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Northern Star (1837-1852), 25th March 1843, Edition 5 of 5, Page 6, Untitled Article

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      Untitled Article

      YORKSHIRE EPE-XNCx ASSIZES . CKOW 2 J COURT—Satuhdat , Mabch 18 .. ( Before J / r . Justice Coitman . J Tfomas Haxvam pleaded guilty to & charge of riot , and was ordered to enter into his own recognlzinces of £ 100 to appear at the next asr-ias to receive judgment . SvlcUjre SulcHjre . aged 27 , this indicted for attempt ing to fcet fire to \ he cotton-mill of Abraham UttTey and others , *! Langfield , in the West Biding , on the 21 % h of ^ September last Sir Geegobt lEtns and Mr . Pashlet contacted the prosecution ; Mr . "WtUKiss defended the prisoner .

      It appeared &at the prisoner tad been in the employment of the Messrs TTtttey for some years is a spinner , but in the latter part of Izsl year , in conse--qnence of some Improvements having been Introduced into tee machinery -which rendered necessary a smaller number of hands , hej -with eight others , was dismissed . There "was , however , no quarrel between him and his master on that account . Mr . TTtUey gave a dinner to tie dismissed workmen on the occasion of parting with them , and to the prisoner , at least , had expressed his -willingness to assist him in getting another situation . The prisoner , it appeared , however , had on more than cue occasion used strosg language respecting the Messrs . TJtUey and their mm , and expressed a "wish that it was burnt . Being out of employment , however , and an old

      servant , he was frequently in and abont the mill , and tad many opportunities of -making himself acquainted with Its internal ar-angements . It appears that one part ef the mill 1 b called tie " -willow" room , in which the cottoB undergoes one of the first operations to - which it is subjected . This is on the ground flf-or . The " -willow" machine stands in the centre of the room , and on the 24 th of September last , there was at one side , nest the -wall , a heap of cotton , which had tmdersoiie this operation , and 'was , therefore , of a li ght consistence , and very inflammable . In another corner , near the door , thtre had been left on that evening , when the -workmen came away , a ship of cotton waste . About ten o ' clock . Mr . Ultley was standing at the door of Ma own house , -which commands a Tiew of the willow-room , when he

      perceived a iight . He "was wondering whence it oould proceed , when his overlooker , who fead been at Todmorden , came up at the moment on hia way home . Sir . Uttley pointed the light out tohim , and be immediately hastened down to the willow-room , Mr . TJttley following . He found the willow-room door a jar , the waste in the skip in a blsza , and jnst communicating with a train of cotton about a foot wide , which was laid from the skip to thB heap at tiie other side of the room . The overlooker , with jreat presence of mind , cut off the commmrieatiai :, and thrusting « he skip oat of the < 1 oot threw it into file dam wluci -was just opposite . Mr . Uitley succeeded in extinguishing other portions of the burning cotton in the room . It was stated that had the fire eoaijnunicated with the heap of " willowed" cotton , nothing could have prevented the total destruction of the mill This was worth afcont £ 3 , 000 , and was insured for £ 2 . 510 .

      To « onn «* t the prisoner with this transaction , a great deal of circumstantial evidence -was cone into as to conversations -which the prisoner h » d bad -with several individuals a short time before this occurrence- He bad been seen , too , about the mill , and coming out of the ¦» illow-room sta l&te honr on that evening , without there being apparently any reason for his being there . About the time the fire broke on \ he "was met on the rt ig >> road at a distance of a few hundred yards com i ng apparenUy from the mill , and those Trio met him described certain peculiarities in bis demeanour and the expressions wLicb fell from him , which seemed to show that he -was at that time in a state of considerable confusion and aHrm . 2 > 1 t . WlXJKlXS addressed the Jniy for the defence , and , after a short consultation , the prisoner was found K » t Guilty .

      WilUam Rogerson , IS , andJosfpft Smith , 21 , were charged with hs-ring , on the 9 lh of December last , at Leeds , as&mltad Benjamin Barker , and stolen from his person a bat , an umbrella , and paper parcel Mr . Btgh Hlll was for the prosecution . The pro-Eeculor is a dcth maa&facViirer , residing at Bramley , and oaJ ' ridsy , the sth of J > ecexat > er , he iraa proceeding to Ms home Irom Xeeds , -when be came up with three men , one of whom Beiz = d him and attempted to stop his mouth , but he struggled asd called out , and the men made off , taking with them the things mentioned in the indicQnsnt , which bad been dropped by the prosecutor in the struggle , which , however , he afterwards recovered . Information was given to the police , and from the description given of the men , the prisoners "were apprehended .

      This case depended on a question of identity , which was folly mace out against Smith , and he was sentenced to twelve months" imprisonment to hard labour . The prisoner Kogerson was acquitted . Samttd FothcrffiU , 21 , was charged with baring on tie Sttih of i > rceraber last , at Leeds , assaulted . Israel Holgsie , and stoien from his person 15 a ., ten sixpences , a-sDver pencil case , a sflTer watch , a silTta" snuff-box , and other articles , his property . Mr . Ball was for the prosecution . The prosecutor is a Wesleyan minister , and resides at Bramley , near L ^ rd s . On thB evening of the daj in question , be » a

      processing towards that place from Lseds , when he was stopped "by three men , who knocked him down , and nfiitl Ms potktts of £ he articlu mentioned in the indictment , ami rsa off Information was given of tte loSbsry , and six daya after , some of the property was found in Itie possessioi ! of the prisoners wife , who said that her husband had given her the things about a ¦ week before , which slatfemeat Potbergill confirmed , and added that he had found them . He was taken into custody , and npaa the evidence of recent possesmtm , committed to York for trial . Tee jurj found tbs prisoner Kot UnSty .

      J'snxi Wibsn , 24 , was charged with hafing , pn tbe 27 th Bee last , at Doncaster , asaanlted John Smith , and stolen from hia -psraon three soTereigns , and five sy-. iniTigK , bis property . Ht . VTilki > s and Mr . AspisaI-L were for the prosecution ; Mr . O-serend dfcfenCsd the prison ** . The prssBcntor jb in tiie employ o ! iir . John Wriiht , of Doncastei , miller , and on the fcTening of the day in question lie was proceeding to Can House "with , some floor , when he was attacked by three mea who knocked him down , and rifled bis poekets of the property above menti nd . Hayicg dons this thty abused him ,

      kicked him sererely , and threw him into a pond , Trhere th ^ y leftiim . He waa found there a shore time after by some other persons , "who got him out , and he -was conveyed h-jme . Medical aid was called , and the prosecutor was confined tojthe house for a week iff con-Bequence of the injuries he received . On the same evening , EtchES , superintendent of police at Doncaster , received information of the robbery , and le very shortly caused three men to be appreheded , one of ¦ whom the prosfczator positively identified , but be could not st » sak wiife . certainty to the others , and they were

      discharged . The defence was that tha question for the Jury ¦ was as to identity , which Mr- Qtehzxd contended bad not been sufficiently mads out to warrant them hi giving a verdict against the prisoner . The l > earned Counsel called a witness , who gave the prisoner an -excellent character—Not Gniity . Join Wbeailes ) -rras charged " * Hth having , at Leeds , On the 2 l 3 t * f May , 1 S 42 . forged and put eff a certain promissory note , purporting to be the note of the Leeds ITaion Binling CompaBy , " with intent to defraud one William Base .

