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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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YOUE . SHiE . i , SPSSKG ASSIZES . CROWN COURT—Satgbdat , March -28 . ( Before Mr . Justice CoUmaruJ Thomas Hwrnam pleaded guilty to a charge of riot , and "was ordered to enter iato bis own recogr . izinc ^ s of £ 100 to appear at the mxX assizes to receive judgment Svld ^ e Stdctijre , a * e 3 27 , *** & indicted for attempting to fcfct Sit ! o ~ ? he cotton-mill of Abraham Uttl > y ana others , at LangSeld . in the West Riding , on the 2-ith of SeDitaiber last . Sir " CrfiEGOBT JLsttis and Mr . Pashust condaried the prosecution ; Hr . "WiLEJ ^ S UeleDded the prifrjner .
I * v appeared tfezt the pr ;? oser had been in the eaiplo > raeut of the . Metsrs TJrrJtj lor some years as a spinner , bni in the latter part of kit year , in consequir-eeef some imp : ov « . nuits having been introduced intf tb ? iaachiLery 'Rhich reDdtred EeCcEjarj a smaller nnEittT of hands , fee , -with tight others , -was dismissed . Thtxe "WS 3 , however , no qnixrel bet-sretn him and his sister on that kescunt . 31 r . TJt ; ley gsve a dinner to the dismissed wo-fcnen on thp CBC 3 ° u * n of parting with Ultra , and to the prisoner , at letst , had expressed his YlH . ugEC £ s to esb ! sI him in gtitm ? another situation . Tb = prisoner , it appears ! , however , tad on more than OBf - - . cecsion nsed strorj ; language respecting the Messrs . ^ Jtt' -y and xheir mils eb' 1 expressed a -wish that it -wss bnrsi . Being out -of employment , however , and an old
servant Ire 'was frequently in and about the mill , and hae iaary opporruMii'S of making hinjstlf scquvnttd -with its inlemal nr augcm ^ Dts . li appears 12 m oce part pf lie in "; is called tite " willow" room , in v ; n 5 ch the cotton ul 't-rgoes osr of the first operation ? to -which it is sni-jected . "This Is on tfce ground floor . Tfte *• "wClo'w" machine stai > ds in the cfotrb of the room , acd un the 24 th of September last , there ¦ was at i Et side , Dtx ; the wall , a heap of cotton , which had raw * ^ scEt > this operation , and was , therefore , ci a light eocsistsnes , and veiy inflimmabla ln iuc-ther corner , near the door , there had bee j left on that evening , "whtn the worin . cn came atr ^ . a s ^ jp < 3 cotton waste . A ^> onS t < = n o ' clock Mr-TJtt T "Was tHiv ' . k ; st tte df-or of His owe house , TFt : ch ry > mm > . T-.. ^ a a view of ilie wUiow-raom . when he per _ - € i ? ed a light . Be ttes vocderisg whtnee-it conld
pTi- ^ -d , ¦ when his overlooker , "who Lad been at Todmo- - js , came up at the mrmpnt on Ms tray homo . Mr . TJtt .-j pointed the light ont to him , and be immediately Jjar .-ned do'sn to the wills ; r-r « om , ilr . TTiUty follow . ing . He fraud thh willow-room door a jar , the waste in the = = 3 df > in s blazs and jostcoaiaisTiicrsriBg wife a train of r-. < tion about a foot wide , which "wtu > laid trosi the skip to tlie heap E . t \ i& oiher sidts of ^ herocm . The OTfc l = « oit * . with ETrat pre » eBce cf mimi , cut eff the com ^ tmicibos , and thrnsting the skip ont of the-d . x > r thr- » ¦ it into the 6 zs \ which was just opposite . Mr . Vv ' . tv sneceefied in KxtiDguiiiiEg oihtr portions cf the buriiiis ccvtjn in the room . It vas stau d that had the fire fMnmcnicated with ibe heap of" * ' wiiiowea" cotton . nolnai conM iiatc yjcTisttd the total dftstiuction of the milL ThU was worth ahont £ 3 . 000 , and was in-Bnr-ifcr ^ £ 2 510 .
T j connect the prisoner with this transaction , a great dea f-f cirtainstsnJai eTidence waa gone into as to conver .-itionfi which the prisoner had had w * th se ' vr-ral indiT-dosls b Eharl time before this occurrence . He had feesr-i sttn . too , &bca ^ the millj and coming ont of tbe ¦ wil ow-ioom at l iste bom on that eTtaing , without there buni ; apparently any reason for his beiai ? there . Al- - -nt thB tice the fire broSe ott he was n . et on the high rosdat & distance nf a few hundred yards com ' ng » ppiTeni » y from the mill , and those who met him described csrtaiu peenliari ^ es in hia ^ aiLesnour and tbe expr ? saions wiiicb fell iromiim , trbich seemtai toxtio-w His" te tr&s at that time in a state of considaaila eoninsii-n and a 3 ;? m . iir . WiLKtss addressed tbe Jury fa * the defence , aa £ , after a short ConECJtatioii , the prisoner was found K « OcQct .
Wtliiam Jfcgerson , IS , and Joseph Smilh , 21 , were ctsi- s -u » tsid i&nrjjj , on tbe flii o ; Diccnifccr last , at ier- 's , assaultea BiEj ^ mia Barker , atd « toitn froni ilia per .-. Tn a rxt , an uiubreBa , and paper parcel . Xr firoa Hill waB for the pTosecution . The proierntor is a doth xuaiintiCrsrEr , residing at B ^ alcj , and « n F Hisy , rhe 9 : h of December , he was proceeding to his home from Leeds , when he ciine up -with thr < . 3 men _ , ore of whom se ^ asd him a = d attempted t-o stOj- his mocti ; , box he xtnugitd And c& . Ued ont , and tbe Ksii Tosde eff , taiisg with them tbe things mentioned in he iL-iichntnt , which had been dropped by the pr& ^ cntp ? in the struggle , which , boweTcr , be after"wa -i-i rtccTered . lufonaatjan was iriTbD to the police , txtc from tbe description giren of liie mtn , the pri-S 8 EtT 3 we ? e appTiieEfiea .
Inis csss dkpended on a qnesfaon of identity , which was fully made ont against Smith , and he was sentssesd to twelTe months' imprisonment to haid labtnr . The prisoner Bogerson was acqnnted . 6 'MJBKef FcdherffUi . 21 , wbs charged with bBTirsg on a ^ irOUs of xKctmber last , at Leeds , sfsiinlted Israfcl Soi ^ - ^ se , and stoieD from bis parrt-n loi , ten Eixprcccs , > si '^^ t peccD case , a silver watch , a silTer anaff-r-ox , an ^ o-Jitr ardcles . his property . > 1 t . Hal . 1 was for the prosecution . Tbe prosecutor is s Wes ) e > an minister , and resides at Bramley , nr&r I * - « . On the eTening of the da > in qrits-iun , he was pr ^ -. r ^ SiiL » towards ttat plsae &v-in ietds whpn he TFt -topped by three men , who knocked him down , and r fl =. i his tv > ek&ts of tiip articles mdrioned in the
ind- -riDtat . and na t-ff Informufion was given of the rol :--y , and six dap sfter , snnie of the - -property was fouri in the possession of tb » prisoners wife , who « Eir tliat her hnsbsnd bad fiven her tbe tbincs abcui a ¦ Wtti btfore . which statemei-t FotL ^ TaiU coikfirmed , and s'lded that be taxi foniul them . He waa taken in * - < Ti = rocy . and upas fee e ^ id ^ JiCe of rtcent posscsaoi ' . committed to Tori for frisl ! T : r Jnrv fonud th » prisosET If ot -GaBty . J -n ? s Wilson , 24 was charg-d with haTing , on ti' ^ 7 tn j >? & } as ^ at T > 3 EcasteT , asssnlted Jocn Smith . an . -tolen from his person tcxee sovereigns , and fivo abi" n ^ s , bis prc-peny . J ' t . "VTiL £ . i > s asd Sir AsPlKAXL were for the prossci : - . ion ; 3 ir . Overend defeedtd the priscrjer .
