternoon of tbe 29 th , tbe prisoner was seen riding on on ass from Doncatter in tbe
direction of the field out of which the mare bad been taken , an 4 the next day the asa was found in that neighbourhood . About two o ' clock on the morning of the 30 th the prisoner was seen riding upon a burse resembling tbe one stolen towards Doncaster . Information of these circumstances were forwarded to the police , and in constquence the prisoner's premises were searched and the prosecutor's mare was found in tbe stable , fire prisoner , in defence , eaid that he bought the mare of a man named John Smith fer six guineas . — Guilty . To be transported for fifteen years .
William Smilh , 28 , was charged with having burglariously entered tbe dwelling-house of Pamuel Hall , with intent to steal therefrom . Mr . Bai ^ e appeared for tbe prosecution ; and Mr . Overend was for the prisoner . The prosecutor resides in Marsh , Sonthowram , and on tbe night of the 26 th of November , tbo family retired to rest about ten o'clock , at which time tbe doors and windows were secure . Between three and four o ' clock the next morning , tbe servant was awoke by a loud noise in tbe warehouse , over which he sleeps . He raised himself up in bed , and immediately afterwards a man forced his bed-room door , with a candle in his hand , and said he would shoot him . The servant answered he thought he would not , and the man turned round and went away . Nothing was taken from tbe premises ; and the Jury being of opinion that no felonious intention had been proved , acquitted the prisoner .
John Sicaine , 21 , and Benjamin Hartley were charged with breaking into the press shop of Messrs . Hirst and Co ., and stealing therefrom fourteen worsted pieces . Mr . Thompson conducted tbe prosecution ; the prisoners were undefended . The prosecutors are cloth and stuff dyers and finishers at Halifax , and about six o'clock in the evening of the 11 th December last , one of the firm was in the press shop , and on leaving the place he left all safe ; be returned again between nine and ten , when he found the press shop door broken open . About half-past eleven the same night , the prisoner Swaine and another person were seen not far from tbe warehouse with a socle each ' on their backs ; that upon being called to they threw tho sacks npon
the ground , but Swaine took his up and walked away . He , however , appeared to have again dropped the sack , for upoa seach being made , they were found within a few yards of each other ; these sacks , upon examination , were fonnd to contain tbe articles named in the indictment . The prisoners were several times seen in company together on tbe night of the robbery , wMcb catued their apprehension . Guilty . Swaine having been previously convicted of felony at Leeds , was sentenced to fifteen years' transportation . Hartley had been convicted during the present assizes under the name of Mason , for Mghway robbery near Bradford , and -was not sentenced upon tbe present conviction .
Daniel Barker , 57 , was charged with breaking into tbe dwellipg-boose of Samuel Norman , with intent to steal therein . Mr . appeared for the prosecution ; and Mr . Overend defended the prisoner . The proiecutor resides at Welbury , and on the morning of the 17 th of January last , about a quarter past two o ' clock , his son was awoke by a noise in the house , upon which he got up , and on looking through the window , saw the prisoner in the shop . About an hour afterwards they went to the prisoner's bonse , a distance of about three miles , when the ; found the prisoner in bed . The only witness examined were the prosecutor and Mb son , and in their cross-examination it was elicited that some ill feeling had existed between the parties respecting an ass , which the son charged the prisoner with baving stolen from him . The depositions taken before the committing magistrates differed materially from the evidence now adduced , and the Jury acquitted the prisoner .
John Blacker , 21 , pleaded guilty to having , on the 21 st February last , at Swintfieet , feloniously stolen six silver spoons , and five plated spoons , the property of Joseph Patkin , To be transported Ten Years . John Slather , 26 , was charged with burglariously entering the dwelling house of Nathan Holmes , and stealing therefrom one hundred yards of woollen cloth , one silver watch , one pair of black cloth trowers , and other articles ; and also twelve silver tea-spoons , six german silver table-spoons , and two gold broaches , the property of Mary Ann Holmes . Mr . Pickering and Mr . Thompson were counsel for tbe prosecution ; the prisoner was undefended .
The prosecutor is a tailor and draper , at Keighley , and on the 28 th of December he and his wife and daughter went to bed about half-past ten o clock , when the house was examined , and found to be secured in the usual way . The daughter was the first down stairs on the following morning , about seven o'clock , when 8 he discovered that the house had been entered by the kitchen-door , aud the articles named in the indictment were missing . Part of the stolen property was subsequently traced to the possession of the prisoner In Bolton , and some of the articles were pawned in Bradford by a woman , at the request of the pxit-oner . Guilty—To be transported fifteen years .