      Mr . Ellis was for the prosecution . It appears that in the moath of April , 1 S 42 , the prisoner had by misrepresentation indnced a respectable engraver in l * eds , of the name of Nicholson , to engrave him a blank form , somewhat resembling an nnfllied np note of the ab » . T 8 company ; and on tha day charged he attempted to dispose of one voica he had filled up to Mr . Rose , of Laeds , groosr . The counterfeit was immediatsiy detected by iial gentleman , and be gave the prisoner into custody . &ailiy . To be transported for ten years . George Green , 20 , was charged with having , on the 2 nd of January last , at Hesiington , broken and entered an oat-hc-use adjoining tbe dwelling house of William 24 ilner , and stolen tfearefrom a quantity of linen .

      Sir CT 2 BEB -sras for the prosecution . Toe prose-CnloT Tesids = » as H ^ slingion , and his -wife toiea in linen fe > wash . On Monday the 2 nd January , she washed a Dumber of things belonging to Mi . Kewstead , of York , and the Friends" ScdobI , whu ± were lsft safe in the wseti bouse at sight . Next morning the deor was found op = n , and tiie things gone . A search was instituted , &nd very shortly the prisoner and the linen were found concealed in a hay-saed belonging to Siajoi "Yarburjrh . The Ccttnael for the prosecution tilted in proving that the irash-hense was within the curtilage « f the dwelling-house , and under the direction of £ he Learned Judge , iounQ ae prisoner Guilty of Larceny . To bs imprisoned and iept at hard labour for nine calendar months . The Court was then adjourned .

      ilosDAT , March 20 . Samuel Sfefisj , 27 , Thommt Garlick , 30 . and Wm , Gariick , 22 , were indicted for having , on the 30 th of January last , at Huddcrsnold . feloniously and violently assaulted Wao . Buttye , on tha highway , and stfeien from iis person . sixpence in silver and one penny in copper , Hie property sf the said Wm . Battye . ~ Mt . ISGH ± H and Mi . Mosteith -were for the prosedition . 2 At . Wiikiss defended the two Garlicks . Sleding ^ was nsdefeDded . The prosecutor is a yonng aisn about sixteen years of age , and on the 50 th of January last he want to visit his parents , who reside at Birkmsbaw . fie -was retor ing to HHlhouse , near Huda ersfield , at "Which

      place he workedj ana on ha Toad be faai to pass an inn called the Woodman . "When ba had got a abort < Hatance past this inn he came up with three men , one of honUSle&ing ) " after covering the prosecutor ' s month , » ith his h « id , knocked iim . down , and the three men gave fri ™ Beveral KckB "while ns "was down . His pockets were then -rifled , and ths maney mentioned in the indictment wa 3 abstracted , they also took Ms hat , and then made off He called on * several times during toe period that he was ' -struggling * m \ h the men , and a person on coining out of the Woodman , found him laid on the road bleeding ; and by him be was conveyed to the Woodman . -Ths pro 5 f »« tfoT oonld not identify any of tha priaonea except Sleding , bat witnesses "were

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      called who deposed to having seen them together " larking" near the place where the robbery was committed a short time before its taking place , and they were taken into custody on the turnpike road a short distance from the place , and had been seen for some distance in company . The night was dark , and the question of identity was strongly pot to the jury by the Learned Judge in his summing up , as well as by Mr . Wilkins in his address on behalf of his clients . The jury , without retiring , and after a moment ' s deliberation found all the prisoners Crnilty . The prisoner Slcding was sentenced to be trans ported for life ; and the two Garlicks for the term of twenty years .

      Thomas Greaves , ( 18 . ) William Howling , < 27 . ) and James SchoUfidd , ( 27 , ) were indicted for having , on \ be 30 th of September but , on the highway , at Leeds , assaulted Richard Tickers , and stolen from his person twenty BoveTBiyns , fifteen half sovereigns , a £ 5 note , and other property . 2 Ar . IxghaM and Mr . Price were for the prosecntion ; the prisoners were nndefended . The prosecntor is a dealer in calves , and resides at Addingham , near Skipton . On Friday , the 30 th of September lost , he had been at Leeds , disposing of some calves , for which he received the snms of £ 32 10 & and £ i 10 s ; the money was in geld , and a £ 5 bank of England note , which money all but two sovereigns , he put in a purse , or in an inside waistcoat pecket

      He left Vicar ' s Croft , Leeds , { about eight o ' clock at night , along with Eli Delves ; and , after crossing Woodhouse Moor , he called at a butcher ' s shop , where he stopped about half an honr , Delves leaving him there . He { the prosecutor ) proceeded on the Tead home alone , and about ha ' . f a mile beyond He&dinsley , be was suddenly seized , dragged eff bis poney , and thrown en to the ground . Be was then attacked by four or five men , one of whom placed his hand over his mouth , to prevent his crying out , and during this time a finger got into his month , which he bit most severely . He struggled hard with them , and one of them said *• D—n him , if he does not lay still , stick Wm . " I hey naed great violence , and , in order to get possession of his money , cut his waistcoat , and tore his pocket cut . They robbed him of £ 32 IDs . Be supposed it must

      have Been a little after nine o ' clock ; it was dark ; but he could swear to the prisoner Greaves , who was the man he fell upon the first He also lost a memorandum book , a key , and his hat . He found a hat on the read aftftr the prisoners had run away , which be gave to Mr . Bead , chief constable of . Leeds , and which was sworn to by several witnesses as having belonged to the prisoner Greaves ; and when the prisoner Howling was apprehended his finger was found to be severely wounded , which he first said had been cut by a knife , and then by a piece of glass ; but a surgeon who examined his hand gave it as his opinion that the wound had bean caused by a bita The prisoners had been seen together on Woodhouse Moox the same afternoon ; they were proved to have been very Bhoit of money before the robbery , and were shown to have been spending it very freely after the robbery .

      Several witnesses were called , each of whom clearly brought the crime home to the prisoners ; and the Learned Jndge having summed up , the Jury , without hesitation , returned a verdict of guilty against all three . They were sentenced to be transported to fifteen years each . Haay storey , 32 , was indicted for having , on the 7 th of March , 1812 , at tho borough of Hull , feloniously uttered , disposed of , and put off a certain promissory note for the payment of £ 22 3 s . 6 d ., with intent to defraud one William Irvin , well knowing the same to be forged .

      Mr . Abchbold and Mr . iiDDELL were for the prosecution ; Mr . WiLxijis defended the prisoner . The prosecutor in this sase is one of the firm ot Wm . Irving & Co ., iLtx-drbsaera and dealers in hemp at Hull , and the prosecutor is a rope-maker residing at Filey , near Scarborough- The note was given U the prosecutor as security for half a ton of hemp , and purported to be signed by the prisoner ' s bruther , and Mr . Felliskirk , also of Filey . On the note besoming due , the signatures -were discovered to fee forgeries . —Guilty , but recommended to mercy . Sentence deferred .