Tae pr * sK 3 itor is in the employ of Mr . Jrhn "Wright , of B ' _ -3 Gaster , miller , and on tbe evening of the day in quK * ioB he was troceediEg to Carr House with some £ crc . when be was attaektu by three meE wbo knocked bin j ojt ) , and riflst hia porkcl 3 of the property above mf-. ; i ~ nd . Having done this they abased him , kicked Mm sevtrtly , and threw him into a pond , ¦ wh Te ihxj Isft hfKi . He was found tb % Te a shore time aftfcr by seme other persons , who got him out , and he ¦ was c-in-FsTEd home . Medical aid" was-called , aEd tbe pros ^ cntor was confined to : tbe house for a week in conseqnBoce of tbe iEjuries be r&csiTtd . On the same eveinr . 5 , EtshfB , Fnpsrintendtn * of police at Dancaster , tec-i-= ^ d information of the robbery , and he very shortly caused three men * to be appreheaed , one of ¦ wb ^ - rii the proBtBator positively identifibd , but he c ? -uld not ? i » = * k Mrizh Certainty to the otters , and they were discharged .
Tie defence was that the question for the Jnry ¦ Was as to identity , -winch Mt- Otebisd contecded riftr uot b ^ en safficidEHy nu- « i « oat to wanant them in giving a verdict agsinst tats prisoner . The 3 . earned CX- <» - •>> £ ¦ ] caUcQ a witness , who gave tbe prisoner an ex- - ^ -nt cbirncter . —Net GaUty . Ji . a 3 Wiietziley a'ss cia ^ e-3 with having , at " Leeds , on * _« r 21 st b : May 1 S 42 forged and * pnt off a certain proE . tsy « ry note , pnrt-orring to be the note of the Xe * -s Union Binking Company , wilh intent to defran « ne Wiliiam Rjsb .
Hi . Ellis w ^ s for the prosecntion . appears that in the mj > i » tii ^ f April , 1 S-42 , tfce priBouer b » d by mis-I 6 pr-a » n * atioa joaaced s TcspeetabW engiaTer in l ^ eds , of Lcr * : iame of ? f : cfcoison , to engrave him a blank lorn . soiuewLa rei : inbl ! Bg an ^ mfiliefl np note of the abuTe c--nipao 5 ; and on the day charged he attempted to <* i ? pos 6 of one -si 2 Q be had filled np to Mr . Rraje , of LrtL ^ a , ero& = r . The counterfeit was immediately detec '~ i by * bat gei-aeman , and be gave tbe prisoner into cu s- Aj . Gil . ry . To be Jiansported for ten yeara . Gtvr ^ e G - en 20 , was charged with having , on the 2 n- " .- - » ' January ' . ast , at Hcsbngton . broken and entered an ou .-h-. ^ ase adjoining tbe dwelling bonse of Wiiljaai 2 lilr < r , 3-. < 1 stoibu tasrefrom a quantity of linen .
J ! r CtJiREB was f-r the progecution . The prosecut > - r £ s :-ie » a . i H -slraston , and bis wife takes in linen * o -w ^ ili . On Monday the 2 ad Jatnary , she washed a Buinjta 1 ol tiuigB belonging to Mr . Newstead . of Tori , nr * d the Pri&i > ls' School , whi-di -= vere left safe in the ~ i = b bouBe 2 . 1 night . Next morning the de > or was found -pin , anl tbe things gone . A search was instituted , ix *! very shortly the prisoner and the lintn were f&nca concealed in a tiaj-Biieii t > tlon ? iii § to Siajjr Y » rsur ; b , Tfi « Coanafcl for the prosecution Idled in proving dil tl ^ s wa sh-bouse , was -ssithin the cniaiage of tbe dWrjjEs-iouse , and under the direction of the Learned ¦ J o ^ e , i ^ ana tbe prisona Guilty of Larctny . To be imprisoned aad k « pt ai hard laoour foi nine Ca . tJilar mantha . Tiie Court was then adJDurned .
MoiSDVF , iLiBCH 20 . Samud Sleding . 27 , Thomas Gurtick , 30 , and Wm . Gariick , 22 , Were indicted far h&vins , on the 30 tb of January last , at Huddersfield feloniously an 9 violfintly assaulted Wsi . B- ^ uje , on the highway , and stolen from his person sixpence hi saver and one penny in copper , tie property ef the sud Wm . Bittje . Mr . I 5 GHAM and Mr . M 0 XTE 1 TH were foi the pro-» ecnU « Q . aflx . Wixki « 3 defended the two ^ tarlicka . Slediug was nrdefended . The prosecntor is a young » an » bout sixteen yeara of ^ age , and on the 30 th of January last he went to viiit iia parents , who teoAt at-Birkenshaw , Hb -was
Tatar ing to Hillhoase , neai Hud ^ ewfiala , at which -place he workea , and onhia road he'had to pass an inn tailed tha Woodman . "Whan he tad got a short diatones past ^ fisinu he < ame np with-three men , one of * r £ om { Sieding ) aftercovertog ttoprosecutort mouth , with his hsnd , taocked-kim down , and the three nien gave >»^ tti sensial iietB -wbile its -maa down . Sia ^ octe ts wftis tbsa rifUa , ana thfl msjiEy meationed in the indbbnent wa 3 abstracted , they also iook bia hat , and tbsn made off He called out several times during the period that he was strnpgling wiai thfr men , and a person on eoaiing out of tiie Woodman , found him laid n 1 ia road bl&eding ; aad by him he was conveyed to theTV /^ jp-m , T * " » p-wswD ' or cori * f \ ~ ot ident'fy any of toe prisoners except mooing , dm wimeasea were
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called wao deposed to having seen * them together " larking" near the place where tbe robbery was committed a short time before As taking place , and they were talr « n into custocy on the turnpike road ft short distascu from the place , and had been seen for some distance in company . The nigbt was Jark , arid tbe question of identity was strongly put to the jury by the Learned Judge in his summing up , u well as by Mr . Wiikinsin his address on behalf of his clients . Tbe jnry , without retiring , and after a moment's deliberation found all the prisoners Guilty . Tbe prisoner £ ieding was sentenced to be transported for life ; and the two G&rlicka for the term of twenty years
Thomas Greaves , ( 18 ) William Holding ( 27 , ) and Jaws Scholefield , ( 27 . ) were indicted for havin ? , on tbe sorb of S--ptfB > btr last , on the highway , at Leeds , assaulted Richard Tickers , and stolen from his persor tvrecty sovereign's , fiftetn half sovereigns , a £ 5 note , and othfj property . Mr . 1 ?> ghjm and Mr . Price were for the prosecution ; the prisoners were undefended . The prosecutor is a dealer in calves , and resides a 1 Addingbam , near Skipton . On Friday , tbe 3 « th o ) September last , he had been at Leeds , disposing ol intae calves , for which he received the ranis of £ 32 10 s raid £ i 10 s ; 'the money was In field , and a £ h bank ol E : i gland note , which , money all but two sovereigns be pnt in a pniBe , or in an ioside waistcoat pocket
He left Y-car ' a Croft , Leeds , fabout eight o ' clock ai night , along with Eli Dejves ; and , afier crossing Wood ' hou « e Moor , he called at a butcher ' s shop , where he stopped ibout half an hour . Delves leaving him thtre Be itne prosecutor ) proceeded on the raid home alone mid about ha . f a mile beyond Headinslby . he was 8 ud > denly serzsd , dragged off his poney , and thrown en t < tbe srounrt . Ee was then attacked by four or flv < men . one of whom placed bis band over his month , U yr ? -renx . his crying ont , and during thiB time a fingei eot into his muath , which he bit most severely . Ht sirugrled hard v / tlh them , and one of them said " D—n him , if he does not lay * till , stick him . " Thej used great , violence , and , in order to get possession oi his money , cut his waistcoat , and tore his pocket tut Tbe ? robbfcd him of £ 32 10 s , He supposed it niusi
hsTe feeen a little aftti nine o ' clock ; it was dark ; bul he conlJ sweai to the prisoner Greaves , -who -was the min he fell npon the first . He also }* - -st amemcrindum Wok . a kp y , and his hat He found a hat on the road after tbe prisoners had run away , which he gave to Mr . JU-ad , chief constable of Leeds , and which was sworn to by several witnesses as having belonged to the prisoctr &reaves ; and when the prisoner Howling was apprehended bia finger was found to be severely wounded , whkb he first said had been cut by a inrfe , and then b $ a piece of glass ; but a surgeon who examined his hand j ; ave it as his optniiJJ that the wound had beta eaaaed by a bite The prisoners had been Ef-n to ^ -ther on Woodhouse Moo r tbe same afternoon ; tbxjy wera prsved to h : ive been very sbo : t of money b .-fcre tnt robbtry , aril were -shown to have been spenii ^ S ii vtry freely after the robbery .