Untitled Article
NISI PR 1 TJS COURT , Friday , March 17 . CLOUGH v . JAllES . —{ Special Jury . ) ( Before Mr . Baron Parke . J Mr . Wilkins and Mr . H . Hill were Counsel for the Plaintiff ; Mr . Knotyles and Mr . Hall for the Defendant . The following gentlemen were sworn on the Jury : — W . Platt Bradshaw , of Ackworth , Esq . John Ridsdale , of Headipgley , merchant . J . L . Hartley , of Middloton-Tyaa , Esq . Robert Ramsay , of Middlesborough , merchant . Francis Hobson , of EcclesaU Bieriow , merchant . James Stock , of Fieher-Green , in Honley , merchant . Joseph Harrison , of Ormsby , merchant . Henry Cholmley , of Bransby-cum-Stearsby , Esq .
John Mason , of Ormsby , merchant Thomas Btty , of St . Michael ' s , New Malton , merchant . Robert John Ellersbaw , \ -. _ . „ Willliam Pass , / laleam 6 n - At the rpquest of tbe defendant ' s Counsel , the wit ' nesses on both Bides were ordered out of Court Mr . H . Hill opened the pleadings . In this action Thomas dough was tbe plaintiff , and William James the defendant The plaintiff complains that tbe defendant assaulted . and seized and laid hold of him , and forced the plaintiff to go along divers streets , and imprisoned him in a cell for several hours , andaf terwardB imprisoned him in a yard till be was released . The defendant pleaded Not Guilty by statute .
Mr . Wilkiks said that if a judgment was to be formed , from the note of preparation on the ather side , of the nature of the fight in which they were about to engage , his opponents were in earnest , for they bad adopted a proceeding which was somewhat unusual in casei of this description , that of ordering all the witnesses out of Couit ; thereby implying that the witnesses were unworthy of credit The plaintiff in this case , Mr . Clongh , -was a man in decent circumstances in the borough of ; EeedB , who was formerly in trade iuthat town , and whilst bo he became pretty well known to the defendant . The defendant was Mr . James , who WEB the Superintendent of the Police Force of the Borough of Leeds . Of couraa , if his Learned Friend could make that out on bis trial , it wonlft make tbe
Untitled Article
assault complained of all the more serious ; because it could not redound , to the . credit of any peace-officer ; nor did it say much fo * the security , and psace , and tranquillity , and comfort of the people of . Leeds . The plaintiff on the 3 l 8 t of December , in last year , was emp loyed in soliciting orders , he being the agent for the sale of ale and porter , and an article called black beer , of which the people of Leeds were very fond . He had called at the Union Ion ; in Ludgate Hill , to solicit orders ; and whilst engaged there- in the chit-chat of the day , a gentleman named James made bis appearance ; upon which the plaintiff happened to say to a man : named Richardson , who was sitting with him in the anug , "There is a man who is no friend of mine "; and being asked , who it was , he said it was " Jemmy
James , alias William James . " The Superintendent at once pronounced this an insult upon him ; it was , as an oracle of the night immortalized by Shakspeare had said , " flat burglary . " He , therefore , walked up to the plaintiff , put his fist into his face ; and made use of some expressions which he would not repeat He asked Mm what he had to aay about Jemmy James ; but the plaintiff kept his temper , and laughed in his face . Aud he said , making a low bow to atone for Mb former error , « Mr . James , the next time yon approach roe , I will thank you to do bo without very nearly knocking down my daughter . " Upon which Mr . James
waxed wroth , called him a scoundrel , and said he would have him taken , up , under the Borough Police Act ; and would floe him £ 5 . Out of dootahe went , and in a short time be returned with two police officers , whom he directed to take the plaintiff to the station house , and he told Mr . Ingham , the constable ef the night on duty at the office as Inspector , not to take bail on any account whatever . The officers obeyed , and the plaintiff was taken away to the prison ; and there he was kept till the afternoon of the next day , when he was discharged . Aud it was for this violent proceeding that the plaintiff now sought compensation at the hands of the Jury . :
David Laking—I am a mason , and live near Richmond , in tbe North-Riding of this county . I bad occasion to attend the Leeds Borough Sessions last December ; I remember being on the 31 st of December lost , in tbe Snug at the Union Inn , at Leads , between halfpast ten and eleven o ' clock . Thos . Clough , the plaintiff , his wife and daughter , and a person of the name » f Richardson , were present All the parties were entire strangers to me . I remember Mr . James , the defendant , coming into the room . On coming into the room he said he would not be offended by such a d d rogue , rascal , and villain . He would have him taken up to Park-row . He said that to Clough . He said he would
have him locked up till Monday ; and he should have no bail ; and he would fine him five pounds as a rogue and a rascal . When be used those words he bad Mb fist doubled in Mr . dough ' s face all the time . James then went out of the Snua , and returned in a short time with two policemen . He told them to take away that man Clough and lock him up , and he was to have no bail till Monday morning . The policemen took him ; Clough had done nothing that I saw . I was there half an hour before James came in , aud I beard nothing said nor done , except that Richardson asked who that was , and Clough said , " It is Jemmy James , alias William James . " That was before James spoke to Clougb in tbe first Instance .
