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Northern Star (1837-1852), 17th March 1838, Edition 1 of 2, Page 6, Untitled Article

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      YOR ^ HIRE ' XJSNt ASSIZES . - - - - ¦ - ¦ * : ; ' ' ¦"¦ ; : m ' v " ] . y - ' CROWN COURT , Satubdat , Mabch 10 . ., { Before Tftomaa Starkie , Q . C . ) Jehst Moore , Si , t was charged -with a burglary , at Has-orth . and wiii iiaving stoles from the dwelling Itouse of William Fearnside , a gun , a- watch , « fec . Tkk prisoner gave evidence in the case of Shackleion , Holmes and Bottomley . He pleaded Guilty . BURGLARY AT 8 OUTBOWRAM . Eiiis Nicholl , 50 , one of the prisoners who broke oat of the Castle , was charged with having in the night between the 17 th and 18 th of July last , broken into the dwelling-honse and shop of Wm . Bentley , aad stolen' therefrom a quantity of check * linen , ¦ cotton , tea , tapes , and other articles . MrVWjsjrer was forthe prosecution . He was taken by a -watchman with part of the stolen property in Ms possession . The Jury fonnd lim Guilty . - KTABBIXG AT SHEFFIELD . ~^^^^^^^^^^^^ Bw ^^^^^^^^^

      John Cbariesworth , 32 , was charged with having on ihe 21 e * of July last , at Sheffield , stabbed his wife , with intent to do her seme grievous bodily liann . Sit ^ Gebgobt Lehts and Air . Overexd wer e ibr the prosecntion . The prisoner was undefended . Mary Charlesworfh—I am the wife of the prisoner . I remember the 20 th Jury last . When he came home in the night X was in bed . He said he had taken anotherhouse , and I was displeased with him ; we ¦ quarrelled over it . He had been drinking all the ¦ we ek . I was in the yard that night , where he gave jne a slap . on the head . H « went out in the morning , and came home again between twelve and one o'clock in the day . 1 was in James Wilson ' s house when he cameliome ; I saw him at his own house , but I would not let him in . I met him at the door ; £ fonnd fault with him being drunk and being away all the day : we quarrelled over it ; he wanted to set in , and I would not let him : we had a scuffling ;

      I struck him in the face , wiien I felt something hurt my . arm ; it was like the scratch ef a pin ; it did ' nt bleed ; the . docter put some sticking plaster on it : it was near the elbow of the left arm . I went towards John Dickins's house ; my . husband followed me . I got to the door , and whilst I was « herem . T husband came up , and he did the same as ^ a £ first , " but in the back ; it bled alittle . After I iadreceived this injury , I went home ; some of my neighbours went with me . They took my husband ^ wsy . An hour aft erwards , Mr . Carr , the surgeon , came tome , and Mr . Foster alsofl did not lose jnach blood . I did not keep mv bed in consequence . Mr . Carr came once , but Mr . hosier oftener . By the Court , —I struck him over the face with a bit of a brick , sir . —( Laughter . ) John Dickens , Joseph Oliver , James Wild , and Mr . John Foster ^ were severally examined and gave sjxnlar evidence . ..- " - ¦ '

      The prisoner in defence said that he had done all in Ids power for his wife and children , hut she was always quarrelling with Mm and his neighbours . He would not have done it if he had been in his rieht senses , and hoped that the Jury wonld con-. ader it as a family anair . The Jury found the prisoner " Not Guilty . " ATTEMPTED 3 JUBDER .

      George Evans , 19 , was charged with having , on the 21 st of Augnstlast , at Rawmarsh , stabbed Benjamin Baynes , with intent to murder him . The bill against Wm . Wilson , charged with the prisoner for the same offence , was ignored by the Grand Jury . Mr . Cottlxgham and Mr . Baixes were for the pTosecQTion , and Mr . Mavde for the prisoner . Benjamin Baynes—I was employed at the ironworks on the " Rotherham and Sheffield railwa v . I -was : at a public-house tUl about twelve o ' clock . Some men went out , and Wm . Brown came back and said somebody was killing William Murpus . 1 went up to the crowd , when I heard some one srt .