      Edzvard Petty , 28 , was charged with having on the 7 th of February last , at BarnolAswick , robbed Joseph Windle of a sovereign , and £ 3 10 a . in silver . Mr . Wasset was for the prosecution ,, and Mr- He atom for the prisoner . The prosecutor is a carter at Barnoldswick , ascl on the evening of the 7 th of February he was returning btme from Burnley , in Laneaabire , a distance of about twelve miles He was sitting up in the corner of his cart half a sleep , and when he had got to Tnbbor Hi ll his attention was attracted by his horse stopping , and on looking up he saw the prisoner near the end of the cart . It -was a moonlight nigh ; , and the prosecutor bad known the prisoner for several years before He said " Hollo , Ted , is that thee ?" The prisoner replied "May I ride with thee down to

      Barnoldswick , Joe , " prosecutor said " Aye , jump in lad . " and he did so . Ancther man also got i&io the cart from the shafts , and the men said to Windle "N ow , thoa must deliver np ihy braw , or we ' ll kill thee in a minnto" The prosecutor » as su-uck several times with a stick , and robbed of the money mentioned in the indictment . The prisoner then said " This is not all , tbon has some in thy shoon tshoes . )" Prosecute * said he had not , prisoner called him a liar , and the men then cat the laces of his boots and took them stray . Th e prceecntor was rather stunned by the bloTs . went to the nearest farm-house and obtained a

      pair of shc * 3 , and then went to Barnoldswiek and gave information to King , the constable . He , howe-rer . lame , and conld not rtnderany assistance , but Windle went into the Cross 3 Lys public-house , and asked Mrs . Robinson , the son of the landlady , to assist him . He did so . and found the prisoner sitting by the fire in hfs mother ' s bouse , in hiB shirt sleeves . He went to get -farther assistance , but when he and others returned , it was discovered that Petty had made Ms escape , and he was not apprehended for a week or ten days after that time . Witnesses were called to prove an alibi , but Ibis failed , and the Jury returned & verdict of Guilty . —Fifteen years transportation .

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      clothes , a handkerchief , and other articles stolen . These thing ; the prisoner was proved to have pledged at Halifax , on the 20 th of Behrnary . Guilty . —To be imprisoned eighteen calendar months to hard labour . William Tessyman , 52 , was chanted with having , on the 18 ; h of Oct . last , at Stoiiebeck-down , feloniously stolen ten we ^ ber Bheep , the property of William Forster . The sheep were seen in the field three days preceding the robbery , and on being missed , were traced to Leeds , where it was ascertained they bad been sold on the 19 th of October . The sheep were marked " R . W . on the horns . The Jury found the prisoner Guilty . —To be transsported ten years . Jeremiah Barlow , 22 , was charged with having on the 23 rd of October , at Doncaster stolen a gelding , the property of Joseph Maehin Axe . Mr . Blanshard and Mr . Walker were for the prosecution ; Mr . Wn-KINS defended the prisoner .

      The prisoner : was found Guilty , and was sentenced to be transported for ten years . James Scott , 26 , was charged with having uttered and pnt off a certain forged promissory note for the payment of five pounds , purporting to be a note of the Halifax and Huddersfield Banking Company , with intent to defraud Richard Yarley Mr . Bliss and Mr . Pickering conducted the prosecution ; and Mr . Overend defended the prisoner . The prosecutor keeps a small shop at Stainland , in the parish of Halifax , at which place the prisoner , who is a delver , also resides . On the 1 st of December , Scott went to prosecutor ' s chop , and asked him for some blasting powder , in payment for which he tendered the note in question , saying be had received it from a stranger . The prosecutor at once detected tbe counterfeit , and requested the prisoner to wait till he

      put on bis coat , and he wonld go with him to the party . They songbt for about two hours for the person from whom the prisoner alleged he had received the note , but did not succeed in finding bim , and the prisoner was in consequence given into custody . On the 26 th of November , the prisoner was at a puWio house at Rastrick , in company with a man named John Clegg , to whom he gave a £ 5 note to get changed ; Clegg took the note t « the landlady , for which she gave him five sovereigns , which were by him transferred to tbe prisoner . The note subsequently went through the hands of several persons , and was ultimately returned to Clegg , who went to tbe prisoner ' s bouse , when tba father of the latter received the note , and gave Clegg five sovereigns . The learned CounBel for the prosecution baring failed in proving the guilty knowledge ' of the prisoner at the time of the transaction , he was aoquitUKl .

      Henry Turner , 31 , was charged with stealing a mare , the property of 3 ohn Maugham . Mr . Waleek and Mr . ASP 1 NALL were for the prosecution ; the prisoner was undefended . Tha prosecutor resides at Thorpe , in the parish of Kimberworth , a short distance from Doncaster , and on the afternoon of the 29 th August last , between one and two o ' clock , the mare in question was turned into a field , from which place it was missed on tbe following morning . On the afternoon of tbe 29 th , the prisoner was Been riding on an ass from Dtmca ^ ter in the

      direction of the field oat of which tbe mare had been taken , ana the next day the ass was found in that neighbourhood . About two o ' clock on the morning of tbe 30 th the prisoner was seen riding upon a horse resembling the one stolen towards Doncaster . Information of these circumstances were forwarded to the police , and in conBtquence tbe prisoner ' s premises were searched and the prosecutor ' s mare was found in tbe stable , fre prisoner , in defence , said that be bought tbe mare of a man named Jobn Smith fer six guineas . — Guilty . To be transported for fifteen years .

      William Smith , 28 , was charged with having burglariously entered the dwelling-house of Pamuel Hall , with intent to steal therefrom . Mr . Rai . ne appeared for the prosecution ; and Mr . Overend was for the prisoner . The prosecutor resides in Marsh , Soutbowram , and on the night cf the 26 th of November , the f-unily retired to re « t about ten o ' clock , at which time the doors and windows were secure . Between three and four o ' clock the next morning , the servant was awoke by a loud noisa in tbe warehouse , over which he sleeps . He raised himself up in bed , and immediately afterwards a man forced hia bed-room door , with a candle in his hand , and said be would shoot him . The servant answered he thought be would not , and the man turned round and went away . Nothing was taken from the premises ; and the Jury being of opinion that no felonious intention had been proved , acquitted tbe prUoner .

      John Stoaine . 21 , and Benjamin Hartley were charged with breaking into the press shop of Messrs . Hirst and Co ., and stealing therefrom fourteen worsted pieces . Mr . TuoMPsp . v conducted the prosecution ; the prisonars weia untieffended . The prosecutors are cloth and stuff dyers and finishers at Halifax , and about six o ' clock in the evening of tbe 1 lth December last , one of "the firm was in the press shop , and on leaving the pluce he left all safe ; he returned again between nine and ten , when be found the presa shop door broken open . About half-p-st eleven the same nlgfet , tbe pri-Boner Swaine aud another person were Been not far from the warehouse with a sack each on their backs ; that upon being called to they threw the sacks upon

      the ground , but S waine toek his up and walked away . He , however , appeared to have again dropped the sack , for upon sesch btjing made , they were found within a few yards of each other ; these sacks , upon examination , were found to contain the articles named in the indictment , The prisoners were several timeB seen in company together oji the nig ht ot the robbery , which cauBbd their apprehension . Guilty . Swaine having been previously convicted of felony at Leeds , was sentenced to fifteen years' transportation . Hartley had been convicted during the present assia- 'g under the name of Mason , for highway robbery near Bradford , and was not sentenced upon the present conviction .