Cross-examined—I was stopping at the Union Inn during the bcsbjoiis . This occurrence was on Saturday night . I drank wine and water . I bad had tea in another room before I went into the . snug , about ten o ' clock . I was eubjeened by Mr . Naylor , about tha settlement of my son . I had seen Clough two or three times before that night , at Mr . Sadler ' s , the Union Inn ; and once or twice in the market-place . I do not know who Richardson is . James was in tho bar speaking to Mrs . Sadler , when Richardson asked who tbat was , and Clough gave the answer I have stated . He
answered so loud that James might hear . Clough did not say " Aye , d—n that James . " I did not hear James say that ho would not be "insulted in the execution of his duty by Clough . He said he would not be insulted by him . I did not hear the words " In bis office . " I did not see Clough take a mouthful of beer and spit it out at James ; be did not , because bis wife drank it off . I did not see anything of the kind . I did not see him spit at James at all . I am sure that I waa wide awake at the time . I was sitting at the far end of the snug , looking towards the bar . Clougb sat facing the fire-place , on my right hand .
He-examined . —I had got my tea in the kitchen . I was in the seat under the window in the snag . I did not see James in the bar . He came into the snug in a passion . It was before he came in that Clough had used the the woxda 1 have said . No spitting or spirting of ale could have taken place without my seeing it . Thomas Richardson—I am a pawnbroker at Leeds . I have n « t contributed towards the costs of this action , or to paying the Attorney . I do not know that any of the Plaintiff ' s neighbours and friends have contributed towards defraying the costs of thia action . On tbe last day of the year , I was at the Union Inn , at Leeds . I met tbe plaintiff there by accident Whilst I was there Mr . Jam « s came into tbe house . I went about eight , and he came In about half-past ten . Ckugh was
talking about the last night of the year , and be said , " A . person has come in who is no friend of mine . " Tbe person of whom he was speaking waa in the bar adjoining the bnut , where we were . I 4 » ked who the person was , and be said " Mi " . James , " alias Jemmy James . " Mr . James attempted to get into tbe room , and Mr . dough ' s daughter was standing In the way , and he gave her a push to got past Mr , Clough said " I wish you would not push ray daughter ; " and he said , " I will ; 1 will , you d—d thief , liar , and vagabond . " He waa very much excited . Whilst he was making use of this language ho clenched his fiat , and held it close to Mr . Clough ' s face . He said he would not be insulted by Mr . Clougb when be was on his tint ? . He said he would have him fined £ 5 under the Improvement Aot He would have him taken to tho lock up . Mr . Clough said he begged pardon if be had offended him . He said he would have nothing of
the sort ; he would have htm token directly . He went out , and in a few momenta be returned with two policemen . He said to them , " take Mr . Clough to the lock-up ; and if any person comes to give ball , it is not to be taken at all . " The policemen went on each side of Mr . Clough , and aa Boon as they touched him he rose spontaneously . Mr . James did not at that time say one word about spirting ale or spitting . He used notbfng to wipe his face . When the police took Mr . Clough away they went past the House of Recovery . Mrs . Clough and I went to Mr . Beaumont's , and Mr . Beaumont and I went to the Couit-House together . Mr . Buauraont offered bail for Mr . Clough in my presence . He offered to depoait a sum of money as security for his appearance . He did not tender the money , but said he had it iu Ms pocket Bail was refused . Tke Defendant was not there . Mr . Clough was sober .
