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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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¦ 7 OBXSHXBS sviaara assizes , CROWN COUBT , Sa . tcsd . it , March IS . ( Before Mr . Baron Rolfe . J RAPE AT HOLMFIKTH . IFm Kewworihy , 25 , -was ebarged with having , on tbe 3 vth of August last , committed » rape on Mary Ann Mate . Mr . BaI . nes and Mr . Pashlet were for the prose-« jctiun ; the prisoner was undefended . The protecutrix is fifteen jeers of age , tad her parent- rtside at Holmfirth , in the pariah of Kirxbnrton . The prls > aer Is & marritd man , and was liTing at no great dittince from Mate ' s bonae . On the 30 th of An-ro ^ t t he girl was at prisoner ' s bouse , whilst the prisu -ir , his wife , and three children were there . In ibe evening she again went to the house whilst the prisoner iras alone , and then the offence was coniiBitfd . The Jary found the prisoner Guilty . To * e transported beyond the seas for the term of his r-aiural life .
BAPB XEAS BRADFORD . Jr' -Tt CvLpon , 20 , was charged with having , on the 17 Ui Urccmber last , at Manningh&m , near Bradford , combined a rape on Elisabeth Bell—>* ot Guilty .
MISDEMEASOE . Jvsc-ph Harper was charged with a misdemeanor , in stttn ^ ang , on the 25 th of Feb ., at Aske , near Rich-Ecrri . to commit an unnatural crime . —Not Guilty . 2 Ijr $ Hollon , who had pleaded guilty to concealing tbe £ .-i .-th < . f her ajegitiraste cHiltl a : Kcaresbro ' ., Wm then ' -- -usLt up . T > . ~ Ji-oaE informed her fiat she might , if she liked , w 5 * . bcr : vr herp ' iea , as , in his opinion , what she had dont Us no offence at alL Tar v := oner then pleaded Not Guilty , and the Jury , nniier "Le direction of his Lordship , acquitted the jniicr . - T . John Alderson was charged with assaulting Harriet Caf-. : r . Yurk Castle , with intent to commit " * rape . The Jury ^ r . ia :: ted the prisoner .
HISDEMEA ^ Oi . Ji imtr Brook was charged with a misdemeanor in ha-rr . ^ ¦ .- ~ Hilted Ch-vrlotte Allen , an idiot . Mr . i' . AiNESandldr . Oteeem ) were for the prose-6 Bt :.. r . . Mr . WiLKl . vs defended the prisoner . Thv pr . ! secntrlx is eleTen years of age . There we ' re sevtrsi -11013181311086 tending to fix the guilt upon the ,: rj-ouer . The girl was placed in ? he witnessbox ¦* .. n « ed by tha matron and nurse of the "VVakefiel < -. ; -.: r . it : c asylum , but was unable to giTe any _ evid . eD-->! r . -V l l K-lss addressed the J'cry in an e \ cqTjent and po ^ -r : " . ! j m-nn-r ^^ r which T-.: L . insed Judge summed up , aud the Jury retiiv .. Afttr a consultation of three quarters of an hour th-- . > ¦ found the prisoner Gailty . To be imprisoned two - -s
Ti- < f « nd Jury came into Court with grreral bills , wbe :- , ti-rir duties being finished , his Lordship dischin . <¦' . ' ¦ hem with the thanks of the conttry for their itLcuCiTux .
ASIACLT . Bt ¦ ¦ -: rni * Wright was charged with an assault on fcrr .- o . wzon , with intent to commit a rape . y » . i . \ iNLS was for the prosecution , and Mr . Bliss for * ¦; . A- fence . 1 :..- : osscutrix is about eighteen jears of age , who liv e * ' ¦ '• ¦ ¦ -h her father at Yeadon , about eight miles from ieeiU Tte prisoner is a stonemason , and a married man- =. - . i resided at Borsfortli . On Saturday , tbe 15 th of d- ^ - ist , between seven and eight o ' clock in tbe norr --. the prosecutrix left her father ' s houss to go to Carl ' .- '" - . ^ viliaga about a mile off , for tome miiS . After she hi " : breu at Carlton , Ejad was returning through Stac > . ?" :-M , a 2 ong a bridle road , having a hedee on one side 5-u ! . hushes on the oxher , she saw the prisoner coucLci ui ' . n the ground . When she had" got a short distsw uist him , he fallowed her , and , with some Tioicui--. committed the crime impated to him . Witness-. = ¦ • , -re called to proTe an alibi . Gaiky—To be imtii ^» :. ~ d one year .
Magistrates * room . —sahted-it march 13 . ( Before R . Armstrong , Esq ., Q . C . ) Gf- - * Johnxai , 57 , pleaded guilty to baTing , on the 16 th vf November , stolen three heifers , belonging- to G- ^ or ^ - cr ^ -srsnaw . To toe imprisoned and kept to bard , . yur , in WakeSeM House af Correction , for one year . Jvh .: Hx > k . 23 , was charged with haring . on the 31 st f At ?! - . L * st , stolen two heifers , tbe property of Ch 2 . r .- < Hormhton- Sir GSEGORT Levti > - -vms iox the pri «^ i . ' . The prisoner was employed to drire the j heif- — - I--0 S 1 Rotherbam Fair to the R ^ d H"U « e , near :
I > or ; cao - .-7 . On his way tbithtr be stoj ped at the Xtw : Inn , 3 -ruTuugh , and th * rre he offered the bfeifeis for i sale ' ¦ Mr Hopkiuson , fer £ & , which lie agrttd to ; giTe . 3 az ^ ujpicion being excited , he was t&k-ca iiito cust ¦ - ¦' . - ; : sn i " ^ hen btfore Sir F . Wood , the ruajfis- ; trat- , iv-iJe a confession . GaiHy . To be imprisoned an l k i . " . to banl labour , in WikeScld House or Correc-Uen . ¦ r < - -ne year . J ( , ' : ¦ : F : rrJ . iU , 3 S , w& 3 charged wish barin ? , on the 3 rd i <» i .-- ? ber , at Bamoldswijk , burglariuu ^ ly broken and < -= : re ' , the warehons * » f Jam&s Green , and stultn ther' : " ' nine coit-on warps , cne cotton picCi , and eieT = T ,-- > u « -= fIin-d 6-Iaiiie pieces , hi * property .
Mr . *! ATTHE'W 3 stated the ti 3 e fur the prosecution . " Tie ' . " :-j ; n r was indicted for hiring bruk-n into » cd enter- . • tie warebonse of tbe prosecutor , who -is a inar . u ' ¦ •• - iur ^ -r at Park Close , BarnoldBWiek , on tbe 22 rd of OciAr . In conseqst-nce of information receiTed by tiie \ 't- -router , he went to bis warehcuie on tbe morning o £ u-e 24 th , and found the window had bren broken open . ^ 3-5 sa entrante had been effected . On fnrthtr exanji :: ion , it was found that tbe goods mentioned in the ii .-l ^ tnient had been stolen . Some suspicion arose , in mi- qotjscs of wLieb Mr . J--soph Barrett , con « able of C' i , went , on the 30 th of October , to tbe house of the p ~ := cr ; nnd there , beneath the fli ; s in the fljor , ttity : ' . r ; il theidrntical pieces which Wvre missing . Gu : l ' . y . T o be imprisoned and kept to hard labour for one j- ; -r .