S-. T . r J witiiesses were calitrd . each of whom clearly broojlit the crime koine to the prisoners ; and tie Ltarned Judge having summed up , the Jury , without hesitation , returned a verdict cf guilty against all three . They were sentenced to be transported to £ f : een years tach Henry Store- ; , 32 , was inflicted for having , on the 7 th of March , 1812 , at tie borough of Hall feJonionsly ntitied , disj > osea of , and put off a certain promissory Dole io 7 the payment of £ 22 3 i 6 d ., with intent to dfcfiand one William Irvin , well knowing the same to be
forced-Mr- AECHB 0 LD and Sir . LlDDELL were for the prosecution ; Mi . Wiliiss defended the priBcntr . The prosecutor in 'his ease is one of the firm of Wm . Irving & Co ., EiX-drciscrs and dealers in hemp at Hull , and tbe prosecute ? is a Tope-make * residing at Filey , near Soarburough- The note was given U the prosecutor as security for half a ton of hemp , and purported to be signfd by the prisoner ' s bri-tner . and Mr- Felliskirk . also o * Filey . On the note b ecoming due , the signs tarts were discovered to fee fo .-geries . —Gui ' . ty , but recoir . wended to mercy . Sentence deferred .
Etfuxird Petty , 28 , was charged with having on the 7 tb of February last , at Bamoltiswick , robbed Joseph Windle of a Bovereign , and £ 3 lOJ , in silver . Mr . WaSSST was for the prosecution , and Mr . Heato . n fur tbe prisoner . Tbe prosecutor is a carter at Bar-2 o 3 dswick , and on the evening of tbe 7 tb of February be was returning home from Hartley , in Lancashire , a distance of about twelve miles Hs was sitting up in tbs corner of hiB cart haif a tleep , and when he had ge > % to TnbbLT Hill his attention was attracted by his bcrsc stopping , and on lookin ; up be saw tbe prisoner near tbe end of the cart . It was a moonlight nigbt , and the prosecut-TT bad known the prisoner for several yenrs before He said " Hollo , ltd , is that inoe 1 " Tbe prisoner replied " May I ri ^ e with thee down to
Barnoldswick , Joe , " prosecutor said " Aye , jump in lad , " and he did so . Another man also got m ' . o the cart from tbe shafis , and tbe men said to Winnie " Now , thon must delivtr up thy brass , or we ' ll till thee in a minute" The pro ? ecuttr was struck several time * 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 . )" Pro = * cuVj said he bad not , prisoner called him a liar , and the men then cm tbe laces of bis boots and took them away . The prc * tcntor was rather stunned by the b ' oi- ? . -n-eut to the Ef- ^ r- st farrn-bonse and obtained a
pair of shoes , and then went to Bi ^ noidBwick and gave information to K' 115 , the constai-le . He , boweTer . was lame , and conld not rendera . cy assistance , bnt Windle w ? nt into the Cress K-ys pnbiic-houst ! , und asked Utb . K . binson , the son of the landlady , to assist him . He did so . snd foni ^ d th e pri * oncr sitting bj the fire in hia mother ' s honse , in his shirt sleeves . He went to get farther assistance , but when he ar . d others returned , it was discovered that Petty bad Tnade his escape , and he was not sp * -rehended for a wrck " or ten days after that time . Witnesses were ' called to prove an alibi , bet ihis failed , and the Jury returned a verdict of Gailty . —Fifteen years transportation .
SUBSIDIARY COUBT—Satu&dat , March 18 . ( Be / ore the Hon . J . S Wort-ey Q . C . J ThovtasGZedhall , 18 . and Abraham Furra * . 20 , pleaded guilty te stealing at Swillin ^ ton , on the 14 tb ol Nov . last , one ewe , and "With killing one other ewe , with intent to fteal the carcass . —To be imprisoned . four calender months to hard labour . John Burton , 38 , was charged with stealing a great coat , the property or James Dixon , at Sedbergh . > ir . Blans : ia&d conducted the pi « secution , and Mr . Deaslet difen led the prisoner , who wa « found guilty , and sentenced to be imprisoned for three calender months to bard labour in Wakefleld House of
Corr&c-uon . Wi'iiam Storer and Thomas Rtbizson were charged witk breaking into the dwelling-house of Wai . Roukley , at Crookea near Sheffield , and with stealing various artielus therefrom . Mr . Pashlet and Mr . Smith ¦ were fv > r the prosecution ; the prisoners vere undefended . The Jury found Storer gu . lty , and the constable proved two previous convictions against tbe prisoner , wbo -was sentenced to be transported for ten years . Robitisoii -was acquitted-Samuel Mortimer , 40 was charged with killing a sheep at Haifitld , the property of Francis ShincUff ., with intent to steal the carcass . Mr . ROEBUCK and Mr . Aspi-nall were for the prosecation ; Mr . Wilkiss
defendtd the prisoner . Tne prosecutor is a small farmer living near Thome , and in February last he ha < l three sheep pasturing in a field , which be saw safe on tbe evening of the 11 th of that month , anil on the following morning it was discovered that one of them waa slaughtered , and tie carcaaa taken a'way . TDe prisoner ' s house was eeaxchtd , and several parts ef a sheep were found in it and in an adjoining rush stack , one of which corresponded with the skin left in the field . In cross-examination il appeared that there was only a very small piece of mutton found in the prisoner ' s nouse , and that the stack in which the ereater part of tUb meat was found wa 3 a distance of J 00 yards from the prisoner ' s house . —Not Guilty .
MOJ'DAT , MAHCH 20 . Before M . T . Baines , Esq ., Q . C Joseph Pollard , 37 , was charged with having burglarir-asiy entered tbe dweilii g house of John Patchett , and stolen therefrom 166 lbs . weight of bacon , one gallon of gin , and other articles . Mr . Pashlet was for the prosecution ; Sir GREGORY Lewim defended the prisoner . It came out in the course of the trial that there was no case against Pollard , and that tie fiuihy party was a man named Wilkinson , who h 8 d been committed for trial , bat the Grand Jury bad ignored the bill . The Jury , therefore , under direction of the Judge , acquitted the prisoner . William Myers 32 , was charged with having feloniously as 3 au , ted William Myers , and with having stolen from hia ptison one gun , the property vf Wm . Rhodes , Esq tt Arthington . Mr . Oveeesd was for the prosecution . Sir G . Lewis defended the prisoner .