Cross-examined . —My pawnbroking establishment is in Dyer-street . I have known Clough about two years ; but did not know him when he kept the public-house . I have heard him say that be once kept a public-bouse in Kirkgate . He did not tell me that his license was taken away for keeping a disorderly house . Some discussion arose between the Counsel aa to the propriety of pursuing this line of examination . Mr . KoowIps said he wanted to show ill-will to the police , and to Mr . James in particular . The proposed course of examination waa permitted .
Examination continued—Mr . Clough did not tell me , and I don't know why he lost Ma license . I know Mr . James very welt He is Superintendent of the Police at Leeds . He has gone through the different gradations of policeman , set jeant , inspector , and superintendent When James came into the room , I did not hear him stvy to the plaintiff , " Clough , what is tbe reason that you insult me whenever you see me ? " He said something tantamount to saying that he would not be insulted when be waa in the execution of his duty . I do not know what James ' s business was in tbe house that night ; I only heard after that be was inquiring for some man . I did not hear the name of Broughton
mentioned at all . I afterwards went with Clougb , at hli request , before the Watob . Committee . It was the Friday following or Priday week following ; I won't be certain as to tho day . Our object in going waa to lay the conduct of Mr . James before the Committee . Mr . James was there . I think I was in the room when Clough was examined . The Town Clerk , Mr . Eddison , was there . James said that Clough had insulted him many a time , and he could not pass quietly on the street . He said that Clough had spit in his face that night . Clough did say that he had spit in the direction of Mr . James , but not at him . The Watch Committee dismissed the charge .
Cross-examined—The Watch Committee asked if he would waive the legal proceedings tbat he had commenced if they would interfere ; and he said " No . " They accordingly refused to interfere in it . I have been a pawnbroker ten or eleven years in tie same place . I knew James about a year or two before he got into the police : he was a plasterer , and kept a cook-sbop . I did not kuow him in any other occupation . William Wilkinson—I am a gunmaker at Leeds . I was at the Union public-house on this night . I waa in
the bar when jMr . James came in . Mr . James went into tbe snug , and was not there above two minutes . Whenhe came out he said to Gtough , " I will put you where I can find you . " He went out and brought in two of tha police . He then said , " Take this man to the toek-up , and tell Ingham that I allow no bail whoever eomea . " The policemen took Clough away ; he was sober . Mr . James gave no charge to the policemen , and did not say why he took him away . I heard nothing said about any spitting till two or three weeks after . I did not see James use bis pocket
faandkerchiet ....,., CfOBs-examuieu—I saw Jmnea speak to the landlady when he went in , but I did not heaj the nam * of Broughton mentioned . John Swift—I am a dye » at Leedi . I was at the Union inA on the last day of last year , about half-past ten . > I remember James , tbe Btrperintendent of tbe ffatcb , coming into the bar and speaking to Mm . Sadler . Jamea went into the snagrafld came out , and went out aod brought in two policemen , and he gave Mr . Clougb in charge to the policemen , to take Mm to tbe gaol , and to tell Ingham that no bail waa to be taken . I heard no complaint from Mr . James about apiittog or spitting . I did not see him wipe fcis face . He did not toll tho policemer what they were to take tbe man away tor . He seemed to be rather in a j passion .
Untitled Article
Croas-examined-J-I did not hear any name mentioned when James was speaking to Mrs . Sadler . I bad never seen Mr . Clough before that night . George Beaumont—1 am a tailor and draper at Leeds . I have known dough , the plaintiff , better than three years . Inconsequence of a communication to me on the night of the 31 st December last , I went to tbe lock-up-house in Park Row . I offered to become bail tot Mr . Clougb . I offered a sum of money . Cross-examined—When I first knew Mr . Clough he was living at the ! Grove Inn ; I believe his landlord was Mr . Singleton : ; bat will not be positive . I don't know that be lost ] bis license . I can't say whether or
not be waa obliged to leave . I have heard Mm say that tbe police tormented him , by going Into his house when he had company , and annoying Ms company . I suppose the police } went to see what sort of company he bad . I don't know that since he left the house Clough has been brought'before tbe magistrates for insulting the police . I have hoard say that he was fined once . He waa gving on the street on Sunday night , and the police were doing something at a boy . He said it was a shame he should ] do so , and the policeman threatened to take Mm , and be said he would go along with Mm . I don't positively know that he was fined . I was not with Mm before the magistrates .