HIGHWAY XOBBEKT . Jc-y i > h Pi-I inland Joseph Sharps were charged with h 3 vi ; . 2 . , n the 7 th March , feloniously awaulted James "Wov > .. -n tbu road from Bradford to Hulif .-vr , ind Tob > r : I /;; : ; of Ts . 6 d . p . .- ' -r . e tefercr , a Trornan nameri Mary Lariin was ealle--.. ^ no s » ore that Piiling was at ber touse after the i "¦ ' = ' ¦? was coannitted . Afi • • • . •¦! : suliinf togetaer about half an hour , the Jury -1 - -irz-ra a TerdicJ of Not Gailty . STAB 215 G AT CHAPEL ALLERTO ^ . Jc--j . ) Io " ey . 30 , pleaded guilty to stabbing and eat : i :.. J - -hua >' aylor , at Chapel Allerton , in tbe Bon . _ . ¦/ . Leeis . He was sentenced u > be ' imprisoned and I . -11 j hard labour six calendar mostbs .
H 0 KSE STEALI 5 G . Cy . r ^ : upher Hall , 27 , was charged witb baring , on Hie 1 ' ' ^ February , stolen a bl&ck marc , the property of Mr- J-j » = ph GroTes , of Aberford . Gu ; i : 7- —Xo be kept to bard labour one year .
HOUSE BEEAEIXG . W- t * Hoison , 23 , was cbargtd with harinf , oe the 2 T ::: -: Member , stolen £ 95 in Bank of England note * -nd > even soTereigns , from tbe dweHing-house oi the h . - . r G-orge Butham , of Emswell , in the parish oJ
Dr . Evi-. -.. Gzur .- - two v- _ rs . G jL r — two y- _ rs .
To be imprisoned and ke ? t to bard labour f o . HORSE STEALING . Joh' - Brttcx , S « , was charged with baTing , oa thi 16 th Dssriubfcr , stolen a dark brown mare , lbs pro perry : " Juiin Trippit , of Tankersley . G u -Itj—Sentence deferred . STEALI > G CATTLE . JU . " Pibtu was chargeil with hiring stolen' ai heiffct . the property of William Wardie , of Middlts borct _ i :. in tbe Sorth Riding . Gu •">•—To be imprisoned and kept to hard labou : for kli . liiisndai months .
IHUWN COURT , Mokdat , Masch 15 . ( Before Baron Rolfe . ) STABBING AT ROTHEBHAlt . AUfoiier Martonoid , 18 , was ch&rzed witi haricg -on ti = iei of Fetmiary , at Sotherhtiu , ffclonioaaii stabVd . cus , and wounded James Riky , with intent t < do him fuine grieTous bodily harm , Mr- V . ' getlet and Mr . Pashley were far tbe pro ¦ ecudui . ; the prisoner was undefended . It appeared from the efidence th& ' . tbe prosecutor i a Isb ^ u- ea \ and lodged with the prisoner , at tbe nous of a p-rs _ . n named Benjamin GreaTes . On the nigh of tfcfc i s : of February , he went to bt > d between eigh and nice o ' clock , in the same room as tbe prosecute slept . s . nd the latter wag in bed at tbe time . Prose oetor hi * rd a-disturbance down stairs , oa whick th
pri * or . ? r jumped out of bed , and said ' you b— r 111 suon settle you . " Prosecutor said to him , " stop Alexun'ier , my lad , iti easy to get into trouble , bu hard u » got out of it . " ' Prisoner bounced out , sayini " d n my eyes , but ni be in quod bef jre morning . Henr :.. ua ? ed for a stick , and the prwecutcr shouted on " « cae iln . here ' s this blackguard getting a Stick may t * to kill fiomebody with . " Ba also remoTod th > flie-iK . iiS behind a box . Shortly afterwards , the pri ¦ oner itruck him ia the face , he returned the blow and seTrral blowa p&swd between them . Mus th < fight , Ae prosecutor went towards the bed , and m stoop : ijf down , the prisoner rushed upon him , anc stabbe-i him in tbe left side . The wound was fiv iaehea in K-ngth , aad & part of his bowels protruded He w ^> in immisent danger for tweniy-fuur hours , an " was in yreat danger for a week .
When ea ] l « 4 upon for bt $ defence , the prisoner t \ he w » s in liquor at the time , and he hoped they won haTe mtrcy upon him , as be had an aged mother keep . Tbe Jury found him Guilty , and he was « entena to be transported for fifteen year * .
HAKSLACGHTEB AT SHEFFIELD . Jtmes Davsoa , 29 , was charged with the man ¦ laogbuT of Felix Ghalaby , at Sheffitld ; and Job Morion , 25 , and J 5 T « - Bark , 26 , -irerc clikrged witl aiiii ^ and jkbtttiBg in the comini »* ion of the o
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Mr . Wobtlbt and Mr . 0 te * B 5 D were for tbe prosecation ; the prisoners wen defended by Mr . HbaTOK . The deceased was an Irishman , and worked with the prisoner as a tin-plate worker in the Nag ' s Head Yard , Sheffield , On the 36 th August last , the workmen , amongst whom were the prisoner and deceased , went into the N ag 's Head public-house , where quarrel arose . A fight ww proposed , and Dawson and the deceased went into a field at Hyde Park for that purpo » e » Morton and Bark acted as seconds , and thirty re and * were toagbt One of the blows naier the left e&x knocked tbe deceased down , and he m then found so severely injured , that it was deerii * necessary to remoT » him to tbe infirmary . His death took place about tweWe o ' clock tbe same night , and arose from a rupture of the blood Teasels in the brain , caused by extreme -violence .
Mr . HEAT 05 argued that it could not be considered manslaughter , inasmuch as the parties rolunt&rily agreed to fight The Learned Judge said if two men fought in « old blood , and one killed the other , the offence was not merely manslaughter , bmt murder ; but in this case he believed the fight arose in a state of heat and excitement The Jury found the prisoner guilty , and the Judge sa i d , as they had been already is prison seTeral months , he thought tbe punishment tbey had already received sufficient The sentence of the Court , therefore , was , that they should pay a fine to the Qu&en of Is ., and then be discharged .
MANSLAUGHTER NEAB HULL . Alexander Wriglit , 55 , au ; r f John fTright , 21 , were indicted for killing and slaying Win . Cro * die , at the parish or Mapleton , in the East Ridine . Mr . Aechbold and Mr . Raines conducted the prosecution ; thp prisoners were undefended . The prisoners are travelling sweeps . In December last , they had two boys with , them , one named Fearnley . and the other tbe deceased , who was eleven years of age . His parents were not known , and the prisoners met with him and engaged him at Hull Bridge . The case against the prisoners was almost entirely supported by the evidence of the boy Feurnley , who stated that , on several days , tbe younger prisoner beat the unfortunate deceased with a stick over tbe heid and
different parts « f the body . On the day of his death he waj sent up a chimney at Homs * a Burton , and there he became fatt On being taken down he soon afterwards expired . A surgeon , Mr . Kirk , of Hedun , was sent for , and on coming he found the deceased in a very emaciated condition . There were no appearances of external violence , with the exception of some small scars on the shoulder , and other puts of his body . On examining the lungs they were found in a highly inflamed state , and it was the opinion of the surgeon tbat the bey had died from ir . iLuniuation . There was adhesion in the right lung , which indicated a furiutr attack of inflammation . Exposure te the cold might have produced the inflammation he witnessed , and there were n-j marks of blows to account for it
T be L e arned Judge , in summing up , intimated that there was no case against Alexander Wright , a nd that with respect to John there was not sufficient evidtnoe to provs that the blows and ill-treatment were the immediate cause of death . The Jury might , however , find him guilty of an assault . The Jury accordingly atfoitted Alexander Wright , and found John Wright Guilty . His Lardsbip then observed on tbe prisoner ' s bruta l and heartless conduct to the poor unoffending boy , and sentenced him to twelve months imprisonment .