      Daniel Barker , 57 , was charged with breaking into the dwelling-bouse of Samuel Norman , with intent to steal therein . Mr . appeared for the prosecution ; and Mr . Ovseesd defended the prisoner . Tbe pro . ecutor resides at Welbury , and on the morning of the 17 th ot January last , about a quarter past two o ' clock , bia son was awoke by a noise in the house , upon which he got up , and on looking through the window , aaw the prisoner in the snap . About an hour afterwards they went to the prisoner ' s honse , a distance of about three miles , when they found the prisoner in bed . The only witness examined were tbe prosecutor and bis son , and in their cross-examination it was elicited that some ill feeling had existed between the parties respecting an ass , which the son charged tbe prisoner with having stolen from him . The depositions taken before the committing magistrates differed materially from tbe evidence now adduced , and the Jnry acquitted the prisoner .

      John Blacker , 21 , pleaded guilty to having , on the 21 st February last , at Swintfleet , feloniously stolen six silver spoons , and five plated spoons , the property of Joseph Parkin . To be transported Ten Years . John Sfather , 26 , was charged with burglariously entering tbe dwelling honse of Natban Holmes , and stealing therefrom one hundred yards of woollen doth , one Bilver watch , one pair of black cloth trowera , and other articles ; and also twelve silver tea-spoons , six german silver table-spoons , and two gold broachoB , the property of Mary Ann Holmes . Mr . Pickering and Mr . Thompson were counsel for the prosecution ; the prisoner was undefended .

      Tbe prosecutor is a tailor and draper , at Ke'ghlsy , and on the 28 th of December he and hiB wife and daughter went to bed about half-past ten o clock , when the house was examined , and found to be secured in the usual way . The daughter was tbe first down stairs on the following morning , about seven o ' clock , when she discovered that the house had been entered by the kitchen-door , and the articles named in the indictment were missing . Part of the stolen property was subsequently traced to the possession of the prisoner in Bolton , and some of the articles were pawned in Bradford by a woman , at the rt quest of the prisoner . Guilty—To be transported fifteen years .

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      NISI PB 1 I 75 COURT , FRIDAY , RIaRCH 17 . clough v . james . —( Special . Jury . J ( Before Mr . Baron Parke . J Mr . Wilkins and Mr . H . Hill -were Counsel for tbe Plaintiff ; Mr . Kxowles and Mr . Hall for the Defendant . The following gentlemen were sworn on the Jury s W . Platt Bradshaw , of Ackworth , Esq . John Ridsdale , of Headifgley , merchant . J . L . Hartley , of Middleton-Tyas , Esq . Robert Ramsay , of Middlesborough , merchant . Francis Hobson , of Ecclesall Bierlow , merchant . James Stock , of Fisher-Green , in Honiey , merchant . Joseph Harrison , of Ormsby , merchant . Henry Cholmley , of Bransby-cum-Stearsby , Esq . John Mason , of Ormsby , merchant . Thomas Etty , of St Michael's , New Malton , merchant .

      Robert John Ellershaw , \ „ . _„ , Willliam Pass , } Talesmen . At the request of the defendant's Counsel , the witnesses on both sides were ordered out of Court Mr . H . Hi Ll . opened the pleadings . In this action Thomas , dough was the plaintiff , and William James tbe defendant The plaintiff complahu that the defendant assaulted and seized and laid hold of him , and forced the plaintiff to go along divers streets , and imprisoned him in a cell for several hours , and afterwards imprisoned him in a yard till he was released . The defendant pleaded Not Guilty by statute .

      Mr . Wilkins said that if-a judgment was to be formed , from tbe note of preparation on the other side , of the nature of the fight in which the ; were about to engage , bis opponents vrere in earnest , for they had adopted a proceeding which was somewhat unusual in cases of this description , that of ordering all tbe witnesses out of Court ; thereby implying thatthe witnesses "were unworthy of credit . Tbe plaintiff in this case , Mr . Clough , was a man in decent circumstances in tbe borough of Leeds , who vras 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 Superintend ent of tbe Police Force of the Borough of Leeds . Of cours » . if his Learned Friend uwuiu niako Ui&i . uui ou iu > tiiaX , it wuul ; l moke the «

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      assault complained of all tbe more serious ; because it could not redound to the credit of any peace-officer ; nor did it say much for the security ! and peace , and tranquillity , and comfort of the people of Leeds . The plaintiff on the 31 st of December , in last year , was employed in soliciting ordera , he being the agent for the sale ol ale and porter , and an article called black beer , of which the people of Leeds were very fond . He bad called at the Union Inn , in Ludgate Hill , to solicit orders ; and whilst engaged there in the obit-chat of tbe day , a gentleman named James made bis appearance ; upon which tbe plaintiff happened to say to a man named Richardson , who was sitting with him In the snug , "There is a man who is no friend of mine "; and bein * asked who it was , be said it was " Jemmy

      James ; alias William James . " The Superintendent at once pronounced this an insult upon him ; it was , as an oracle of the night immortalized by Shakspeare had said , " flat burglary . " He , therefore , walked up to the plaintiff , put bis fist into his face ; and made use of Borne expressions "which he would not repeat He asked him what he bad to say about Jemmy James ; but tbe plaintiff kept bis temper , and laughed in his face . Aud be said , making a low bow to atone for his former error , "Mr . James , tbe next time you approach me , I will thank you to do so without very nearly knocking down my daughter . " Upon which Mr . James

      waxed wrotb , called bint a scoundrel , and said he would have bim taken up under the Borough Police Act , and would fine bim £ 5 . Oat of doors he went , and in a short time be returned with two police officers , whom be directed to take the plaintiff to the station house , and he told Mr . Ingham , the constable of the night on duty at the office aa Inspector , not to take bail on any account whatever . The officers obeyed , and the plaintiff was taken away to the prison ; and there he was kept till the afternoon of the next day , when he was discharged . And it was for this violent proceeding that the plaintiff now sought compensation at the hands of the Jury .

      David Liking—I am a mason , and live near Richmond ,: in the North-Riding of this county . I bad occasion to attend the Leeds Borough Sessions last Docember ; I remember being on the 31 st of December last , in the Snug at the Union Inn , at Leeds , between halfpast ten and eleven o ' clock . Tbos . Clough , the plaintiff , bis wife and daughter , and a person of the name » f Richardson , were present All tbe parties were entire strangers to me . I remember Mr . James , tbe defendant , coming , into the tsom . On coming into the room he said he would not be offended by such a d tl rogue , rascal and villain . He would have him taken up to Park-row . He said that to Clough . He said be would

      have him locked up till Monday ; and he should have no bail ; and be would fine bim five pounds as a rogue and a rascal . When be used those words he had bia fist doubled in Mr . Clough's face all tbe time . James then Went out of the Sous , and returned in a abort time with two policemen . He told them to take away that man plough and lock him up , and he was to have no bail till Monday morning . The policemen took bim ; Clough had done nothing that I aaw . I was there half an hour before James came in , and I beard nothing aaid nor done , except that Richardson asked who that was , and Clough said , "It is Jemmy James , alias William Janes . " That was before James spoke to Clough in the first instance .