Thomas Weare—I am a wood turner at Leeds .. On the night of thejlast day of the year , I was taken into custody for assaulting a person in the street . When I was taken to the police office , Mrs . Clough and Mr . Beaumont were there . I heard them offisr bail ; it was refused ; Ijwas put down stairs into the prison . Mr . Clough was there , and a man named Broughton . That was about half-past eleven . We all three staid in that place till the ! morning . They did not furnish us with a bed ; we had nothing to lie upon but the forms . About nine o ' clock in the morning , we were turned out into the yard . There were fifteen or sixteen persons : some of them were under sentence of transportation . I think there were not any respectable people there . Mr . Clough was kept till between one and two o ' clock on Sunday . Cross-examined—I hid not bear what passed before the magistrates . \
Mr . KNOWLESjthen addiessed tbe Jury for the defendant , and said ] that be should show them that tbe plaintiff spit at Mr . James , that his mouth was full of liquor , and tbat be spirted it at him . He should also show tbat when he was before tbe magistrate he was charged with spitting at the defendant , and In his o * &n defence Clougb said he did spit in the direction-of Mr . James , but not atjhim . At this time Clough apologised for the offence he had given , and promised never to repeat it . Tho defendant withdrew the charge in consequence of that ] apology . Therefore , if the Jury believed that what took place before the magistrate was Sntendeed to 'j put an end to the whole affair , then the defendant on that ground was entitled to thtir verdict He also noticed the fact , that the . Watch Committee of the Leeds Council had dismissed the case on a charge being made by Mr . Clough .
Christopher Harland—I live at Leeds , I was at Mr . Sadler's public-house on the last day of last year . I had been up stairs , and was comiug down when 1 heard a row between Mi . Clough and Mr . James . I heard M > . Clougb ! call Mr . James a bully and and a bawdy ' bouse keeper : and Mr . James said he was upon his b usihess ; and if he insulted him in that manner he would take him to tbe Iocfe-up . I heard him say tbat he would not allow him no bail whatever . I heard James talking to Mrs . Sadler , but I did not hear what he said . He wasj inquiring for some person or other . I heard Mr . James say that Mr . Clough bad spit , in bis face , but I never saw any such thing . He said that when theyj were taking Clough away to the lock-up . ¦
Cross-examined—Mr . j James did not seem much out of temper . I was asked to become a witness on Sunday week . I had spoken to one of the police about it ; and Mrs . James sent for me to go see Mr . North , a clerk to Mr . Eddison . J am a joiner : I have been separated from my wife these five years ; I saw her this afternoon . I have served as a javelin-man ( witness produced bis recommendation . ) The Judge—He has goi bis commission as a javelinman—( Laughter . )' Joseph Robert Atkinson , Esq . was called and examined on the voirdire . He said that he occupied rateable property in Leeds , but be did not know that tbe expeucea of defending this action were to be paid out of the Borough Fund . The Judge said that the objection to the witness on account of bis being a ratepayer was cured by a recent act I The witness was then sworn and examined . —I am a
magistrate of tbe Borough of Leeds . I remember on Sunday , the 1 st ; day of the present year , Mr . James bringing a person of the name of Clough before me . I happened to be at the Court House on tbat day . James made a charge against him . What he said was not taken down in writing . He charged Mr . Clough with having , under the excitement of liquor , used violent language and Spit at him ; which he called an assault James did not say what he was doing when Clough did this . Cloush said he was not spirting at him , but
spitting towards him , ' and he did not intend to spit at him He said he was ! spitting at a man of the name of Richardson , I think . I am clear upon it . James replied tbat be could not be spitting at any one else but him , and that from tbe language he used be intended to insult him . Clongh said he was very sorry , and be hoped Mr . James would overlook it ; that it should noc occur again . James replied " I only want him to conduct himself qnietly towards me . " Clough promised that he would do ao in future ; and then James said he would not press the case any further , and it was dismissed .