AT SHEFFIELD . George Reaney , 35 , was indicted for the manslaughter of George Belk , at Sheffield . Mr . Wortlet and Mr . Overend were for the prosecution ; Sir G . Lewin defended the prisoner . Th-.-prisoner resided in Thomas-street , and en the numing of Sunday , the 24 th of January list , about ten o ' clock , a great noise was heard by the neighbours to proceed from tbe prisoner ' s hoase . No notice was then taken of it , but some time afterwards ft policeman , in passing the prisoner ' s door , found the riectased laid in tbe street quite dead . On inqniry , it was ascertained that about one o ' clock that morning the prisoner bad gone home in liquor . On going into the house , he heard a
noise , one of the voices being tkat of his wire acd that of a man—the former saying , " Give over—my husband will be coming . " The priaoner burst into tb ^ Toom , which was quite dwk , seized the man , whom be did not then know , fey the throat , and a desptratc straggle ensued , in which Belk died . Tbe prisoner afterwards cave himself into custody , and said he was very sorry , for he only intended-to give the man a good thrashing . On the aargeon being called , he said he was of opinion that Belts death bvl been ciuKd by external violence , but he would not say that it might not have been caused by deceased ' s own efforts to rescue himself from the prisoner in the scuffle ; he also stated the tle . eased labourtd under a disease of the heart , previous to this time .
Sir G . Levfix , m addressing the Jury , urged thst the Jury , on this evidence , could not tati&faetorily come to the conclusion that his death had been caused by tbe prisoner ; and under tbe circumstances , he hoped tbey would give a merciful consideration to tUe case . The Learned Judge * iid tbere was certainly a douM on the surgeon ' s evidence , and , without summing up , left the case in the han'is of the Jury , who almost , immediately returned a Vtrdict of Xo ; Guilty .
MA ^ SLAUGU TEK HEEDEN BRIDGE . Patrick Boyle , 20 , was charged with the mmslaughter of John Conolly . Mr . Bai > 'es and Mr . Wilkins werefor the prosecution ; the prisoner was defended by Sir G . Lewis . The parties were Irishmen , and were employed , wi t h a number of others , on the Leeds and Manchester Railway , at Hebden Bridge , On Snmlay , the 19 th 1 uly , a party of them ( amongst whom were tbe prisoner and Conolly ) were at the Ball public-house , where they drank a good deal of ale . A quarrel took pla . ee , acd the deceased having become obnoxious to thfc others , he w » s knotked down , and there was a general cry of " Kill him , kill him ! " The prisoner got upon a table , and fell upon Conolly with his knees . He then got up and " poised" him two or three times over the chest , and once in tbe side . Conolly walked home , a distance of one hundred yards , and expired in fiye minutes .
In defence , the prisoner called two of his eompamor B . who ewore that he was not the man who attac&ed Conolly , sad that Conolly was not attacked at all wLUsl they were in tbe bouse . The Jury fount ! tbe prisoner Guilty . The Lsirned Judge said his offence was aggravated by tbe defence he had set ap , and sentenced him to Twelve months' imprisonment . The Court rose at half-pa&t seven .
t MAGISTRATES' ROOM , Monday , Maech 15 | ( Befttre R . Armstrong , Esq ., Q . C . ) \ HOCSEBREAKING . ! Matthew Terry and Joseph Fieldhovgh were charged 1 with having , on the Sth of March , broken and entered I the dwelling-house of Richard Oddy , at long , in tbe j parish of Birstall . i Mr . Ashhoee was for the prosecution : the pri-! goners were defended by Sir G . Lewi 5 .
; Tbe case depended entirely upon circumstantial evidencs . It appeared , from the evidence , that tbe prcsecutor , who is a clothier at Tong , fastened up bis honse on Saturday night about twelve o ' clock . About three o ' clock in the morning he was awoke by a npise , I and on getting up he saw a man . The man ran away , ! and tbe prosecutor pursued him for a distance cf fifty ¦ yards . Daring the chase the man dropped his hat He I was not able to capture him ; but on his rttum he ! picked up the bat He called up his brother , and tbey } found the window had been broken open , but nothing i was missing- On going out they saw Fieldhough against a hay-stack in an adjoining field . They were I also both seen together at a public-house not far from the premises , about three o ' clock . The hat picked up was clearly identified as belonging to Terry .
The Jury found Terry Guilty , and Fieldhough I * ot Guilty . Terry was sentenced to six months' imprisonment , j &nd hard labour . I -D &T ^ 4 * 9 m ¥ 9 V 4- * « V * « T
* * ^ EMBEZZLEMENT . ( Richard Speight was charged with having , at Selby , feloniously embeaaled £ 1 5 s . » d ., in two distinct sums , which had been received by him as clerk to Mr . Fothergill , attorney , on account of the Barkstone Ash and Skyrack Court of Requests . It was not clearly proved that the defendant intended to convert the money to his own use , and the Jury returned a verdict of Not Gailty .
STEALISG "WOOL . Gtorfc Firth , 25 , Joteph Roebuck , 27 , and Henry Hargreavei , 29 , were charged with having feleniously stolen 120 ponnds ot lamb ' s wool , from the dwellinghouse of Samuel Brook , of Lindley , near Hudderkfield . Mr . Pashlet conducted the prosecution ; the prisoner was defended by Mr . Wilkiss . The prosecutor is a woollen cloth manufacturer at Lindley ; tbe prisoners all reside at Ztelton , Which is about fOUI or five miles from the former place , oa Saturday , the 2 nd - of January , the work-room belonging to tbe proaecnUr was safely locked op , and on the following day it was also observed that every thing was right On the Monday morning , the prosecutor found the
door opes , and that there had been a bag of lamb ' s wool and an empty box taken away . The evience adduced to connect tbe prisoner * with the robbery , was that Firth and other two men were drinking on the Sunday night at tke Odd Fellows' beer-bouse , which is about 300 yardi from the prosecutor ' s ; on the came night another bouse near was attempted toobe broken open , aad . a person named Tickennan observed three men , who auwered to the description of the prisoners , run in the direction towards Brook ' s house . A carrier named Lockwood also observed them carrying wool , and after they had passed him they went to the house of Btnjamla Hargreave * , and insisted on leaving the wool there . Hargreaves gave information against them , and they were taken into custody .
The Jury mod uift prisoners Guilty . Sentence « u deferred . The court rose at five o ' clock .