Tbe prosfccotor is a farmer at Arthington , and on the night of the 19 th of October , be went onfc with the gamekeeper of Mr . Rhodes , of Kirkstall Hal ) , to preserve the game on that estate . The prosecntor had a gun in hiB band , and they encountered a gang of poachers , of whom the prisoner was one ; on coming up , the prisoner and the prosecutor had a scuffle , in which the prisoner wrenched the gun from the pro-Becutor , who waa also much ill-used by the other poachers , and bnt for tb * interference of the prosecutor would probably have last his life . ' The prisoner carried away the prosecutor's gun ; bat the Judge doubted that then was any proof that the prisonei had taken away tbe gun feloniously , with an intention to convert it to hiB 01 m use ; it rather appeared that he had taken it from tbe prosecutor for the purpose of disarming him . II that -were the case , then , however guilty the prisoner might be of another effence—that of night poaching—he was not guilty of the felony .
The Jury returned a verdict of Not Guilty , ani the prisoner was discharged , after an admonition as to his future condnct Thomas Ravmslsy was charged ¦ with stealing from the dwelling-house ef John Priestley , of Bradford , a quantity of wearing apparel . Mr . Charles Hakdt conducted the prosecution Tbe prisoner was undefended . The prosecutor and bis wife were from home on the 17 th of Feb'Tiar ? Lart . * nd on their return they found u » i me quubd liau iwi tuvorou , < u > u « aim , oi i ~« . a ' s
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clothes , a handkerchief , and other articles stolen . These thing ; tbe prisoner was proved to have pledged at Halifax , on the 20 th of February . Guilty . —To bt imprisoned eighteen calendar months to bard labour . William Tessyman , 52 , was charged with having , on the 18 : h of Oct . last , at Stonebeck-down , feloniously stolen ten wether sheep , the property of William Forster . Tbe sheep were seen in the field three days preceding the robbery , and on being missed , w 6 r « traced to Leeds , where it was ascertained they had been sold on the 19 th of October . The sheep wen marked " R W . " on the boms . The Jury found the prisoner Gailty . —To be trans sported ten years . Jeremiah Barlow , 22 , was charged with having or the 23 rd of October , at Doncastor Btolen a gel din ? the property of Joseph Maehin Axo . Mr . Blansham and Mr . Wa-lker were for the prosecution ; Mr . WlL KINS defended the psiaoBer .
The prisoner was found Guilty , and was sentenced to be transported for ten years . James Scott , 26 , was charged with having utterec and put off a certain forged promissory note for th < payment of five pounds , purporting to be a note of th < Halifax and Euddersfleld Banking Company , with in tent to defraud Richard Varley Mr . Buss and Mr . Pickering conducted thi prosecution ; and Mr . Overend defended the pri soner . The prosecutor keeps a small shop at Stainland , ii the parish of Halifax , at which place the prisoner , wh < is a delver , also resides . On the 1 st of December Scott went to prosecutor's shop , and asked him fo ; some blasting powder , in payment for which he ten dered the note in qnfetion , saying he had received i from a stranger . Tbe prosecutor at once detected th < counterfeit , and requested the prisoner to wait till h <
put on bis coat , and he would go with him to tbe party They sought for about two hours for the person fron whom the prisoner alleged he had received the nota but did not succeed in finding him , and tbe prisonei was in consequence Riven , into custody . Oa the 26 ii of November , the prisoner was at a paWio house al Rastrick , in company with a man named John Clegg to wbum be gave a £ 0 note to get changed ; C ! cg £ took tbe note t » tbe landlady , for wbicb sh « gave hill five sovereigns , which were by him transferred to th « prisoner . The note subsequently went tbrouth th « hauds of several persons , and was ultimately returned to Clegj , who went to the prisoner ' s house , when tbf father of the latter received the note , and gave Clegj fire sovereigns . The learned Counsel for the prosccu < tion hating failed in pro / ing the guUtj knowledge ' ol tbe prisoner at the time of the transaction , he was ac quitted .
Henry Turner , 31 , was charged with stealing a mare , the property of Jvhn Maugham . Mr . " Walker and Mr . Asi-inall were for the prosecution ; ihe prisoner was * undefended . The prosecutor resides at Thorpu , in the parish ol Kimberwonii , a short distance from Doncastor , and or the ^ fttraoon of tht 29 . b August lost , between one and two o ' clock , tho ni .-ire in qu--st -on was turned into s field , from which place it was missed on the following morning . On the afternoon of the 25 ) ib , the prisontii was seen riding on an ass from Doncattsr in the
direction of the field out of which the mare had been taKen , and the next day tbe ass was found in that neighbour ' hood . About two o ' clock on the morning of the SOtb the prisoner was seen riding npon a horse resembling the 0218 stolen towards D mcuniei . Information ol these circumstances were forwarded to the police , and in consequence the prisoner' .- , premises were searched and the prosecutor's mare was found in the stable , fje prisoner , in defence , said that he bought tbe mare of a man named JoLn Smith far six guineas . — Gnihy . T < - > be transported for fifteen years .
William Smith . 28 , w : is charged with having burglar . ou 8 ly entered tbe dwelling-house of Pamuel Hull , with intent to steal therefrom . Mr . Raise appeared for the prosecution ; and Mr OvEREjiD was for tbe prisoner . The prosecutor residei in Marsh , Southowram , and on the nigbt <> f the 26 tti ol November , the family retired to rest about ten o ' clock , at which time the doors and windows were stcure . Between three : and four o ' clock the ntxt morning , the servant was awoke by a loua noise In the 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 band , and said he would shoot him . The servant answered ho thought he would not , and the man tun . ed round and' went away . Nothing was taken from tbe premises ; and the Jury baing of opinion that no felonious intention bad been proved , acquitted tbe prisoner .
John Straine , 21 , and Benjamin Hartley were chnrged with breaking into tbe press shop of Messrs . Hirst and Co ., and stealing therefrom fourteen worsted pieces . Mr . Thompson conducted tbe prosecution ; tbe prisoners werfa undefended . The prosecutors are cloth and stuff dyers and finishers at Halifax , and about six o ' clock 111 the evening of tbe 11 th December last , one of tbe firm was in tbe press Bbop , and on leaving tbe place be left all safe ; he returned again bstwsun nine and ten ; when be found the press ahop door broken open . About balf-pjst eleven tbe same ulgfet , the pribontr Swaine and another person were seen not far from the warehouse with a sack each on their backs ; that upon befog called to they threw tbe sacks upon
the i ? ruund , but Swaine toek his up and walked away . Hi-, fiowavpr , npptareii to have again dropped tlie sack , for upou scacb being made , tt' -y were found within a few yairta of tach other ; these sacks , up « n kXiDiiuution , were fouri'i to OjtBtain ti-e articles ua : « ed in tbb indictment . The prisoners were seveial times seen in company together on the night of tho rofcbery , which CBUstii their app-tbenslon . Guilty . Sw ; . ine having bten previously convicted of felony at Leeds , was sentence-. l to fifteen years' transportation- Hartley had been convicttd during the present ass z ¦ % under the name of Mason , for highway robbtry near Bradford , and was not sentenced upon tbe present conviction .