Cross-examined—I understood Cleugh to say tbat he would not do bo in future . I don't think he said that he was very sorry , that Mr . James took it as an offence , and he would not do it again . He said he was not spitting at , but towards him . Mr Edward Read—I am tbe Chief Constable of Leeds Mr . Jjmes is the ] Superintendent , and next in rank to me . We are appointed by the Watch Committee under the Municipal Act I remember on the 31 st of December last ; giving James a warrant to execute ngainat a man named Broughton . The warrant produced is the same . The warrant was read . It Teas signed by Richard Bramley , Esq ., anil was to apprehend Thomas Broughton for breakibc windows . i
Cross-examined 4-1 was present at the bearing of James ' s complaint against Clough . Tbe expression that Clough used when James said he had been spictine at him , was . as nearly as I can recollect , that he would take care it should not occur again . Mr . E twin Eddison—I am tho Town Clerk ef Leeds . I occasiunally attend the meeting of the Watch Committee . I was there on the 6 th of January , and recollect seeing Clough there . Clough charged James with having brought him to prison without sufficient cause , and refusing to take bail . Mr . James said that he bad assulted him in the execution of his duty and spit at him . Clough said he did not spit at him , but he Spit towards him or in that direction , I won't ba certain as to the words . He said he was spitting to wards a man named Richardson . The charge was dismissed . As Town-Clerk , I know that James wu appointed Superintendent un-. ' or the Municipal Act ..
Cross-examined- —I told the Watch Committee that if they were to enter into the charge tbey must have a distinct understanding from Clough that he would proceed no further in tbe proceedings be bad commenced before they gave their decision . He refused . Mr . Wilkins said that he had once read a passage in an old play— " flourish of trumpets ; enter Tom Thumb "—and be [ really thought tbat this was applicable to the conduct of his Learned Friend , when he had talked of the irreproachable and spotless conduct of . clients , the man i who had gained the applause and eBteem of the public , far and wide . He had no doubt that Mr . James bad been a very vigilant , active , mafritorious , and in some respects a very useful officer ; and he was not at all surprised that his Learned Friend should vaunt his proceedings in the Borough of Leeds ; but he had shewn that this Defendant , with all his knowledge and experience , had acted ia a manner which would be a disgrace to the lowest police-officer
In Leeds . On the , other hand bis Learned Friend had asked them to believe tbat Mr . James bad been made the object of one of the most outrageous attacks that ever was witnessed , and that bad rendered his conduct venial ; but it would be for the Jury to judge upon the facts of the case as they had been laid before them ; and after having done so be bad no doubt that their verdict would be in favour of his client , the plaintiff If Mr . James had been acquainted with the provisions of the New Leeds Improvement Act , he would have known that under the 330 th section of that Act be had his remedy against the plaintiff by summons , when he might have been fined to the extent of £ 40 . But his friend had said that shaking Ms fist was an assault Why then Mr . James , had committed an assault , because it was proved that he bad not only used tbe words which he would not repeat , but had held up his clenched fist to Mr . Clougb . He contended that none of the 'witnesses tot tbe defence had contradicted those which he had called for the plaintiff .
Mr . Baron Parke summed up the case . He said there was no doubt that the plaintiff was takes away by the order of the defendant , in custody of two policemen , and imprisoned in the lock-up through the whole of the night and part of the next day ; and therefore he was entitled to such a fair compensation as they should think fit for the loss of bis liberty , unless they should be of opinion that a satisfactory defence was made out Every constable afecommon law , as well aa under this act of Parliament , jwas perfectly justified in taking up and earring before ] a magistrate any person whom he sees committing a ibreach of the peace ; and if he waB tbe person against whom the assault was committed , he
might take the party into custody Mmself , because in tbat case a ] constable was the same as a third person . The first question that he should ask them to decide was whether there had been an assault committed before | the apprehension ot the plaintiff ; and upon that question he might observe tbat U they were . Bstiafied tbat there had bean a spitting against the plaintiff that would amount to a breach of the peace . The second question w : ould be whether the defendant believed at the time he was acting under the authority of the Municipal Act ; because , if so , he was entitled to certain notice of action , wMch would afford time to make accord and satisfaction before the action commenced . !
The Jury retired ] about three quarters of an hour , and on their return said , in answer to the flrsfc question , tbat they found for the plaintiff .
Untitled Article
With respect to the second question , more difficulty arose , and the Judge explained it at considerable length ; but still the Jury did not seem to comprehend its real bearing . ^ After some consultation , the Foreman said—We believe that he was acting under excited feelings and in the belief that he would be supported , and have the man fined ; bnt we are unable to say under whatact The Judge—I am afraid you must say . There are so many points iri this case that I don't wonder at your difficulty . ! ' ; The Juryman said , after a pause , we believe that he was acting under the impulse of excitement , and vin dictively . The Judge read over tbe evidence on tbat point The Jury , after a further consultation , said—We believe that he acted witti great impropriety , but tbat he considered that be was acting under the authority of the Municipal Act , Then the Plaintiff must be Non-suited , as he has not given the notice of action required by that act . The Plaintiff was Non-suited accordingly .