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TUESDAY , MAfcCH IS . ( Before Mr . Baron Rolfe . J MAKSLAUGHTER . William Walker , 21 , was charged with the manslaughter of Sarah Jane Thistleton , at Hall . Mr . Baikxs &nd Mr . Bain conducted the case for the prosecution ; Mr . Raine appeared for the prisoner . The deceased was between eight and nine years of age , and she met with her death on tbe 21 at of December last , on the Old Dock Bridge , in consequence of the neg li gent driving by the prisoner of the Hornsea mall . The prisoner was not the regular driver , but he drove the mail from the Pest Office after the letter bags had been delivered , to the stables , where the mall was usually placed . The bridge communicates between the High-street and Sculcoates , and on the day in question , about five o ' clock in the afternoon , tho bridge was
lifted up in order to allow some vessels to pass by . While this was going on , a number of people assembled that tbey might pasi over when the bridge was let down . A gig came up on tbe town , or High street side ot tbe bridge , and a rully took its stand behind it , according to the regulations . The prisoner waa shortly afterwards observed driving the Hornsea mail up to the place at a very improper pace ; he waa reeling on the box , and it was the opinion of the bystanders that he was in a state of intoxication . The prisoner instead of taking his stand immediately behind the rully , as he ought to have don » jrove as near to the bridge
as he could . When tbe bridge was let down , and as the second horse in the rully was entering on the bridge , the prisoner drove the mail on , and attempted to pass the rully . The width of the bridge would not allow this , and in consequence the splinter bar of ihe coach came against the last horse in the rully , and the whee ' s of the mail got locked in those of the rully . Much confusion and alarm was created , and , from the prisoner persevering in driving the coach forward , the mlly was driven with great violence on the footpath . The wheel of the rully passed over the body of the deceased , but the prisoner drove on , seemingly quite unconcerned .
Policeman James Dawson was on duty on rfbe bridge at the time of tke accident ; he followed tS j'risomr .-and found him in tbe stables in Great Cnionstr « -t t , Dryp-ol , in a state of intoxication . Tbe poor chiNi < iied about seven o ' clock tbe B&me evening . A post mortem examination of the body was afterwards made . Several bruises were found on the exterior of the ho < Jy , and the liver was discovered to be ruptured . Tbe rupture of the liver corresponded with a bruise running along the course of the seventh rib . Some of the bones of tbe cbiid weru broken , which was to be accounted for from the fact of tho bones ' of children being much more pliant nnd elastic than those of adults—they readily yielding to pressure without being broken . Guilty—To bfj imprisoned two months , tho last week to be solitary .
STABBING . Peter Reaney , 16 , waa charged with having on the 10 th of September last , at Shtffield , stabbed Wil . iam Whit ? . The Hon . J . S . Wortley and Mr . Read were for thu prosecution . The prisoner was undefended . The prosecutor is a youth apparently about the same age as the prisoner . He was going from his breakfast on tbe morning in question with a younger brother , w hen they met the prisoner who bad a basket on hiB arm , and who said he was going to gather blackberries . A quarrel afterwards took place between them , in const quence of prosecutor suspecting that the prisoner wanted to lead him from his -work , -when the prisoner blabbed Mill in tha hand and in the knee with a penfcnife . The Jury found the prisoner guilty of anassanlt To be imprisoned two months .
BURGLARY . James Nicholson , 30 , was charged with having , on tbe 23 d of September last , broken into the dwellinghouse of John S waine , at tbe parish of Kirby Ma ' . zvarJ , and stolen therefrom a quantity of wool Jen cloth and money . Mr . Baikes and Mr . Wtlkinb were for the proset-uiion ; Sir G . Lewis defeuded the prisoner . The prisoner was found Guilty of stealing , but not of the burglary . Sentence deferred .
STABUI . NS . James Xicbolson , 30 , who was convicted in the lost case , John Addiman , 25 , and Joteph Handley , 23 , wero cWged with having , uu the 30 th of September last , at Lrtds , feloniously stabbtd , cut , and wounded Jamus Child , with intent to prevent the lawful apprehension of Nlch ' . 'lson . ilr . BaI . ves and Mr . Wilkins appeared for the prosecution ; Sir Gregory Lewj . i defended tbe prisoners . TUe prosecutor is an inspector of police , at Leeds . On Wednteday , the 3 oth of September , in consequence < if information of a burglary having been committed at Pately Briii ^ e , and tke prisoner Nicholson having been su » ftcted , Inspector Child and Policeman Stnbbs went to a l > eer-buTise , kept by David Butters , in
ilarahlane , wbtTe they h * d season to believe they should find tb « prisoner . They did find him there , and Child saU to him " J < m , I ' ve been wanting tbee for a few daj 6 . '" Nitholson said "what fur ! " Culla replied turii felony , and be was to go with him . Nicholson told him to wait a little , but Child replied he could n <» t wait , a . n < l procecilad to handcuff him . He struggled Tiultlltly . kiektd Child , and called for assistance . Addiman struck Child several times with a poker , ¦ which li . d br-en put into the fire by Nicholson , over tbe head and right arm . His arm was broken and bis head stvtrtly injured , and whilst Child had hoi . 1 of the poker with bis left band , Handley cut it betwten h ' s finger and thumb , to make him let go his hold . Btubbs also received several blowa , and all the three men escaped out of the hou » e .
The Jary returned a verdict of Guilty against all the prisoners . Tbey wore each sentenced to be transported for fifteen years .
HIGHWAY ROBBERY AT SHELP . Georce Haigh , 19 , was charged with having , on the 2 Ut January , at the parish of Shelf , f eloni o u s ly assaulted Abraham Pearson , and stolen from him a purse containing £ 41 4 s .. The prisoner appeared at the bar highly respectably dress- d . Mr . Worilet and Mr . Pickering conducted the prosecution ; tbe prisoner was defended by ilr . WILKINS . The prosecutor has the management of the weighing machine at Messrs . Hardy ' a iron works , on the L'jvr Moor , between Bradford and Halifax , and he receiveil rtady money for coals weighed at the machine . It was his custom to take the money wh ' ch he received to the hiiUse of Mr . Woodcock , the overlooker . On the night mentioned in the indictment , the prosecutor remained on tbe premises till eleven o ' clock , aDd then
proceeded to Mr . Woodcock's , who resided about a quarter of a mile from the place . At this time he had with him £ 13 lus . in gold , and £ 27 10 s . in silver . On his road he was attacked by three men -, one of them laid hold of him , whilst the others rifled his pockets . The prosecutor positively swore that the prisoner was the man who sailed him ; and in corroboration it ^ aa » hown that he was seen near the premises in " company with two others , a short time before tbe robbery . Mr . Wilium addressed the Jury in an eloquent speech , stating that he should call two witnesses , who would prove that tbe old prosecutor , when the prisoner was taken into custody , said that he believed he had got the wrong man , and that it was on his testimony alone , the case for tbe prosecution rested . He should call witnesses to show that at the time alleged tho prisoner was at his own hviue , and that he never ltft it on that night .
Mr . John Haigh , father of the prisoner , deposed that he WrEt home ou the night in question , about a quarter to ten o ' clock ; his son was then in bed . Mrs . Haigh , his mother , swore he was at home that night . Ho went to Wd about a quarter before eighthe had never been out of the housa . When tbe constable came he had his trousers on , as he wa s go ing to draw syme ovens early the next morning . Cross-examined—The prisoner went to bed first . We were all asleep when tbe constable came . My other sod , Joseph , went to bed about nine o ' clock . My husband canie home about ten o ' clock . The prisoner's shoes were wet because he had been working for Joshua Blake , sleeking the ove . is . Mr . Feather , superintendent of the Halifax police , said he saw the prosecutor after the prisoner hud been before the magistrates . He appeared to have some doubts as to his identity .