      Cross-examined—I was stopping at the Union Inn during : tbe sessions . This occurrence was on Saturday night . I drank wine and water . I bad had tea in another room before I went into the snug , about tea o ' clock . I was subfoeued by Mr . Naylor , about tha settlement of my son . I bad seen Clough two or three times before tbat night , at Mr . Sadler's , the Union Inn : and once or twice la the market-place . 1 do not know who Richardson is . Jarnes was in tho bar speaking to . Mtb . Sadler , when Richardson asked who tbat was , and Clough gave tbe answer I have sta ' . ed . He answered so loud that James might bear . Clough did not say « 'Aye , d—n that Jamas . " I did not hear James say that ho would not bo insulted in tbe execution of bis duty by Clouch . He said he would not be

      insulted by bin ) . I did not bear the words " in bis office . " I die * not see dough take a mouthful of beer and spit it out at James ; he did not , because his wife drank it off . I did not see any thing of the kind . I did not see him spit at James at all . I am sure that I was wide awake at the time . I was sitting at the far end of the snug , looking towards the bar . Clough sat facing tbe fire-place , on my right hand . Re-examined . —I had got my tea in the kitchen . I was in the seat under tbe window In the Bnug . I did not see James in tbe bar . He came into the snug in it passion . It was before he came in tbat Clough had used the tho words I have said . No spitting or spirting of ala could have taken place without my seeing it . Thomas Richardson—I am a pawnbroker at Leeds .

      I have n *> t contributed towards tbe costs of this action , or to paying the Attorney . 1 do uot know that any of the Plaintiff ' s neighbours and friends have cudtribated towards defraying the costs of this action . On the last day of tbe year , 1 waB at the Union Inn , at Leeds , t met the plaintiff there by accident Whilst I was there Mr . James cims into the house . I wunt about eight , and be came in about half-past ten . Clough was taikin * about tbe lost n ght of tho year , and be said , " A person bos come in who is no frit nd of mine . ' The person of whom be was speaking was in tbe bnr adjoining tbe bdu - , where we were . I asked who the person was , and he said " Mr . James , alias Jemmy James " Mr . James attempted to get into the room and Mr . Clough ' s daughter was slandiDg in the wny , and he

      gave her a push to Ret post . Mr . Clough said " I wish you would not push my daughter ; " and he said . I will ; I will , you d—d thief , liar , and vagabond . " He was very much excited . Whilst bo was making use of this language ho clenched hta fist , and held it close to Mr . Clough's face . Ho said he would not be insulted by Mr . Clough when he was on bis duty . He said be would have him fined £ 5 under the Improvement Act . He would have trm taken to th « lock up . Mr . Clough said be begged pardon if he bad offended him . He said he would bave nothing of the 8 oit ; be would have him taken directly . He went out , land iu a few moments he returned with two policemen . He said to them , " take Mr . Clougb to

      the lock-up ; and If any person comeB to give bail , it is not to be taken at ail . " The policemen went on each side of . Mr . Clough , and as aoou as they touched him be rose spontaneously . Mr . James did not at that time say one word about spirting ale or spitting . He used nothing to wipe hia face . When the police took Mr . Clough away they went past the Houso of Recovery . Mrs . Clough and I went to Mr . Beaumont's , and Mr . Beaumont and I went to the Coutt-House together . Mr . Beaumont offered bail for Mr . Clough in my pro-Bence He offered to deposit a sum of money as security for bis appearance . He did not tender the money , but said he bad it in his pocket . Bail was refused . Tfee Defendant was not there . Mr . Clough ws 8 sober .

      Cross-examined- —My pawnbroking establishment is in Dyer-street . I have known Clough about two years ; but did not know him when he kept the public-house . I have heard him say that he once kept a public-bouse in Klrkgate . Ha did not toll me that his license was taken away for keeping » disorderly house . Some discussien arose between the Counsel as to tbe propriety of pursuing this line of examination . Mr . Kqowles said be wanted to show ill-will to tho police , and to Mr . James in particular . The proposed course of examination was permitted .

      Examination continued—Mr . Clough did not tell me , and I don't know why be lost his license . I know Mr . James very well . He is Superintendent of the Police at Leeds . He has gone through the different gradations of policeman , eei jeant , inspector , and superintendent When'James came into the room , I did not hear him say to the plaintiff , " Clougb , what is the reason that you insult me whenever you see me ?"' He said something tantamount to saying that he would not be insulted when he was in the execution of his duty . I do not know what James ' s business was in tbe house that night ; I only beard after that be was inquiring for some man . I did not bear tbe name of Broughlon

      mentioned at all . I afterwards went with Clough , at hn request , before the Watch Committee . It was the Friday following or Friday week following ; I won ' t bu certain as to the day . Our object in going was to lay the conduct of Mr . James before tbe Cunimittee . Mr . James was there . I think I was in the room when Clough . was examined . The Town Clerk , Mr . Eritiison , was there . JatueB said that Clough had insulted him many a time , and he could not pass quietly on the street . He said that Clough had spit in his face that night . Clougb did say that he had spit in the direction of Mr . James , but not at him . The Watch Committee dismissed the charge .

      Cross-examined—The Watch Committee asked if he would waive tbe legal proceedings that he had commenced if they would interfere ; and be said "No . " They accordingly refused to interfere in it . I have been a pawnbroker ten or eleven years in the same place . I knew James about a year or two before he got into the police : he was a plasterer , and kept a ooofe-sbop . I did not know him in any other occupation . William Wilkinson—I am a guntnaksr at Leeds . I Was at the Union public-house on this nig ht I was in

      the bar when , Mr . James came in . Mr . James went into the snug , and was not there above two minutes . When be come out he said to Clough , " I will put you where I can find you . " He went out and brought in two of tbe police . He then said , "Take this man to the lock-up , and tell Ingham that I allow no bail whoever cornea . " The policemen took Clough away ; he was sober . Mr . James gave no charge to the policemen , aud did not say why he took him away . I heard nothing said about any Bpitting till two or three weeks after . I did not see James use his pocket

      hand-Crosa-examined—I saw Jamea Bpeafc to the landlady when he . went in , but I did not beat tba nam « of Broughton mentioned . John Swift—I am ft dyer at Leeds . I was at the Union Inn on the last day of lost year , about half-past ten . I remember James , the superintendent of the watch ,- coming into the ba ? and speaking to Mrs . Sadler . James went into the snug , and came out , and went out and brought in two policemen , and he gave Mr . CWugb in charge to the policemen , to take him to the gaol , and to tell Ingham that no bail waste be taken . I heard no complaint from Mr . Jamea about spirting or spitting . I did hot see bim wipe his face . He did not tell tbe policemer what they were to take the man away tor . He seemed to be rather in a pasaion .

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      Cross-examined—I did not hear any name mentioned when James was speaking to Mrs . Sadler . I had never seen Mr . ClouRh before tbat night . George Beaumont— - ! am a tailor and draper at Leeds . I bave known Clougb , the plaintiff , better than three years . In consequence of a communication to me on the night of tbe 31 st December last , I went to the lockup-house in Park Row . I offered to become bail for Mr . Clougb . I offered a sum of money . Cross-examined—When I first knew Mr . Clough be was living at the Grove Iun ; I believe his landlord was Mr . Singleton ; bat will not be positive . I don't know that he lost his license . I can't Bay whether or

      not he was obliged to leave . I have beard him say that tbe police tormented him , by going into bis bouse when he bad company , and annoying bis company . I suppose tbe police went to see what "Sort of company he had . I don't know that since he left the house Clough has been brought before the magistrates for insulting the police . I have heard say that he was fined once . He was gwing on the ] street on Sunday night , and the police were doing something at a boy . He said it was a shame be should do so , and the policeman threatened to take him , and be said he would go along with bim . I don't positively know that he was fined . I was not with bim before theimaeiatrates .