Mondat March 20 . ( Before Mr . Baron Parke . ) Felix Booth , 36 , was charged with having , on the 15 th of December last , at Hull , feloniously written and sent a certain letter to Sir Felix Booth , Barb , threatening to accuse Mm of an infamous crime , with intent to extort money . The Hon . J . S . Wortley , and Mr . Wiikins were for the prosecution ; and Mr . Bliss defended , the prisoner . Mr . Wortley stated the case , observing that it was one of a most serious and painful nature ; serious in ita character , and painful from the connexion between the prisoner and the prosecutor . The case which he had to bring before the jury , was that the prisoner bad
addtessed . to Sir Felix Booth , his relation , a letter in which he charges and accuses Sir Felix Booth of the most filthy , and the most abominable crime which waa known to tbe English law , and that he addressed that letter and used that threat and that accusation for the purpose of extorting from Sir Felix Booth , money for bis own purposes . By an act passed in the 7 ih and 8 th of George IV ., that offence was made a felony , and if a party be convicted of it he must undergo the punishment Which all would feel was well deserved and most due for such an offence . The prosecutor was a gentleman whose name might be well knows to some of tho jury ; he was a gentleman advanced in life , who up to this time had liv « d respected and honoured by all who have known him . He had served the office of Sheriff
of London in 1838-9 , by tbe election of- bis fellow citizens ; has ranked in high society , and has been honoured by persons of high distinction , and has won for himself a name as a distinguished friend of science , having been in fact the individual who furnished the monies for the expedition to the North Pole , which resulted in the discoveries of Capt Ross , and to the giving of his name to newly discovered land . Sir Felix is also a distiller , being one of those persons wha have raised themselves to high stations in society by their own exertions . He had a distillery in London , and one in Scotland . He also bad a large brewing concern in London . The prisoner was a relation of Sir Felix Booth—he believed a cousin . His father kept a grocer ' s . shop at Caistor , in Lincolnshire , and at
the time of the prisoner ' s birth , application was made to Sir Felix to honour the father by becoming the prisoner ' s god-father . In an unhappy moment Sir Felix consented to do that , and accordingly the prisoner at the bar was na . med after him . For some reason or other the prisoner was living away from home , and not under his father's roof . He had contracted a marriage , be knew not and cared not iu what class of life . In the year 1835 he applied to Sir Felix Booth to give him some employment , representing himself at the time to be in a state of abject distress . He waa in the metropolitan police , and expressed great anxiety to leave it and get some employment from Sir Felix . After some time Sir Felix consented to give him employment in one of tbe distilleries with which be was
connected ; and a partner of Sir Felix , Mr . Grimble , undertook to give the prisoner employment , and to let him have such wages and such allowances as he ( Mr ; Grimble ) thought proper . According to the instructions given to him by Sir Felix , Mr . Grimble provided for the prisoner , gave him employment , and found lodgings and accommodation for him and his wife . He was provided for a length of time , but afterwards the prisoner ' s conduct had become so bad , being addicted to intemperance , that he was discharged . Subsequently the prisoner again threw himself on the mercy of Sir Felix Booth , and entreated him to give him another trial , and to put him in a situation where the temptation would not be so great as at tbe distillery . Accordingly , Sir Felix Booth did consent to place him in a
farm house which he had purchased , at a place called Cat worth , in Huntingdonshire . A person named Sadler had the management of this farm , and there was a house there at which Sir F . Booth occasionally resided when he had occasion to be in that part of the * country . The arrangement as to the prisoner ' s going to this farm was this—that he should live rent free , have board and lodgings , and the profits of the poultry , amounting to between £ 40 and £ 50 a year . The only thing , he was to do for thia was to write a statement weekly of the work done upon ihe farm . He and bis wife lived on the farm from 1835 up to the spring ot 1830 , and during that time be , from time to time , wrote letters expressing the deepest gratitude to Sir Felix for his kindness . In the early part of the