James Rawson , police-officer , gave evidence of a still stronger character . The Judge intimated it was impossible te cenvicton such evidence , aud the Jury accordingly returned a verdict of Not Guilty . The Court rose at nine o ' clock . MAGISTRATES' ROOM , Tuesday , March 16 , ( Before R . Armstrong , Esq ., Q . C . J George Firth , Joseph Roebuck , and Henry Harffreates , vrho bad been convicted on the previous day oi' a burglary and robbery , were sentenced to be imprisoned and kept to bard labour for two years .
BI 6 AM . T . Robert Wilson ( 27 ) was charged with having , on the 2 nd of March , at Alue , in the North Riding , unlawfully married one Jane Hall , his former wife , Mary Wilson , being tfen alive . ? Mr . Mathsws conducted the prosecution ; the prisoner waa defended b y Sir G . Lewis . The first Marriage took place at Nunnington , in 1835 , and thre * jfcars Afterwards they parted . Wilson then wenflpro service , and , in 1840 , married bis married his maeter ' a daughter . Guilty— 'To be kept to hard labour for one year .
POACHIHO AT GLEDSTOKR . James Banks ( 19 ) was charged with having been found armed with guns in a close called BrenU Meadows , belonging to R . U . Roundell , Esq ., of Gledstone Hall , in Craven . The Hon . J . S . Wohtlet and Mr . Monteith were for the prosecution ; Mr . Cotti . ngham defended the prisoner . It appeared that , on the 9 th of November , a party of poachers , &b » ut twelve in number , entered the pleasure-grounds adjoining to GledBtone House , where , about midnight , they commenced making havoc of the pheasants , of which a great number
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were kept in » tome state . About fifty shots were fired in the immediate vicinity of the house , and the family were much alarmed . The gamekeeper , with a party of watchers , mustered , and immediately hastened to the Bpot . They found the poachers in a meadow , and , on seeing them , they formed themselves into a line , and cocked their guns , saying . — " Blood for blood ; " •* . We ' ll have a wing ; " " We ' re free rangers ; " and using other expressions . The watchers , however , remained stationary ; the poachers shook the pheasants in their faces , and then went away . The prisoner was identified as being amongst the party . Guil ty—To bo kept to hard labour one year .
ANOTHER rOACUING AFPHAY NEAB BEV&RLKT . Wm . Bean ( 24 ) was charged with having , on tho night of the 2 nd of December , along with seven others , being armed with guns , at Bishop Burton , in the East Riding , unlawfully entered certain enclosed lands , in the occupation of Mr . Thomas Almack , for the purpose of destroying game . Mr . Baimes and the Hon . J . S . Wobtlbt conducted the prosecution ; Mr . Cottinghak was for the defence . The facts were these : —On the 3 rd of December , the preserves of Richard Watt , Esq ., of Bishop Burton , near Beverley , wero entered by a party of poachers at two hi the morning , and they were heard to fire guns in a plantation called the Little Gallops- Information was given to Mr . Watts ' s -keeperandwith some assistants , he went in
game , , pursuit of them . At about four p clock , hearing footsteps oh the road between the Little Gallops and Great Gallops plantations , ho seoreted himself and his force . SHbrtly afterward , seven or eight meu passed him , and went into a turnip field leading to the Little Gallops . He and his assistants fuahed out and pursued them , on which the prisoner , who was one of the party , placed a £ un to his shoulder , and at about twenty paces distance , fired at the keeper . Fortunately he did not hit him , as at that moment tbo keeper stumbled over a turnip and fell The keeper got up , placed a double barrelled gHn to his shouJder , levelled it low , and fired the whole charge of the gun into the prisoner ' s leg . The
prisoner called out to his comrades for assistance , and as they appeared determined the watchers ran away . The eamo morning the prisoner was found near the field , severely wounded in the leg . Ho was taken to Beverley , and there searched , when a complete shooting apparatus was found on his person . Mr . Cottingham , in defence , argued that in order to convict the prisouer , it must be proved that he was seen in Gallop ' s Close , the place mentioned in the indictment , about which there was not a , tittle of proof . Mr . Armstrong held the objeotion valid , and under his direction the prisoner was Acquitted . The verdict was received with applause by some poachers who wero in Court .
NISI PBIUS . —Saturday , March 13 . WILSON ANDOTHERS V . APPLETARD AND ANO . Messrs . Cresswell and Cleasbt appeared forthe plaintiffs ; Messrs . Alexander and Hoggins for the defendants . The action was . brought to recover £ 7 C 8 s . for fancy woollen cloths . The plaintiffs are the assignees of Mi-ssra . Dobson , ( now bankrupts , ) who carried on Imsinesii at Halifax ; the defendants are merchants at Huddtrgflald . The good * were obtained by . Mr . Joshua Appleyard , and the qutstion in the ewe was whether they were purchased on his credit or were bought by the drni of Appleyard and Son , who had an account against Me * sra . Dobson . The Jury returned a verdict for the plaintiff—Damages £ 7 ( i 8 s .
TEMPLE V . CLEGG . An undefended action from the neighbourhood of Dewsbury . Verdict for the plaintiff—damages £ uo ( it . ad .
THORNT » H » . PARROTT AND OTHERS . Mr . Dundas and Mr . Blanshard appeared for the plaintiff '; the action was riot defended . It was brought to recover damages for an assault . Mr . Dundas stated the case . The plaintiff , he said , resides at Bradford and ia a grocer ; the defendants were Mr . Parrott . an engraver at Bradford * and Messrs . Sharp and Cowling , who reside at Bowling . It appeared that on the night of the 14 th July , the parties were returning from Wibsay , where they had been witnessing a pigeon match . Tho plaintiff waa oa horsehack , ami when he carna up to the defendants , near Wibsey toll-bar , they would not allow him to pass
along the road . At length Sharp , one ot the party . 'in a mischievous j < ko , fired a gun over his head . He returntd to the toll-bar , where he left his horse , and came back with the intention , no doubt , of taking the man who fired the gun . Ho cams up to Sharp ; they both struggled , and fell to tho ground ; and whilst on the ground Thornton wns kicked by Cowling . Some persons were soon collected , and on Sharp and Thornton getting up , the latter said to the defendants— " ! know you , and I ' ll have you up for this , " on which Parrott , who then had the gun in his hand , gave him a violent blow across the ribs with the muzzle eml of the gun , from tbe effects of which he was insensible .
Witnesses having proved the assault , t h e Jury returned a verdict far the plaintiff—damages £ 20 .
SINGULAR CASE OF BREACH OF PROMISE OF MARRIAGE . WELLS V . BERRY . Mr . Cueswell and Mr . Baines appeared for the plaintiff ; Mr . Alexander and Mr . Wilkins for the defendant . Mr . BATN'Eft opened the pleadings . Tho declaration stated that the defendant promised to many the plaint iff , and afterwards broke his promise . The defendant pleaded first that he did not promise , and secondly , that at the time of making the protnisa , be did bo on the faith and supposition that tbe plaintiff was a chaste and . modest woman ; but that afterwards he discovered she had had a child , and also that she bad had intercourse with divers and many persons , whereupon he refused to perform his promise . The plaintiff , in her replication , denied these statements , and stated that ho broke bis promise without the cause in the pleas alleged .