      Thomas Weare—I am a wood turner at Leeds . On the night of the lait day of the year , I was taken into custody for assaulting a person in the street . When I was taken to the police office , Mrs . Clough and Mr . Beaumont were there . I heard them off : * bail ; it was refused ; I was put down stairs into the prison . Mr . Clough was there , and a man named Broughton . That was about half-past eleven . We all three staid in that place till tbe morning . They did not furnish us with a bed ; we had ; nothing to lie upon but the forms . About nine o ' clock in the morning , we were turned out into the yard . There were fifteen or sixteen persons : some of them were ! under sentence of transportation . I think there were Uot any respectable people there . Mr . Clough was kept till between one and two o ' clock on Sunday . Cross-examined—I hid not hear what passed before the magistrates . ;

      Mr . Knottles then addiessed the Jury for the defendant , and said that he should show them that the plaintiff spit at Mr . James , that his mouth was full of liquor , and that he spirted it at him . He should also show that when he i was before the magistrate he was charged with spitting at tbe defendant , and in bis o * n defence dough saidjhe did spit in tbe direction of Mr . James , but nut at him . At this time Clougb apologised for the offence he bad given , and piomised never to repeat it . Toe defendant withdrew tbe charge in consequence of tbat apology . Therefore , if tbe Jury believed that what jtook place before the magistrate was intendeed to put an end to the whole affair , then tbe defendant oa that ground was eatitled to their verdict He also noticed tbe fact , that the Watch Committee of the Leeds Council had dismissed the case on a charge being made by Mr . Clougb ,

      Christopher Harland—I live at Leeds , I was at Mr . Sadler's public-house on the last day of last year . I bad been up stairs , and was coming down when I heard a row between Mr . Clough and Mr . Jamea . I heard Mr . Clough call Mr . James a bully and and a bawdy house keeper : and Mr . James said he was upon bis business ; and if be insulted him in that manner be would tike him to the lock-up . I beard him say that he would not allow ! him no bail whatever . I heard Jamea talking to Mrs . Sadler , but I did not hear what he said . He was inquiring for some person or other . I beard Mr . James say tbat Mr . Clough had spit iu his fact ; , but I never | saw any such thing . He aaid tbat whun . they were taking dough away to the lock-up . ;

      Cross-examined—Mr . James did not seem much out of temper . I was tUked to become a witness on Sanday week . I bad spoken to one of the police about it ; aud Mrs . James Beat ; foi me to go see Mr . North , a clerk to Mr . Eddisun . I am a joiner : I have been separated from my wife tfeeae five years ; I saw her this afternoon . I have served as a javelin-man ( witness produced bis recommendation . ) Tbe Judge—H » has got nU commission as a javelinman—( Laughter . ) j Joseph Robert Atkinson . E q . was called and examined on tbe voirdire . He said ( hat he occupied rateable property in Leeiia , but be did not know that the expences of defending this action were to be paid out of tbe Borough Fund . ' Tbe Judge said that the objection to the witness on account of his being a ratepayer was cured by a recent act .

      The witness was then sworn and examined . —I am a magistrate of the Borough of Leeds . I remember on Sunday , the 1 st day of the present year , Mr . James bringing a person of the name of Clough before me . I happened to be at the Court House on tbat day . James made a charge against him . What be s % i < 4 was not taken down iu writipg . He charged Mr . Ciough with having , under the oco ' itemenl of liquor , used violent language and spit at him ; which he called an assault James did not say what he was doing when Clougb did this , dough said he was not spirting at him , but

      spitting towards him , and be did not intend to spit at him He said he was spitting at a man of tbe name of Kiehurdsou , I think . I am clear upon it James replied that he could not be spitting at any one else but bim , and that from the language he used be intended to insult him Clough said tie wna very sorry , and he hoped Mr . James would overlook it ; that it should noi occur again . James replied " 1 ouly want him to conduct himself quietly towards me . " Clongh promised that be tvould do so in future ; and then James said be would not press the case any further , and it was dismissed .

      Cross-examined—I understood CUmgh to say that be would not do so in future . I don ' t think he said that he waa very sorry that Mr . Jutuestook it as an effsnee , and he wuul 1 not do it again . He said he was not epitting at , but towards him . Mr . Edward Head--- ! aw the Chkf Constable of Leeds Mr . James is the Superintendent , and r ^ xt in rank to me . We are appointed by the Watch Committee under the Municipal Act . I remember on the 31 st of Dacember last , giving James a warrant to execute against a man named Broughton . The warrant produced is the same . ' The warrant wasiread . It i-as signed by Richard Bramley . Esq .. anil was toapprehendTuomasBioughton for breaking windows .

      Cross-examined—I was present at the hearing of J anus ' s complaint against Clough . The expression that ' Clough used when Jamea aaid he bad been apictim ? at him , was , aa nearly as I can recollect , that he would ' . take care it should not occur again . j Mr E twin Eddiaon—1 am tha Town Cleik ef Leeds . ] I occasionally attend ; the meeting of the Watch Committee . I was there j on the 6 th of January , and recol- ;¦ lect seeing Clough there . Clough charged James with i having brought him to prison without sufficient cause , and refusing to take bail . Mr . James said that he had ; assulted him in the execution of bis duty and spit at [ him . Clough said be did not spit at him , but be spit I towards him or in [ that direction , I won't ba Car- > tain as to the words . He eaid he was spitting i to wards a man named Richardson . The charge waa [ dismissed . As Town-Clerk , I know that James w \ s ap- j pointed Superintendent un- 'er the Municipal Act . '

      Cross-examined—I told the Watch Committee that : if they were to enter into the charge they must have a j distinct understanding from Clough that he would pro- i ceed no further in the proceedings ae had commenced before they jjave tbeir decision . He refused . { Mr . Wilkins said that he had once read a passage ' in an old play— " ifljurish of trumpets ; enter Tom - Thumb "—and be really thought that this was applicable to the conduct of ; bis Learned Friend , when he had talked of the irreproachable aud spotless conduct of his . clients , the man who had gained the applause and ; esteem of ths public , far and wide . He had no doubt that MrJames had been vigilantactive IkKllfL

      . a very , , mem-, bl |[»|* till . l / UIUCd Ul * U WM / M U IU |; T b ^ lMUVj , U 1 QI 11 * 1 torioas , and in some respects a very useful officer ; and ; be was not » t all surprised that his Learned Friend should vaunt his proceedings iu the Borough of Leeds ; but he had shewn that this Defendant , with ull his knowledge and experience , had acted in a manner which would be a disgrace to the lowest police-officer iD Leeds . On the other hund his Learned Friend had asked them to believe ' that Mr . James had been made tbe object of one of the most outrageous attacks that ever ' was witnessed , and that had rendered his conduct venial : ) but it would be for the Jury to juf ' ge upon the facts of the cose as they had { been laid before them ; and after

      having done so 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 fmprovarnent Act , he would have known that under the 330 th section of tbat Act he had his remedy against the plaintiff by summons , when he in ght have been fined to the extent of £ 40 . But bis friend had said that shaking his fist was an assault Why then Mr . James , had committed an assault , because it was proved that he had not only used the words which he wcti'd uot repeat , but had held up bis clenched fist to Mr . Clougb . He contended that nene of the witnesses for tbe defence had contradicted those which he had called for the plaintiff .