Daniel Barker . 57 , was charged with breaking into the dwelUrg-house of Samuel Norman , with intent tc steal therein . Mr . appeared for the prosecution ; and Mr . Overexd defended the prisoner . Tbu prosecutor resides at Welbury , and on tbe morning of tae 17 tU of Jauuary last , about a quarter past two o ' clock , bis son was awoke by a noise in the hunse , upon wuicb be got np , and on looking thruush tbe window , saw tbe prisoner in the « h » p . About an hour afterwards they Went to the prisoner ' s hunse , a dint-mce of about tbree miles , when they found tbe prisoner in bed . The unly witness examined were the prosecutor and his son , and in their cross-examination it was elicited that some ill feeling had existed bttween the parties respecting an ass , which the son charged the prisoner with having stolen from him . The depositions taken before tbe committing magistrates differed materially from the evidence now adduced , and the Jury acquitted tbe prisoner .
John Blacker , 21 , pleaded guilty to having , on the 2 Ut February last , at Swimfleet , feloniously stolen six silver spoons , and five pbited Bpoons , the property of Josuph Paikia . To be transported Ten Years . John JUaJJier , 26 . was charged with burglariously entering the dwelling bouse of Natban Holmes , and stealing therefrom one hundred yards of woollen cloth , one silver watch , one pair of black cloth trowers , and other articles ; and aiso 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 the prosecution ; the prisoner was undefended .
The prosecutor is a tailor and draper . sflt Ke ' gbfcy , and on the 28 th of December he aud his wife and daug&tt-r went to bed about balf-pasfc t $ n 0 clock , when the home was examined , and found to be secured in the netul way . Tae daughter was the first down stars on the following morning , about seven o ' clock , when she discovered that tbe house had been entered by the kitchen-doer , and the articles named in the indictment were missing . Part of the stolen property was subsequently traced to the possession of tbe prisoner in Biiton , and some of the articles wew pawned in Brauford by a woman , at the r < quoet of the prisoner . Guilty—To be transported fifteen years .
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NISI PRITLS COURT , Friday , March 17 . 1 clocgh v jamls . —( Special Jury . ) ( Before Mr . Baron Parke . J Mr . Wilkiks an « l Mr . H . Hill were Counsel for the Plaintiff ; Mr . Knowles and Mr . Hall for the Defendant . Tt > e following gentlemen were sworn on tbo Jury : — W . Platt : Braciob 3 TF , cf AckwortB , Esq . John Ridsdale , of Headirgley , merchant . J . L , Hartley , of Middleton-Tjas , Esq . Robert Ramsay , of Middlesborouab , merchant .
Fnmcis Hobson , of Ecolesall Bierlow , merchant . James Stock , of Fisher-Green , in Honley , merchant Joseph Harrison , of Ormsby , merchant . Henry Cholmley , of Bransby-cuni-Stearsby , E » q . John Mason , of Ormsby , merchant , Thomas Etty , of St . Michael ' s , New Malton , merchant . Robert John Illershaw , ) Tolo . _ _ Willliam Pass , } Talei ! nMIU At tbe request of tbe defendant ' s Counsel , tbe witnesses on both sides were ordered out of Court .
Mr . H . Hill opened the . pleadings . In this action Thomas Glough was the plaintiff , and William James tbe defendant . Tbe plaintiff complainB that tbe defendant assaulted and seizsd and laid hold of him , and forced the plaintiff to go along divers streets , and imprisoned him in a cell for several hours , and afterwards imprisoned him in a yard till he was released . The defendantpleaded Not Guilty by statute . Mr . WiLKiNS said that if a judgment was to be formed , from the note of preparation on the ther side , of the nature of the fight in which they were about to
engage , his opponenta were in earnest , for they had adopted a proceeding which was somewhai unusual in cases 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 . Glough , was a man in decent circumstances in the borough of Leeds , who was formerly in trade in that town , and whilst so he became pretty well known to tbe defendant . The defendant was Mr . James , who was the Superintendent of tbe Police Force of the Borough of L < -od 8 . Of coursa , if his Learned Friend cvul ^ uiA . U _ . ^ u . c& hii t-k . 1 , ; i - » uulu uuku tL « J
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assault complained of all the more serious ; because it could not redound to tho credU of any peace-officer ; nor did it eay much for the security , and peace , and tranquillity , and comfort of the people of Leeds . Tbe plaintiff on the 31 st of December , in last year , was employed in soliciting orders , he being the agent for tbe sale of ale and potter , and an article called black beer , of which the people of Leeds were very fond . He bad called at tbe Union Inn , in Ludgate Hill , to solicit oidera ; and whilst engaged there in the chit-chat of the day , a gentleman named James made his appearance ;; npon which the plaintiff happened to say to a man named Richardson , who was sitting with him in tho snug , "There is a man who is no friend of mine "; and being asked who it was . be said it was "Jemmy
James , alias William James . " Tbe Superintendent at once pronouncod this an insult upon him ; it was , as an oracle of tho night immortalized by Shakspeare bad said , " flat burglary . " Ho , therefore , walked up to the plaintiff , put hia flat into his face ; and made use of some expressions which ho would not repeat . He asked him what he had to say about Jemmy James ; but the plaintiff kept his temper , and laughed in his face . Aud he said , making a low bow to atone for his former error , " Mr . James , the next time you approach me , I will thank you to do bo without very nearly knocking down my daughter . " Upon which Mr . Jamea waxed wrotb , called him a scoundrel , and said he
would have him taken up under the Borough Police Act , and would fine him £ 5 . Out of doors be went , and in a short time he returued with two police officers , : whom he directed to take the plaintiff to the station i bouse , and he told Mr- Ingtaam , the constable ef tbe ' night on duty at the office as Inspector , not to take ' bail on any account whatever . The officers obeyed , ' and the plaintiff was taken avray to the prison ; and ! there he was kept till the afternoon of tbe next day , whun he was discharged . And it was for this violeut proceeding that the plaintiff now sought compensation tat the haruls of the Jury .
David Liking—I am a mason , and live near Richmond , in tbe Noitb-Riding of thia county . I hud occasion to attend tbo Lueds Borougfe . Sessions laBt Djcember ; I remember being on the 31 st of December last , in tbe Suug at the Union Inn , at Lseda , between hulfpaat ten and eloven o ' clock . Thus . Clough , the plaintiff , his wife and daughter , and a person of the name « f Kichardbon , were present AH the parties were entire strangers to me . I remember Mr . James , the defendant , coining into the r « oni . 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 te Patk-107 . He said that to Clouch . He said be would
have him locked np till Monday ; and be should have no bail ; and he would fine him five pounds as a rogue and a rascal . When he used those words he bad his flat doubled in Mr . Cl / Ugh ' s face all the time . James then went out of the Snuu , and returned in a short time with two policemen . He told tbtm to take away that man Clough and lock him up , and he was to have nu bail till Monday morning . The policemen took him j Ciotigh had dono 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 tbat was , nn > l Clough said , " It is Jt-inuiy James , alias William Jauias . " Tuat was before James spoke to Clough in tbe first instance .