Mr . Creswell stated the case to the jary . The plaintiff in the action , Hannah Wells , sought to recovtr compensation ia damages for the breach of a promise of marriage which she alleged the defendant had made to hor ; and if , under ordinary circumstances , it was a great offence against society , and against the female sex , if a person mrde a promise of marriage and then broke it , the defendant in this instance very much aggravated the offence by the pleas he had put on the record ; and when he detailed the circumstances to them , he thought they would be of opinion that his conduct from first to last had been as cold-hearted and cruel as that of any person ' s could be . Hannah Wella , the plaintiff , was a young woman turned thirty years of a g e , who at present resides with htr father , who is
a cloth manufacturer at Sheepridge , a mile from Huddersfleld . A few years age her father carried on business extensively , but ten or fifteen years ago his business was not successful , and havingseveral children , it became necessary that Hannah might be instructed in some art by which she might obtain » living for herself . She was therefore sent to Brighouse , a pl ac e in the neighbourhood , to learn the business of a dressmaker , and there was seduced by a young man , who deserted her , and she became the mother of on illegitimate child . Sho felt deeply the disgrace she had brought on herself and her family ; she returned to her father , and led an irreproachable life , re g ain i n g the good opinion of all who had knewn her . Her child lived with her at taerf-ther ' s bouse , a nd i t was p erfectl y
well known that the had the child . She remained at her father's till two years ago , when the defendant , a farmer and maltster , and a man of considerable independence , called upon Mr . Wells to enquire whether his daughter Hannah would go and live with him as housekeeper . The defendant is a -widower with four children—a man between 40 and 50 years of age . He represented that having these children he wanted a person of respectability , and Mr . Wells stated that he was afraid hia daughter would not suit him , a » ebe bid not been in a situation before . He said he had enquired about her , and thought she would suit It was difficult to ascertain the motive * of persons , but from what followed it was not very uncharitable to impute to Mr . Berry that at the time of the application to the father for his
daughter to live with mm as housekeeper , paving beard some history of her former misfortune , he intended by some false promise orother to obtain possession of her person . He agreed about wages , and she went into his service . He treated her with the greatest possible respect and kindness—he treated her as his equal ; she was found taking her meals with him in the parlour ; he placed everything under her controul , and expressed the greatest satisfaction at her demeanour in his bouse . She had a sister , twenty-seven years of age , who went over to see her . Mr . Berry begged her to come often , said he was glad to see her ; and when Hannah had been there a month or two , he » aid to her « ne day—" Well , can you spare Hannah from borne f" She replied , " Y es , I dare « ay we can . " Ho said , " Well , then , she has chosen this for her home ; I have promised to marry her . " There was no disguise as to the child , and they would find that frequently Mr . Berry ' s own children
went to play with mm at bis grandfather ' s . On aaotner occasion , when Rebecca Wells wu over , b e said h e should have married her sister tbe first week she was there , but the neighbourhood would have talked about it : he added that hewished he bad seen her « ooner , for he was disposed for marrying her as soon as he saw her . He went so far as to talk about the wedding , dress , and told them to mind and be all smart , adding , in joke , that he did not think be should be satisfied with less than white satin . Of course , no letters could be produced as having passed between them , for the were living together , and the same reason was sufficient to explain tbe absence of a great deal of evidence uiually given . In addition to the sister ' s testi mony , he would call before them the servant , WQ 0 thinking they were extremely familiar listened at tbe door , and there she heard this unfortunate young woman communicate to Berry that ahe was afraid she was in the family way . He said , "Well don't be uneasy
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about it ; 70 a know I have always told you I would marry you . " She said she hoped he would . Notbtoi could be more natural than that a country girl fancying there was too great familiarity between the housekeeper and her master , listened at tho door , and nothing could be more natural than this communication when the plaintiff found she was a second time likely to be exposed to disgrace . Soon afterwards she went home , for the purpose , as she supposed , of being married—no more notice was taken of it—ha wished to retreattime rolled on , and a child was born ; and at last an action waa brought against Mr . Berry for having utterly destroyed what remained of her character and prospects
in life , and now hebftd tke hardihood to put the picas which they had heard on the record . He defied him to prove them ; be might have ransacked the country , and got young men to detail their own shame , but he Would answer for it , not one of them would stand tbe test of cross-examination . He dared his Learned Friend U produce them , and if be did not , what infamy would attach to the man who thus slandered , in public the young woman whom he had betrayed into bis hands , and seduced in his house . If so , he trusted they would know how to measure out of the purse of this wealthy defendant , the only poor compensation which law offered for the outrage which the plaintiff bad received At his hands . .
The following evidence was then adduced : — Mr . John Welfs—I reside at Sheepridge , and have a family of six children . Two of my daughters are older than Hannah—one of them is married . Hannah is * turned thirty . A good many years ago my business failed . She was at that time sent to learn the business of a dressmaker at Brighouse ; she was there seduced , and bad a son . Jt was very well known in the neighbourhood that the boy was hers . Mr . Berry lives about a mile from my house ; he is a widower , with four children . He came to my house about twoyears ago , and inquired if my daughter would go and keep him bis house . I replied , I did not know whether she was disposed to go out or not ; when she came home we would consult her . It was arranged she should call upon him at his warehouse at Huddersfleld , to tell him whether she could go or not . Previous to her doing so , however , he called again at the house . He said he
bad come on purpose to tell her he wished Hannah to go as soon as possible , for his cousin , who had previously kept his house , had left I said I did not think she would suit him , as she had not been out before , and there were also difficulties where there ye children ; be replied be bad made inquiries as to Tier character , and he believed she would suit him well . Hannah was present , and I told her to be sure and behave wfll to the children and the servant , that there might be no disagreement in the house . She asked ten guineas wages , which Mr . Berry said lie would give her . Whilst in Mr . Berry's service , Mr . Berry ' s children came over to my house , and played with , JIanm \ , b . ' s little boy—there was no disguise made about it . I had no reason to believe there was any subsequent misconduct on the part of my daughter whilst she was in my house .. Hannah returned six or seven months afttr she had been with Mr . Berry ; she was then in the family way .
Cross-examined—I will not swear Hannah is not thirty-five years of age . I was a weaver till ahe was twenty-two or twenty-three ; I then commenced business as a manufacturer , which I continued upwards of twenty years . I failed in it , and compounded with my creditors , tbere being about Is . 6 d . in the pound . Some of my daughters were employed in preparing work for tho weavers . Ahout nine years ago , I sent Hannah to Brighouse , to Mrs . Thornton , a stay and dressmaker ; the was at Brigiionse about six moutha before ahe left Mrs . Thornton ; she was then pregnant . I do not
remember ten or twelve years ago , a master painter , named John TrumMe , of Huddersfleld , lodging at my house , but he occasionally came there . I remember Mr . Whitaker ' s church being painted ; Trumble worked there . I knew Marshall and Abraham Hopkinson at that time . About two years ago , I was making weekly from £ 20 to £ 30 worth of goods , which 1 sold at Hudderxfield market . I believe my daughter did not go before the justices to affiliate tbe child of Mr . Berry ; her first child was affiliated on a man named Adamson , who resides near to Brighouse .