      Mr . Baron Parke summed up the case . He said there was no doubt tbat tbe 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 partjof the next day ; and therefore be was entitled to such a fair compensation as they should think fit for the loss of his liberty , unless they should be of opinion that a satisfactory defence was , made out . E rery constable at common law , as well aa unclet this act of Parliament , was perfectly justified in taking up and earring before a j magistrate any pesson whom ha sees committing a breach of the peace ; and if he waa the person against whom the assault vaa committed , he

      might take the party into custody himself , because in tbat case a constable waa the same as a third person . The first question that be should ask them to decide was Whether there had been an assault committed before the apprehension of the plaintiff ; and upon that question be might observe that if they were satisfied that there had been a spitting against the plaintiff that would amount to a breach of the peace . The second question would be -whether the defendant believed at the time he was aching under the authority of the Municipal Act ; because , if bo , he wai entitled to certain notice of action , which would afford time to make accord and . satisfaction before the action commenced , i

      The Jury retired about three quarters o / an hour , and on their return said , ' in answer to tha first question that they found for tbe plaintiff .

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      With respect to the second question , more dfScatty arose , and the Judge explained it at considerable length ; but still tbe Jury did not seem to comprehend its real bearing . After some consultation , the . Foreman said—We believe that be was acting under excited feelingc ; and in the belief that b * 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 this case that I don't wonder at your difficulty .

      ' The Juryman said , after a pause , we believe that ha was actiug under the impulse of excitement , and vindictively . . The Judge read over tbe evidence on that point . The Jury , after a further consultation , said—We believe that he acted with great impropriety , but that be considered that he was acting under the authority of the Municipal Act Then tbe Plaintiff must be Non-suited , as he has not given the notice of action required by that act . The Plaintiff was Non-suited accordingly .

      Mondat March 20 . ( Before Mr . Baron Parke . ) Felix Booth , 36 , was charged with having , on the 15 ' . h of December last , at Hull , feloniously written and sent a certain letter to Sir Felix Booth , Bart , threatening to accuse bim of an infamous crime , with intent to extort money . The Hon . J .. S . Wortlet , and Mr . WlLKIKS were for tho prosecution ; and Mr . Bliss defended tbe prisoner . Mr . Wobtlet stated tbe case , observing tbat it was one of a moat Berious ana painful nature ; serious in its character , and painful from the connexion between the prisoner and tbe prosecutor . The case which he bad to bring before the jury , was that the prisoner bad

      addressed to Sir'Felix Booth , bis relation , a letter in which he charges and accuses Sir Felix Booth of the most filthy , and' tbe most abominable crime which was known to the English law , and that he addressed that letter and used that threat and that accusation for the purpose ot extorting from Sir Felix Booth , money for his own purposes . By an act passed in the 7 th and 8 th of George IV ., tbat offence was made a felony , and if a party be convicted of it be must undergo the puniahment which all would feel was well deserved and JQOBt due for such an offence . The prosecutor was a gentle * man whose name might be well known to some of the jury ; he was a gentleman advanced in life , who up to this time had lived respected and honoured by all who have known him . He had served the office of Sheriff

      of London in 1838-9 , by tbe election of bis fellow citizens ; baa ranked in high society , and has been honoured by persona of high distinction , and baa won for himself a name aa a distinguished friend of BCience , having been in fact the individual who furnished the monies for the expedition to the North Pole , which resulted in the discoveries of Capt Robs , and to the giving of his name to newly discovered land . Sir Felix is also a distiller , being one of those persons who have raised themselves to high stations in society by their own exertions . He had a distillery in London , and one in Scotland . He also bad . a large brewing concern in London . The pr isoner was a relation Of Sir Felix Booth—he believed a cousin . His father kept a grocer ' s shop at Caistor , in Lincolnshire , and at

      tbe time of tbe prisoner ' s birth , application was made to Sir Felix 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 the prisoner was living away from home , and not under hit ) father ' s roof . He bad contracted a marriage , bo knew not and cared not in what class of life . In the year 1835 he applied to Sir Felix Booth to give bim some employment , representing himself at the time to be in a State of abject distress- He waa in the metropolitan police , and expressed great anxiety to leave it and get some employment from Sir Felix . After some time Sir Felix consented to give him employment in one of the distilleries with which he was

      connected ; and a partner of Sir Felix , Mr . Grimble , undertook to give the prisoner employment , and to let him have such -wages and such allowances as he ( Mr . Q-rimble ) thought proper . According to tbe instructions given to hya by Sir Felix , Mr . Grimble provided for tho prisoner , gave bim 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 bad become so bad , being addicted to intemperance , that he waa discharged . Subsequently the prisoner again threw himself on the mercy of Sir Felix Booth , and . entreated him to give him another trial , and to put him in a situation where the temptation would not be so great as at the distillery . Accordingly , Sir Felix Booth did consent to place him in a

      farm bouse which be . had purchased , at a place called Catworth , in Huntingdonshire . A person named Sadler had the management of this farm , and there was a bouse there at which Sir F . Booth occasionally resided when be bad occasion to be in that part of tha country . The arrangement as to the prisoner ' s going to this farm waa this—that he should live rent free , have board and lodgings , and the profits of the poultry , amounting to between £ 40 and £ 50 a year . The only thing he was to do for this was to write a statement weekly of the work done upon the farm . He and his wifrt lived on the farm froni 1835 up to the spring of 1830 , and during that time be , from time , to time . wrote letters expressing the deepest gratitude to Si * Felix for his kindness . In the early part of the

      year 1839 , the prisoner had got into some disputes with the neighbouring farmers , and others st Catworth , which led to some " correspondence between them and Sir Felix Baoth , in the course of which Sir Felix found great fault with the prisoner , and the result waa that tbe prisoner and -his family had to leave Ciitworth . Afterwards letters passed to Sir Felix from the prisoner , who entreated Sir Felix lo give bim something else to do , and in these letters there was not the slightest insinuation of tbe crime to which he ( the Learned Counsel ) should have to call their attention . The prisonsr went up to London and applied personally to Sir Felix for some employment , and Sir Felix actnally advanced to him somewhere between £ 200 and £ 300 for the purpose of purchasing for him a stock

      of groceries , with which Dfl set him up in a shop in Chorlton-street , SomeraTown . He went to that shop , and shortly after applied to Sir Felix Booth fora further advance . Sir Felix then refused to give him further assistarce unless be would make « ut for bim a statement of his accounts to show that he had been acting properly . Tbe prisoner then made oat a etatement of aecouDts , and after a perusal of that statement , Si * Felix advanced him £ 105 . The prisoner carried on business , and applications were made from time to time of the most pressing character for further pecuniary assistance . But still no hint was given by the prisoner of the accusation which he afterwards made against Sir Fdlix . Oa May 15 th , in the ensuing year , the Srst letter arrive J which ha j the smallest allusion