Cross examined—I was stopping at the Union Inn during the sessions . This occurrence was on Saturday ni-ght . I drank winy and water . I bad had tea in anotber room before I went into the snug , about ten o ' clock . I was subfcened by Mr . Naylor , about the settlement of my sou . I bad seen Clough two or three tinjos before tbat nigbt , at Mr . Sadk-r ' s , the Union Inn ; and once or twice in the market-place . 1 do not know who Kichariison is . James was in tho bar speaking to Mrs . Sadler , whtn Richardson askt-d who tbat waa , and ctougn gave tbe answer I have eta ' . eii . Ho an 8 wered bo loud that Jamea might hear . Clough did not say "Aye , d—n that Janios . ' I did not hear Jduh 8 say that hu would not be insulted in tbe execution of his duty by Clouch . He said be would not ba
insulted by him . I did not hear tho words * ' in bis offlca . " I did not see Clougb take a mouthful of beer and spit it out at James ; he did not , because his wife drank it off . I did not sea any tbiog of tbo kind . I did not f . c-6 him spit at James at nil . I nm sure tb it I was w'de awuke at the time . I waa sitting at the far end , of tbe snug , looking towards tbe bar . Clough sat facing the fire-place , on my right band . Re-examined . —I had got my tea in the kitchen . I was in the seat uuder the window in the snug . 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 u » ed the the words t have slid . No spitting or spirting of ule could hiive- taken placv- without my seeing it . Thomas Kicharddon—I am a pawnbroker at Iit-eds .
I ha » e n * t coutri utod towards the costs of this action , or to paying the Attorney . I do uot know tbat any of the Plaintiff ' s neighbours and friends have contributed towards defraying the costs of this action . On the last day of the year , I was at the Union Inn , at Leeds . I met the plaintiff there by accident . Whilst I was there Mr . James came into tbu bouse . I went about eight , and he came in about half past ten . CUugh was talkin" about tbe last night of the year , and he said , " A person tins come in who is no fritnl of mino . " The person of whom he was speaking was in the bar (^ joining the snu " , where wo were . 1 asked who the person was , and he aaid " Mr . James , alias Jemmy James " Mr . James attempted to get into the room , and Mr . Cloufjh ' s daughter was standing in the way , and hu
Rave her a push to get past . Mr . Clough said " I wish you , woul « l not push my daughter ; " and he said , " I will ; I will , you d—d thief , liar , and vagabond . " Ho was very much excited . Whilst he was making use of this language he clenched his fiat , and held it close to Mr . Clou ^ b's face . He said be would not he insulted by Mr . Clough when he was ou his duty . He said he would have him fined £ 0 under the Improvement Act He would have h ' m taken to tbe lock up . Mr . dough said tin begged pardon if he had OuY-ndt : d him . He said he would have nothing of tbe sort ; he would have * him taken directly . He went out , and in a few moments he returned with two policemen . He said to them , ' take Mr . Clougb to
the lockup ; and if any person comes to give bail , it is not to be taken at all . " The policemen went on each side of Mr . Cloush , and as soon as they touched him be rose spontaneously . Mr . James did not at tbat time say one word about spirting ale or spitting . He used ofttbing to wipe hia face . When the police took Mr .. CJough away they wtnt past thu House vl Recovery . Mrs . Clough and I went to Mr . Beaumont's , and Mr . Beaumont and I went to tbe Court-House together . Mr . Beuuruont offered bail for Mr . Clough in my presence He offered to di-posit a sum of money us secu- j rity for his appearance . Ho did not tender the , money , but said be bad it in his pocket . Bail was refused . The Defendant waa not there . Mr . Clougb Wes sober . '
Cross-txamined —My pawnbroking establishment is in Dyer-elreet . I have known Clough about two years ; but did nol know him when he kept tho ' public-hoiuy . I have heard him sny that be once ' kept a public-house in Kirkgate . He did Dot tell me that his license was taken away for keeping a disorderly house . Some discussion arose between the Counsel as to the propriety of pursuing this line of examination . Mr . Knowles said he wanted to show ill-will to th « police , aod'to Mr Jamea in particular . The proposed course of examination was permitted .
Examination continued—Mr . Clough did not tell me , j and 1 don ' t know why he lost his license . I know Mr . ' , Jnmea very well . He is Superintendent of the Police , ; it Leeds . He bos gone through the different gradations of policeman , se jeant , inspector , aud superintendent . , Wben James came into tbe room , I did not hear him say to the plaintiff , " Clough , what is tbe reason that I yuu insult me whr . never you aee me ? ' He said something tantamount to say ing that he would uot be iusulted wben he was in the execution of bis duty . I do not know what James ' s business was in tbu house that niyht ; I only beard after tfaat ho was inquiring for
some man . I did not hear the name of Broughton mentioned at nil . I afterwards went with Clough , at hi * request , before the Watch Committee . 16 was the Friday following or Friday week fallowing ; I wou't , be certain as to tho day . Our object in going was to lay the conduct of Mr . Jamea before the Committee . Mr . James was there . I think I was in tbe room when dough was examined . Tbo Town Clerk , Mr , Edtiiaon , was there . ; James said that Clougb 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 tbat he bad spit in the direction of Mr . James , but not at him . The Watch , Committee dismissed the charge . ,
Cross-ixamined—Th& Watch Cominitteo aBted if he would waive the legal proceedings tbat he had commenced if they would interfere ; and he said "No . " They according ly refused to interfere in it . I have been a pawnbroker ten o > eleven years in tbe s ime place . J 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 know bim in any-other occupation . William Wilkinson—I am a gunmaker at Leeds . I was at the U uion public-house on this night . I was in
the bar when , Mr . James came in . Mr . James went into the snug , and was not there above two minutes . When he came out he said to Clough , "I will put you where I can find you . " He went out and brought in two of the p olice . He then said , " Take this man to the lock-up , and tell Inghatn that I allow no bail whoever comes . " 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 his pocket
bandkerchieft Cross-examined—I Baw James apeak to the landlady when he went in , bat I did not hear the name of Broughton mentioned . John Swift—I am a dyer at Leeds . I was at the Union Inn on the last day of last year , about half-past ten . 1 remember James , the superintendent of the watch , coming Into the bar and speaking to Mrs . Sadler . Jamea went into the 8 n « K > and came out , and went out and brought in two policemen , and he gave Mr . Clough in charge to the policemen , to take him to tbe gaol , and to tell Ingham that 110 bail was to be taken . I heard no compliant from Mr . James abont spirting or spitting . I did not aee him wipe his face . He did not tell the policemer what they were to take the man away for . He seemed to bo rather in a piaaioE .
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Cross-examined—I did not hear any name mentioned wben James was Bpeufciug to Mra . Sadler . I bad never seen Mr . Clough before that night . George Beaumont—1 am a tailor and draper at Leeds . I have known Clough , the plaintiff , better than three years . In consequence of a communication to me on the night of the 31 st December last , I went to the lock-up-house in Park Row . I offered to become bail for Mr . Cloogb . I > offered a sura of money . Cross-examined-r-When I first knew Mr . Clough he w . ifl living at tbej Grove Inn ; I believe his landlord was Mr . Singleton ; bnt will not be positive . I dou't know tbat he lost ibis license . I can't say whether or
not he was obliged to leave . I have heard him say tbat the police tormented him , by going into his house when he had company , and annoying his company . I suppose the police j went to see what sort of company he bad . I don't know tbat since be left tbe bouse Clougb has beeD brought before the magistrates for insulting the police . I have heard say tbat be was fined onee . He was guing 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 bim , and be said he would go along with him . I don't positively know tbat be was fined . 1 was not wiih him before tbe magistrates .
Thomas Weare—1 am a wood turner at Leeds .. On the night of the last day of the year , I was taken into custody for ] assaulting a person in the street . When I was taken to tbe police office , Mrs . Clougb and Mr . Beaumont were there- I heard them off- ^ r bail ; it was teftisad ; I was put down stairs into tbe prison . Mr . Clough was there , and a man named Broughton . That was about half-past eleven . We all three staid in that place till theimarning . They did not . furnish us with a bed ; we had nothing to lie upon but the forms . About nine o'clocfc in tbe 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 peopia there . Mr . Clough was kept till between one and two o ' clock on Sunday . j Cross-examined—1 hid not hear what passed before the mag ' -strates .