Rebecca Wells—1 am sister of the plaintiff . I remember Mr . Berry coming to my father's bouse to engage my sister as housekeeper . After she went tbere , I was in the habit of going to see her . The defendant always treated her with much kindness ; she got her menla with him and tho family . I remember on one occasion he asked me if we could spare my sister from Sheepridge . I said I thought wo could . He replied very well , when she cam « here , she came home , for I shall marry her . My sister was then present On another occasion my sister and me were talking about the wedding dresses , and Mr . Berry said in joke we should have white satin . He added he would have married her the first week she came , but for the talk of the neighbours . I have also heard him say he would marry her . I remember iny sister leaving ; ho said it would be more respectable for my sister to come borne a few weeks before he was married than to be
married fiom his place . He also told me he intended to paper two rooms . Mr . Btrry used to ask how Hannah ' s child was , when I went there . Cross-examined—After she had been about six months with Mr . Berry , she r e c e ive d w a rn i ng to leave . My first visit was about a month after my sisti r went into Mr . Berry ' s sutvice . My next vi » it was a week or a fortnight afterwards ; three weeks afterwards I repeated it , and went a fourth time . The defendant has a man servant of the same name as himself . After my sister hud been at homo about a fortnig ht , sho went to Manchester , where she remained a month . [ A letter was handed to witnfss , which ehe swore she believed was not in her sister ' s writing ] It was the first time I went to the house that the defendant talked about marrying my sister . By the Jwuge—The lost time I visited my sister at Air . Berry ' s was about ten days before she left
Mrs . Fanny Sanderson—I am the wife of a fancy weaver . I lived with Mr . Berry when Miss Wells was with him as housekeeper . Mr . Berry was very civil to Miss Wells , took his meals with her , and went to church with her . His civility was so great as to lead me to take notice of it . On a Sunday they appeared very kind , and in the evening , I listened and beard Miss Wells tell him she believed she was in the family way . He said " You have no occasion to mind , you can make this your home , as I shall marry you . ' She said ¦ ** Well you have always said you would , and I hope yon will ; " and he replied " I will truly . " Ou another evening when they were kind I heard him say " That girl peers like the devil , '" and so I gave him notice to leave . ( Laughter . ) Cross-examined —I have never listened at any door either before or since . I am 21 years of age .
Mr . Alexander then addressed the Jury forthe defendant He thought such cases bad better have been investigated before a private tribunal than with the publicity which always attends such enquiries . But the law of England directed that these disgusting his tories should b * detailed before a Jury , and consequently those engaged in them were often obliged to do violence to their own feelings in commenting on details which were certainly not calculated to improve the morality of many persons who listened to them . But it was a duty imposed upon him to state them , and to the Gentlemen of the Jury to listen to them . He entirely agreed with the observation with which hie Learned Friend prefaced his address , that the conduct of the defendant as characterised by the evidence
of the plaintiff ' s father aud sister ( about the truth of which h « would presently enquire ) was conduct for which he ought to be punished . A man who either by seduction or any similar crime deprives a woman of the character of which she may bo proud , and which , unless she had it , no man would marry her who bad a character himself ; or the man , to take his friend's unfounded proposition , which was unsupported alike by reason and evidence , who engaged a j oung woman as servant for the purpose of illicit intercourse with her , deserved tbe most severe punishment . In this case was asserted a breach of promise of marriage , attended by illicit intercourse , the result of which was pregnancy , and the birth of a child . Ffteen months afterwards an action is brought by a
professional man toe a breach of the supposed promise ot marriage . In most instances of this description they found the counsel for the defendant appealing to the Jury in mitigation of the damages , and it gave him pleasure to think that in nine cases out of ten this was the proper mode of appealing to a Jury , b ecause h e hoped in nine cases out of ten the woman who asked redress for a breach of promise was hersalf of unquestionable character , and entitled to the sympathy of the Jury . But there was a tenth case , and this was an instance of it . He should lay before them a course of evidence which the plaintiff , or her attorney , or her father had forced upon the defendant to give . He should show them profligate life begun no fewer than twelve years ago—repeated intercourse with different
individuals whom he would place in the witness box , — he would show them that the plaintiff bad laboured under the venereal disease , by calling before them tho medical man who attended her—he would show them a life , the last part of which was characterised by a profligacy which would strike them with horror and surprise ; and this was the woman who , to use his friend ' s expression , had acquired reputation , whose conduct after she bad tier first child , was exemplary , cmd on whom the world looked down with compassion and respect Why , he would show them that , after the birth of the child , the same wild and profligate habit continued—it was in 1837 , long after the birth of the child , tint she laboured under the venereal disease , and at a period when they had been told by her father she was living with him , and when it was , therefore , to be inferred these proceedings
could not fee going on . The law on this point was clear and decUive . It afforded an answer to actions of this ' description , to show that the woman ' s character was disreputable or improper either before or after the promise had been given . His friend had made various attempts to induce them to suppose the defendant knew the history of this woman—oh , he said , be must have known she bad bad a child , and they had it on tbe evidence of the slater that it waa quite a topic of constant conversation . He would show them that whin the defendant did acquire a knowledge of tliat fact , he Immediately discharged the plaintiff from his service , and then what became of all the observations of his Learned Friend on the topic of h's address . He would then shortly state to them the position of tbe defendant with respect to this transaction . The defendant was a respectable man in trade—he lost hia
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wife some years ago , and was left with three ch » dren , whose respective ages were five , six , snd eight His age was forty-five . About two years since h , wanted a person to take care of his children , and to manage hia household affairs . He bad a man-servanL a cousin of bis own who was out ef baaincw , » ad who was . therefore , taken Into his service , aa ^ was In hfa hoase at the time the plaintiff was housekeeper . He had also a maid-servant named Ellen Rig ^ t and for tkirteen days he had the listener at the doof ( bot who bad never listened before or since ) , who bad appeared before them in the hox . He requested bis cousin to obtain him a suitable person as housekeeper , sod after enquiries In the neigh . , bourboed , the plaintiff , Hannah Wells , was engaged .
After remaining some time , he learnt that the plaintiff was a woman of bad character , and he therefore sent his cousin over to Huddersfield to make the neceu&r * enquiries . The result was that he told her she could be no longer entrusted with hia children , and he gav » her ft month ' s notice to quit . The notice was given on the 10 th of May , and » n the 11 th » f June , ne j time having expired , she left The defendant paid her the Wages which had been agreed upon , and he expected he had done with her . After a lapse of fifteen months , however , he received a letter from an attorney , and immediately afterwards tbe action was brought Th # Learned Counsel then commented on the evidence adduced for the plaintiff , urging that it was meagre and unsatisfactory , and could not be placed in contrast with the positive and decided testimony which he ahooia adduce . He remarked on the fact that the children wont to play with , the plaintiff s son , asking the Jury If
it were probable children of such tender years should know they were playing with the little bastard of their father ' s housekeeper ; and yet there was the strongest evidence to show that the defendant had knowledge of the existence of the plaintiff ' s first child . The plaintiff was represented to him as a person of good character and religious habita—it was stated to him that she was well known by the Methodist preachers , who took an interest in her welfare—he engaged her on the faith of that character , and when he learnt her previous history he immediately discharged her . Nothing could be more honest and straightforward than the conduct of Mr . Berry . Tke Learned Council concluded by observing that if they did not believe the promise of mar . riage bad been ever made , or if they believed that at the time of the making of such promise tbe defendant was' not acquainted with the previous , history of the plaintiff , they would Snd a verdict for the defendant .