      to that topic , and that was after tbe application fax pecuniary assistance had been made by the prisoner to Sir Felix Booth . But even in tbat letter , although it contained some dark insinuations against Sir Felix , it was not until later tbat the letter arrived on which this prosecution was founded . This letter was received oa the 23 rd of December last , at the house of Sir Felix 'Booth in London .- Before he read tbat letter , he would tell the jury that tb « y would find in that letter mention of a persen et the name of Afarr . Sir Felix was extensively engaged in business , and this young man I Marr ) was a person whom he employed as a confidential clerk . That young man had very early in life left hia parents , who . resided at Edinburgh . He bad run away from home , and had enlisted in " The Yorkshire Greys . " Sir Felix Booth had a very high respect for the mother of Marr , and paid for bis discharge out of the regiment , and employed him in the capacity to which he had referred . That fact was known by the

      prisoner , and it no doubt was the fact of Sir Felix Booth ' s kindness to this young man , of whom tbe prisoner had eutertained a strong feeling of dislike , which had suggested tbe infamous accusation which he afterwards made against Sir Felix . On the 23 .-d of Dao ., Sir Felix Booth received a letter dated " Hull , 15 th Djcember ^ 1842 ' This letter charged that Sir Felix Booth bad been guilty of an unnatural crime with the youog man , Marr , and pressing for payment for alleged services of the prisoner and bis wife at the farm . The letter also stated that tbe prisener had written to the Commissioners of Police , the Secretary of State , Sir B . Peel , and other influential persons upon the subject , und that he would continue to do so until one or the other was taken up . The letter dealt in accusations which were entirely groundless , and upon the mere incentives of his own bad passions . The prisoner had idmitted in former letters that be had no claim for wages or services upon Sir Felix .

      Sir Felix Booth was examined at great length in support of the opening of the learned Counsel . In his cross-examination he stated thit the prisoner had shown him a book , which the prisoner said would expose Sir Felix , and which he said he wonld publish untesa he ( Sir Felix ) purchased it , and than it wonld ba destroyed . In his re-examination he stated that he had reason , to believe the young man , Marr , waa hia owa son . Ofther witnesses were called in support of the pros 80 «» tioa , and the prisoner waa found Guilty—Santeno 8 deferred . . The Court then broke up .

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      SUBSIDIARY COURT—SATrs-DAT , March 18-( Be / ore the Hon . J . S . Wortley , Q . CJ Thomas Gledhall , IS , and Abraham Farrar , 20 , pleaded guilty te stealing at Swillington , on the 14 th of Nov . last , ene ewe . and with kiilicg one other ewe , with intent to steal 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 S&dbergh . Ht . BlasshaED conducted tbe prosecution , and Mr . D £ aSLEV defended the prisoner , who was found gnilty . and sentenced to be imprisoned for three calender months to hard labour in Wakefleld House of Correction .

      William Storer and Thomas Rtibinson were charged with breaking into the d welling-house of Wm . iioukley , at Crjokes near Sheffield , and with stealing various articles therefrom . Mr . Pashlet and Mr . Smith were for the prosecution ; tha prisoners ¦ were undefended . The Jury fonnd Storer guilty , and the constable proved two previous convictions against the prisoner , who was sentenced to be transported for ten years . RoMnson was acquitted . Samuel Mortimer , 4 D was charged with killing a sheep at Haifield , tiie property of Francis Sbincliffa , with intent to steal the carcass . Mr . Roebuck and Mr . Aspisa _ ll were for the prosecution ; air . WJLK . INS

      defended the prisoner . Tbe prosecutor ifl a small farmer living near Thome , and in February last he had three sheep pasturing in a field , which he saw safe on the evening of the 11 th of that month , and on the following morning it was discovered that one of them was slaughtered , and the carcass taken away . The prisoner ' s honse was searchtd , and several parts *> f 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 it appeared that there was only a very small piece of mutton found in the prisoner ' s house , and that the stack in -which the creater part of the meat was found was a distance of 100 yards from the prisoner ' s honse . —Not Guilty .

      Mojtdat , Maech 20 . Before M . T . Baines , £ 53 ., Q . C . Joseph Pollard , 37 , was charged with having bnrglaripusly entered the dwelling bouse of John Patcbett , and stolen therefrom 160 lbs . weight of bacon , one gallon of gin , and other articles . Mr . Pashlby was for the prosecution ; Sir Qhegokt Letvjn defended the prisoner . It came out in the course of the trial that there was no case against Pollard , and that the guilty party was a man named Wilkinson , who hBd been committed for trial , but the Grand Jury had ignored the bill . The Jury , therefore , under direction of the Jndge . acquitted the prisoner . William Myers . 32 , was charged with having feloniously assaulted William Myers , and with having stolen from his person one gun , the property of Wm . Rhodes , Esq . at Arthington . Mr . Overexp was for the prosecution . Sir G . Lewis defended the prisoner .

      The ¦ nroseeator is » farmer at Arthington , and on the night of the 19 th of October , be went out with the gamekeeper of Mi . Rhodes , of Kirkstall Hall , to preserve the game on that estate . The prosecutor hod a gnn in his hand , and they encountered a fang of poachers , of whom the prisoner was one ; on coming up , the prisoner and the prosecntor had a scuffle , in "which tbe prisoner wrenched the gun from the pro-Becutor , who was also much ill-used by the other poachers , and but for th * interference of the prosecutor would probably bave lest Mb life . The prisoner carried away the prosecutor ' s gun ; but the Judge doubted that there was any proof that the prisoner had taken away the gun feloniously , with an intention to convert it to his own use ; it rather appeared tbat he had taken it from the prosecutor for the purpose of disarming him . If that -were the case , then , however guilty the prisoner might be of another offence—that of night poaching—be was not guilty of the felony .

      The Jury returned a verdict of Not Guilty , uai the prisoner was discharged , after an admonition as to hiB future eondnet Thomas Raxcn sley was charged with Stealing from the dwelling-honsa ef John Priestley , of Bradford , a quantity of wearing apparel . Mr . Charles Hakdy conducted tbe prosecution . The prisoner was undefended . The prosecutor and his wife were from home on the 17 a of February last , and on their return they fonnd ubu \ d » nouao had Deea wuerea , and a suit of n . ea ' s

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      Melrose -Fatal AcciDENT .-OnSafcarday se * nnighfc the miller of Newtown Mill , near Melrose , having observed the supply of water in the dam : suddenly diminish , went to a large and unclosed pond , situate by the road side , where the sluioa is placed , to asoer . tain the cause . For this purpose he thrust in a dung-fork whea to hia astonishment and horror , ha drew up the body of a little girl , the daughter of a person named Jane Main , who resides in the village Another girl , the daughter of Adam Thompson , labourer , betug missing , the mother , on aeaxmgof tho occurrence , came to tha spot and expressed her apprehension that her child bad shared tbe same fate , Unfortunately her fears were too well founded , for the next moment the lifeless body of her offspring was dragged to the side . The two little girls , who were inseparable companions , had , while playing together , fallen unobserved into the pond , which is of considerable depth , and wer § drowned . —CaUde * donian Mer&ury ,

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      g THE NORTHERN STAB . ' - ¦ ' . . . ,. .. . ; ¦ , . ; „ __ ¦ .. - — , ' ¦ ¦ . . ; .. ¦¦ . ' ¦ ¦ ' . . ¦ . ¦ -i . — -. J \

  • Citation
    • Northern Star (1837-1852), March 25, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct927/page/6/