Mr . KnuWles itben addn-ssed the Jury for the defendant , and said : that he should show them that the plaintifi spit at IVIr . Jamus , that his mouth was full of liquor , and that lie spitted it at him . He should also Bhow that when he was before the magistrate he was charged with spitting at the defendant , ar . ri in his o . u defence Clough said ho did spit in the direction of Mr . James , but not at him . At this time Clouch ^ po ' ogifii'd for the offence he had given , and piomised never to repeat it . The defendant withdrew the charge i& consequence of that ! apology . Therefore , if tbe Jury believed that what took place before the magistrate waa intencieed to iput an end to the whole affair , then the defendant on ! that ground wa 8 entitle ! to their verdict . He also noticed the fact , that tho Watcii Committee of the Loeds Council had dismissed the case on a charge being ; made by Mr . Ci ' Ugh .
Christopher Harland—I live at Lfeds , I was at Mr Saci : er ' a public-bouse on the hst day of iaa ^ ear . I had been up stairs , and w ; i . * coming oowhv ? when I heard a row between Mr C > ough aud Mr . James . I heard Mr . Clough ! call Mr . Ja-nea a bu ' . ly and and a bawdy house keeper : and Mr . J . Miies said he was upon bis businti'S ; aLdiif hK iusui ' . eii bim in that manner he would t ^ ke him tto the lock-up . I heard him say that he would aotall () W him no bail whatever . I heard James talking to Mrs . Sadler , but I did not hear what he aaid . Ho wasi inquiring for some psrson or other . I heard Mr . James say tbat Mr . Cough had spit in his face , but I never saw any such thing . He said that when they ! were biking Ciuugb . away to the lock-up .
Cross-examined ;—Mr . Jatnes did not se ; m much out of temper . I was aakwi to become a witness on Sunday week . I had spoken to one of the polico about it ; and Mrs . James sent for me to go see Mr . Norih , a Clerk to Mr . Eddison . I am a joiner : 1 have buen separated from my wife thesa five venrs ; I saw her this afternoon . I have served aa a javelin-maa ( witness produced his recommendation . ) Tbe Judge—He baa go : hiB commissien as a javelinman— I Laughter . ); Joseph Robert Atkinson , Eq . waa called arid examined on the voirdire . Ho said that he occupied rateable property in Leeds , but he did not know that tbe txpenebs of defending this action were to be paid out of the Borough Fuiiil . The Judge said that the oty ction to th 9 witness on account of hid being a ratepayer was cured by a recent act . i
The witness was then sworn and examined . —I am a magistrate of thii Borough of Leeds . I remember on Sunday , tbe 1 st [ day of the prenent year , Mr , Jamc-3 bringing a person ] of tho name of Clough before me . I happened to be at the Court Home on that day . James made a charge against him . What he said was not taken down ia writing . He charged Mr . Clnugh with having , under the txcitement of liquor , used violent language and spit at him ; which be called an assault-James did not bay what he was doing when Clough did this . Clough said he was not spirting at bint , but
spitting towards him , ) and be did not intend to spit at him He said he was [ spitting at a man of the name of Richardson , I thiiik . I am clear upon it James replied tuat be could not | be spitting at any one else but him , and that from tUe language be used he intended to . insult him . Cl ; mK , h siid he was very sorry , and he hoped Mr . Juines would overlook it ; that it should no : occur aaain . James reuilied " I only waut him to conduct himself quiet ' y towards me . " Clough promised that he would do so Ui future ; and then James sail he would not press the case-any fuither , and it was i . HsTuissed . that
Cross-examined ^— I understood Cl ^ ug h to he would not do so fn future . I don't think hu said that he w . i 8 very sorryUhat Mr . J miestook it as an tffence , and he woul 1 not do it again . He aaid be was not spitting at , but towards him . Mr Edward Ktart—I am tbe Chief Constab ' e of Leeds Mr . J sines is the Superintendent , and next in rank to me . We aTe appointed by tho Watch Committee under the Municipal Act . I rrmerober on the 31 st of D tcember last ; siv ' u . p Jamea a warrant to execute ngaiust a man named Breughton . The warrant produced ia the same . The warrant was read- It \ as signed by Richard Bramley , Esq ., and was to apprehend Taomas Broughton for breaking windows .
Cross-examined—I was present at the hearing of James ' s complaint ! against Clt / Ugh . The expression that Ciough used when James aaid he had been spitting at him , was , as nearly as I can recollect , that he would take care it should not occur i , g ; iin . Mr . EJwin Eddison—I am tba Town Clerk of Leeds . I occasionally attend the meeting of the Watch Committee . I was there on the 6 th of January , ami recollect seeing Clougb ; there . Clough charged James with having brought him to prison without sufficient cause , and refusing to take bail . Me . James said that he had 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 bo cartain as to the - word 3 . He said he was spitting to wards a man [ named Richardson . The charge was dismissed . As Town-Clfcrk , I know that James w \ 3 appointed Suporintehdunt un-let the Municipal Act .
Cross-examined- —I told the Watch Committee that if they were to enter into the charge they must have a distinct understanding from Clough that he would proceed no further in the proceedings he bad coruin-juc-d before they gave their decision . He refused . Mr . WiLKiNS said that he had once read a passage in an old play—r" flourish of trumpets j enter Tom Thumb "—and he { really thuught that this was applicable to the conduct of hia Learned Friend , when he hud talked of the irreproachable and spotless conduct of his clients , the man j who bad gained the applause and esteem of the public , far aud wide . He had no doubt that Mr . James had been a vary vigilant , active , mdrritorioas , and in some respects a very useful c-ffi : er ; and he was uot at all surprised tbat his Learned Friend should vaunt his proceedings in tho Borough of Leeds ; but be had shewn that this Defendant , with all his knowledge and experience , had acted in a manner which would be a disurace to the lowest police-officer
in Leeds . On the other hand his Learned Friend had asked them to believe that Mr . James bad been made the object of oue of tile most outrageous attacks that ever was witnessed , and that had rendered bis conduct venial ; but it would be for the Jury to jadga upon the facts of the case as they bad been laid before them ; and after having done bo he had 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 he hai his remedy against jthe plaintiff by summons , when he nvgbt have be-m fined to tbe extent of £ 40 . But hia friend hod said that shaking bis fist was an assault Why then Mr . James , had committed an assault , because it was proved tbat he had not only used the worda which ho jwt-u'd not repeat , but had held up his clenched fist to Mr . Clougb . He contended that none of the witnesses for the defence had contradicted those which be 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 sui ; h a fair compecaation as they should think fit for the losa of his liberty , unlesB they should be of opiniou thatja satisfactory defence was made out Every constable at common law , as well aa under this act of Parliament , } was perfectly justified in taking up and earring before a magistrate any person waora . he sees committing a I breach of the peace ; aud if he was the persan against : whom the assault was committed he
might take the party into custody himself , becany s in tbat case a ] constable was the same aa a third person . The first question that he should ' ask them to decide waa whethar there had been an asss mu committed before I the apprehension of the plair tiffand upon that question he might observe tbat if they were satisfied , that there had been a spitting against the plaintiff tbat would amount to a breach of the peac .,. The second question would be whether the defendant believed at the time he was acting under the authority of the Municipal lAxst ; because , if so , he was entitled to certain notice ( of action , wbich would afferd time to make accord arid satisfaction before tb / a action commenced , j
The Jury retired about three quarters of an hour , and on their return said , in answer to the flrat question that they found for the plaintiff . '
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With respect to the second question , more difficulty arose , and the Judge explained it at considerable length ; bnt 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 hi the belief that he would be supported , and have the man fined ; but we are unable to say under what act . The JUDGE—I am afraid you must say ., There are so many points in thia case that I don't wonder at your difficulty . : The Juryman said , after a pause , we believe that he was acting under tbe impulse of excitement , and vindictively .