year 1839 , tbe prisoner bad got into some disputes with the neighbouring farmers , and others at Catworth , which led to some correspondence between them and Sir Felix Booth , in the course of which Sir Felix found great fault with the prisoner , and the result was that the prisoner and his family had to leave Catworth . Afterwards letters passed to Sir FeUx from tbe prisoner , who entreated Sir Felix to give him something els © to do , and in these letters there was' not the slightest insinuation of the crime to which he ( the Learned Counsel ) should have to call their attention . The prisoner went up to London and applied personally to Sir Felix for some employment , and Sir Felix aotu * ally advanced to him somewhere between £ 200 and £ 300 for the , purpose of purchasing for him a stock
of groceries , with which ha set him np in a shop in Chorlton-street , Somers Town . He went to that shop , and shortly after applied to Sir Felix Booth for a further advance . Sir Felix then . refused to give him further assistance unless be would make eut for him a statement of his accounts to show that he bad been acting properly . The prisoner then made out a statement of * aecounta , and after a perusal of that statement , Sit Felix advanced him £ 105 . The prisoner carried on business , and applications were made from time to time of the most pressing character fot further pecuniary assistance . But still no hint was given by the prisoner of the accusation which he afterwards made against Sir Felix . On May 15 th , in the ensuing year , the first letter atiived which had the smallest allusion
to that topic , and that was after the application for pecuniary assistance had been made by the prisoner to Sir Felix Booth . But even in that letter , although it contained some dark insinuations against Sir Falls , it was not until later tbat the letter arrived on which this prosecution was founded . This letter was received on the 23 rd of December last , at the house of Sir Felix Booth in London . Before he read that letter , he would tell the jury that they would find in that letter mention of a person ef the name of Marr . Sir Felix was extensively engaged in business , and this young man ( Man ) was a person whom he employed as a confidential clerk . That young man had very early in life left his parents , who . resided at Edinburgh . He had run away from home , and had enlisted in " T&e Yortaaire Greys . " Sir Felix Booth had a very , high respect for the mother of Man , and paid for his discharge out of the regiment , and employed him in--the capacity to which he had referred . That fact was known by the
prisoner , and it no doubt was the fact of Sir Felix Booth ' s kindness to this young man , of whom the prisoner had entertained a strong feeling of dislike , which had suggested the infamous accusation which he afterwards mode against Sir Felix , On the 23 rd of Deo ., Sir Felix Booth received a letter dated " Hull , 15 » h December , 1842 . " This letter charged that Sir Felix Booth had been guilty of an unnatural crime with the young man , Marr , and pressing for payment for alleged services of the prisoner and his wife at the farm The letter also stated that the prisoner had written to the Commissioners of Police , the Secretary of State , Sir R . Peel , and oth « f influential persons upon the subject , and that he would continue to do ao until one or the other was taken up . The letter dealt in accusations which were entirely groundless , and upon the mere incentives of his own bad passions . Taa prisoner had admitted in former letters that he had no claim for wages or services upon Sir Felix .
Sir Felix Booth was examined at great length in support of the opening of the learned Counsel . In hia cross-examination he stated that the prisoner bad shown him a book , which the prisoner said would expose Sir F = lix , and which he said he would publish unless he ( Sir Felix ) purchased it , and then it would be destroyed . In his re-examination he stated that be bad reason to believe the young man , Marr , was his own son . Other witnesses were called in support of tbe prosecution , and tho prisoner was found Guilty—Sentence deferred . The Court then broke up .
Untitled Article
Melrose .-Fatal AcciDENT .-On Saturday se * nnighfc the miller of Newtown Mill , near Melrose , baving observed the supply of water in tbe dam suddenly diminish , went to a large and nnolofled pond , situate by the road side , where the-sluice is placed , to ascertain the cause . For this purpose be thrust in a dung-fork when to his astonishment and horror , he drew np the body of a little girl , the daughter of ft person named Jane Mein , who resides in the Tillage *
Another girl , the daughter of Adam Thompson labourer , being missing , the motker , on hearing of the occurrence , came to the spot and expressed her apprehension that her child had shared the same fate . Unfortunately her fears were too well founded , fot tbe next moment tho lifeless body of her offspring was dragged to tbe side . The two little girls , who were inseparable oompanioiw , had , while playing together , fallen unobserved into the pond , which'W of considerable dep&b , and wera drowned . —Calede ' donian Afcrcury .
Untitled Article
f > THE NORTHERN STAB .
-
-
Citation
-
Northern Star (1837-1852), March 25, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct474/page/6/
-