Mr . John Trumble deposed—I am a master painter at Huddersfield . In 1830 , I knew Hannah Wella , when I was fainting Mr . Allen ' s church . About flv « years afterwards , I waa engaged in painting M * . Whittaker's church . During the time of the paintipg of Mr . Allen ' s church , I bad not connection with the plaintiff-Had you afterwards ? Witness- ^ -1 decline answering that question . Cross-examined—I have been married twelve years the lat of last September , and during that time I have never spoken to the plaintiff . The JUDGE—You had better go down , Mr . Trumble . Mr . Jsftk . Marshall—I have known Hannah Welli ten yesf ^ pft April . Have you had sexual communication with her ? No .
On putting another question , he said he did not think it was a proper one—it might c-nue disturbance at home . He then answered it in the negative , which excited great astonishment In Court , after the speech of the Learned Counsel . I have been alone with her three times . I never took liberties with her person . I know John 8 mith ; I never mentioned to him what I had done with her . Mr . Cresswell objected to this course of crossexamination by the Learned Counsel ' s own witness , and the Judge held the objection valid . Mrs . Netherwood—I know Hannah Wells . About seven years ago , I attended her , when she was delivered of a male child . I have known the plaintiff since she was a child , but I have not resided near to her .
Mr . Hopkinson—I knew Hannah Wells . I do not remember placing ' a ladder against her bed-room window . I never was in her bed-room . ( Great astonishment ) I know the defendant I was at hia house some time ago . On being asked if he had had any connection , he declined answering the question . Mr . Moron declined being sworn . Hia Lordship said he must be sworn . He then deposed—I attended the plaintiff about January , 1837 , and late in 1839 . On being asked her complaint at the former period , the witness hesitated a long time , and at last * aid he attended her for a venereal affliction . The Learned Counsel then asked who paid him his charge . The witness hesitated a long time ; he then said he would rather decline answering the question . It is of great importance to other parties . I trust you will excuse me .
Mr . Alexander—I had much rather have been excused being counsel in this cose ; but you know the country requires justice . Witness—When parties are respectably settled , it ii exceedingly delicate to refer to these matters . M r . Alexander—I fully en te r int o yo ur fee l ings , but I must prtss the question—who paid you your charge ? Witness—I had rattier pay the fine of the sutipsen * ( £ 100 ) than answer the question . A long discussion arose on this point , during 'which Mr . Hopkinson was re-ca ! Ied , and , on being asked the question , he answered positively in the negative . The Judge—If that be true , why did you not answer before ? Mr . Hopkinsan—I do not understand your Lordship . The Judge—You don't ( Tbe witness then withdrew . )
Mr . Moxon was again re-called , and pressed on the point ; at last he was relieved by the Judge deciding that be need not answer it In cross-examination he also declined to answer whether he had ever two wives at one time . Godfrey Berry—I am cousin to the defendant I remember the time when the defendant wanted a housekeeper ; he has fourchildren , their respective ages being now four , nin e , twelve , and fourteen . By my master ' s directions I inquired for a suitable servant In the course of my inquiries , amongst other persons the daughters of Mr . Wells were mentioned to me—Mary was fixed upon first ; afterwards Hannah came and said she had come to see about the place—her sister did not
like , and she thought she could manage very well I told the defendant I thought Hannah Wells was artligious character . He said she was very likeiy to suit him if that was the case . At that time a widow was his housekeeper , but she was about to leave him as soon as he could get suited with another . Hannah Wells came into the service at the latter end of Jul She attended to the household matters . I remember another servant named Fanny coming ; she entered into service , I believe , about the middle of March . I recollect a sister of Hannah Wells coming to see her at the farm house . 1 was only there once when sho was there ; that was . I think , in ApriL I remember the defendant Molding . her in April .
[ Mr . Cresswell objected to the conversation . Objection held valid . ] The plaintiff afterwards left—it was in June . Mr . Berry took the keys of the cupboards into his possession in May , I believe . When the plaintiff got notice to quit she asked me if I thought he was going to be married . I said I thought he was . She said she would stop in the place if he did get married . I said if she stopped she would have to take Ellen's place : Ellen was the housemaid . I told her what were Ellen Rigg ' s duties . I recollect Hannah leaving the service . She came to my master's house about six weeks after ; she saw both the master and myself ; she said she was going to Manchester , to commence business a * a stay-maker . By the Judge—I am not married .
Examination resumed—She called the following Tuesday at two o'clock in the morning ; the first thing I heard several knocks at the door and the shutters—I got up , and went to see who was there . I asked from tie inside who was there ; she said I must open the door . Knowing her voice I went and told Ellen that Hannah Wells was at the door . The knocking at the door and the shutters alarmed Mr . Berry , and became down stairs . He called out who ' s there ; no person answered ; he then went round to the kitchen door , ana Hannah was there . She was let in . I heard her art Mr . Berry if he would let her stay all night , and she would go a way in the morning . He allowed her to d » so , and she slept in Ellen Rigg ' s room . The next
morning she went away . Hannah only went to cnurcn once during the time she was in the service of Mr . Berry . The first visit she paid after she left was on s . Saturday : she stayed on tha Sunday . The defendant went to church that day . Whilst he was at churcn , she came into my bed room , between nine and tea o ' clock , and said she wanted a husband , and that sne would have one too before she went away . I saw , " you wont have me , will you ! " She , in <««*«! said , " I'll have yon , if you'll have me . " Te whicn 1 replied , " It was not likely . " She then said she was going to Manchester on the following morning , awi asked him if he would go with her . He » I " ^ .. * WOUld not No further conversation passed . J " ™ nio <» *« rf U . rmaVi « im * together , but Hannah oraere
Ellen to g (/ 5 own , and she would make the . ***? ""* self . At the request of the defendant , he made inquiries as to her character , and after this i ^«^ £ had been given , Hannah was discharged . I alter 7 * 7 " left , because we never could agree in eowequenca oi mj having recommended the , plaint * « ,- ; •» Cross-examined—I am now with my father , wno » farmer , at Deighton , under Mr . Thomhill . . Ellen Rigg deposed-l was servant to the * & ««•»* Whe » : Hannah Wells T / a » in service , I mbP" ^ Hopkwso . calling ; * , saw Hannah Wells & » « " " up stairs . She told v * I » wt not tell the master w Cros * . ex » mtned- -1 had to wait on Miss Wells . Bfo also Insinuated th ; A 1 was not quite honest This closed the case for the dsfence . _ ^ Mr .. C&Esswr xt then called Mrs . Worth to «> « £ diet Godfrey B ^ rry in bis * t » tement tha t he hadnotsaw to her he never „• knew anything wrong 01 aer .
Mr . CRESS'at ell then replied . T ™ « tlred . His Lordship having summed up , the Jar yj ^ 7 After ' an-abf * nce of nearly an hour , tbey returneaa t » diet for th « plaintiff—damages , £ 50 . The Cor art rose at eight o'clock .
Untitled Article
6 - THE NORTHERN STAlt . _ _
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Citation
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Northern Star (1837-1852), March 20, 1841, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct698/page/6/
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