The Judge read over the evidence on that point . The Jury , after a further consultation , said—We believe that he acted with great impropriety , but that he considered that he was acting under the authority of the Municipal Act Then the Plaintiff must be Non-suited , aa he baa not given the notice of action required by that act . The Plaintiff was Non-suited accordingly .
Monday Mabch 20 . CBefore Mr . Baron Parke . J Felix Booth , 35 , waB charged with having , on the 15 . h of December last , at Hull , feloniously written and sent a certain letter to Sir Felix Booth , Bart , threatening to accuse him of an infamous crime , with intent to extort money . Tbe Hon . J . S . Wohtley , and Mr . WiLKiNS weie for the prosecution ; and Mr . Bliss defended the prisoner Mr . Wort lev stated the case , observing that it was one of a most serious and painful nature ; serious in its character , and painful from the connexion between the prisoner and the prosecutor . The case which he had to bring before the jury , waa tbat the prisoner had 1
addreFsm . to Sir Feiix Booth , his relation , a letter hi wbich 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 thafc letter and used that threat and that accusation for the purpose of extorting f .-om Sir Felix Jiioth , money for his u mi purposes . By an net passed in the 7 th and 8 th of Gfr : < rye 1 Y .. tbat offence was made a felony , and if a party be convicted of it he must undergo the punish * me t wbich all would feel was well deserved and most due for such an effence . The prosecutor was a gentleman whose name might be well known to some of the jury ; be was a gentleman advanced in Me , whoup to this time had lived respected and honoured by all who have known him : He had served the office of Sheriff
of London in 1 & 38-9 , by tbe election of his fellow citizens ; has ranked in high society , and has been honoured by persons of hi « h distinction , and has won for himsalf 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 Eivin ^ of his name to newly discovered land . Sir Felix is also a distiller , being one of those persons Wh » have raised tbemselvss to high stations in society by their own cxeitioas . He had a distillery In London , and one in Scotland . He also had a large brewing concern in London . The prisoner was a relation of Sir Felix Booth—he believed a cousin . His father k ^ pt a groctr ' s shop at Caistor , in Lincolnshire , and at
the tilnw of the prisoner's birth , application was made to Sir Fdlix to honour the father by becoming tbe prisoner ' s god-father . In an unhappy moment Sir Felix consented to do that , and accordingly the prisoner at the bar was named after him . For some reason or other tbe prisonei waa living away from home , and not under his father's roof . He had contracted a marriage , he kaew not and cared uot in what class of life . Jjj { jjg year 1835 he applied to Sir Felix Boota to give him some employment , representing himse . f at the time to be in a state of aHject distress . He was in the metropolitan police , and expressed great anxiety t& leave it and g ? t some employment from Sir Feiix After some time Sir FeJix consented to give him employment in one of the distilleries with which he was
connected ; and a partner of Sir Felix , Mr . Grimble , undertook to give the prisoner employment , and to let bim have such wa ^ es and such allowances as he ( Air . Griinblt !) thought proper . According to the instruct tions given to him by Sir Feiix , 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 himsalf on the laercy of Sir Fssiix 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 the distillery . Accordingly , Sir Felix Booth did consent to place him in a
farm house wbicb he bad purchased , at a place called Cat worth , in Huntingdonshire . A person named Sadler had the management of this farm , and there was a bouse thwe at which Sir F . Bx > th occasionally resided wben 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 £± Q and £ 50 a year . The only thins ; he was to do for ibis was to write a statement wetkiyofthe work done upon the farm . He and hia wife lived on tbe farm from 1835 up . to the spring of 1839 , and during that tima he , from tims to time , wroi * letters expressing the deepest gratitude to Sir Felix for hia kindness . In the early part of the year 1839 . the prisoner had got into some disputes with trie neighbouring farmers , and others at Catworth ,
which led to somo 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 bis family had to leave Catworth . Afterwords letters passed to Sir FoUx from "the prisoner , who entreated Sir Felix to give him something eise to do , and in these letters there was not the slightest insinuation of the crime to which he ( the Learned Couuatl ) should have to call their attention . The prisoner went up to London and applied personally to Sir Felix for some employment , and Sir Felix actually advanced to him somewhere between £ 200 and £ 300 for the purpose of purchasing for him a stock of groceries , with which he set bim up in a shop in Choritoi ! -stre * t , SjmersTown . He went to that shop , and shortly after applied to Sir Felix Booth for a farther advance . Sir Felix then refused to give him further assistarcs unless he would make eut for him a
statement of his accounts to show that he had been acHng properly . The prisoner then made out a statement of accounts , and after a perusal of that statement , Sir Felix advauced him £ 105 . The prisoner carried oa business , an * t applications were made from time to time of the most pressing eharaeter for farther pecuniary assistance . But still no hiut was given by the prisoner o ( the accusation which he afterwards made against Sir Fdlix . Ou May 15 th , in the ensuing year , tbe first letter arrived which hail the smallest allusion to tbat 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 Fdlix , i& was not until later tbat the letter arrived on which thia
prosecution was founded . This letter was received on tbe 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 tbat letter mention of a person sf the name of Marr . Sir Felix was extensively engaged in business , and this young man l Marr ) was a person whom he employed as a confidential clerk . That young man had very early in life left his parents , wbo . resided at Edinburgh . He bad run away from home , and had enlisted in " The Yorkshire Greys . " Sir Felix Baoth had a very high reapect for the mother of Marr , and paid for his discharge put 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 ba < i entertained a strong feeling of dislike , which had auggeated the infamous accusation which he afterwards made against Sir Felix . On the 23 rrt of Dec , Sir Felix Booth received a letter dated " Hull , 15 th 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 priseaer had written to the Commissioners of Police , the Secretary of State , Sir R Peel , and other influential persons upon the subject , and that he would continue to do bo until one or tbe other was taken up . The letter dealt in accusations which -were entirely groundless , and upon the mere incentives of his own bad passions . The prisoner had admitted in former letters that he had no claim for wages or services upon Sir Felix .
Sir Felix Booth was examinee at great length in support of the opening of tbe learned Counsel . Ia his cross-examination he stated that the prisoner bad shown hira a book , which the prisoner said would expose Sir Felix , and which he said ho would publish unless he ( Sir Felix ) purchased it , and than it would ba destroy * , d . In hia re-examination ho stated that he had reason , to believe the young . man , Marr , was bia owa son . Ot 7 aer witnesses were called in support of the prosecn * tioa , and th « prisoner Wjis found Gruilty—Sentence deferred . The Court then broke up .
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Melrose .-Fatal AcciDENT .-Qn Saturday se ' nnight tne miller of Nowtown Mill , near Melro 3 e , having observed the supply of water in the dam suddenly diminish , went to a large and unclosed pond , situate by the road Bide , where the sluice is placed , to ascer * tain the cause . For this purpose he thrust in a dung-fork when to his astonishment and horror , ha drew up the body of a little girl , the daughter of a person named Jane Mein , who resides in the villager
Another girl ,, the daughter of Adam Thompson , labourer , being missing , the motfter , on hearing of tno occurrence , came to the spot and expressed her apprehension that her child had shared the same fate . Unfortunately her fears were too well founded ^ for the next moment ; the lifeless bo < iy of her offspring was dragged to the side . The two lltile girls , who were inseparable companion j , had , while playing together , fallen , unobserved into the pond , which is of considerable depth , and were drowned . —Calede * donian Hffrcniry .
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fi THE NORTHERN STAR . ' _________ "
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Citation
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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-ncseproduct795/page/6/
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