      jpxe him a knife . I threw myself into the crowd -and I exchanged a few blows ¦ with some one , when I igot stuck on the left side cheek and near mv ear . I fell down : I can ' t say who did it . The next day 1 } t . Blytheman attended me . - Cross-examined—I was not sober ; I was very iresh- I might tell Mr . Blytheman that Wilson and ; £ cans only acted in their own defence , and I should have done the same if Lhad bean similarly situated . I have come from Wakefield House of Correction ; I was there before for neglecting my work . The last offence was for assaulting a female ; I was sentenced to three months imprisonment at Doneaster sessions for it . I have been charged" with stealing shoes . ( Laughter . ) '\ Not Guilty . "

      Matthew Spiffing-, who had been out on bail was -charged with -the manslaughter of Isabella Turner , at Ecclesfield , near Sheffield , on the 5 th of July , 1836 . Mr . Stahkie and the Hon . J . S . Wobtley "werefor the prosecution ; and Mr . DcxDAs and Mr . Baixes for tne prisoner . The prisoner is a surffeon ef extensive practice at Ecclesneld , and has been such for a great number of years , and the deceased -was the wife of a poor man residing at the same place . The present charge "was for baring occaaoned the death of this woman , under-the following circumstances . On the evening in question , about ten o ' clock , the prisoner was sent for to attend -deceased who was men far advanced in pregnancr , - and who required medical assistance . He did so . and the witnesses for the prosecution deposed to his appearing to be inliqnor , and in consequence of the incautious and violent measures he adopted , the

      deceased expired under Ms treatment He had attended her on four previous occasions . After all the circumstances had been detailed , Mr . Dcxpas addressed the Jury on the prisoner ' s behalf in his usual strain of eloquence . ^ He contended that-the p risoner had done , what , in his judgment , he thought it right to do , and called witnesses to prove the perfect respectability of the accused party : —Mrs . Marv Brammall , Mis . Clark , Mrs . Nanny Foulstone , > Irs . Ann Greaves , Mrs . Fanny Whittam , Mrs . Mary Greaves . Mrs . Walker , Mrs . Hannah Brown , Mrs . Unwin , Mrs . Stringer , Mrs . Mary South , and John JefFcock , Esq ., were called , who " gave the prisoner an excellent character . The Jury retired , and after xhey had been absent about an hour and a quarter , returned a verdict of Guilty , but strongly recommended him to mercy , / the prisoners counsel handed in a certificate of prisoner ' s character to the Jud ^ e .

      COUMISG-HOUSE ROBBERY . ¦« - " Jonathan Parkin , 27-, was charged with having , on the 30 th of December last-jat Doncaster , stolen from the counting-house of Wm . Haywooa Morris , ten promissory notes of the-value " of £ 5 each , seven sovereigns , a half sovereign , a quantity of silver coin , a pock » t-book , and other articles . Mr . Baixes and Mr . Walker were for the prosecntidn , « nd Sir Gbegobt Lewix and Mr . DvxDAS lor the jsisoner . ' . - . ¦ ' . . - The case was not of any pnblic interest . The prisoner was convicted and sentenced ¦ ' Co ' fifteenj-ears Transportation . "

      HAISTLXG CATTLE . James Hey , 65 , was charged -with having , on the Tiight of the 20 th of October last , maimed fonr cows , the property of Thomas Clegg ,: and five cows , the property of " Jonathan Crabtree , of Stansfield . Mr . BAiXEs ' andtheHon . J . S . Wobtley were for the prosecution , and" Mr . Cottixgham was for the prisoner . Thomas Clegg . —I am a cow dealer , jand reside at Stansiield- I know the Hipperholmefarm ; prisoner tras farmer there nnder \\ 21 iam SutcHffe . 1 remember a sale on the farm in October . I bought

      three fields of grass for winter feed ; I paid the money to die landlord . I afterwards put mv cows into the fields . On the evening of the 20 th October iair them ; the field was about 200 yards from prisoner ' s house . On the next day , alxrai eleven o ' clock , frem information I received , I found four of the cows with three " paps" cut ; I had nine cows in the field . I found some blood in the field where I lad left the cows . One of them was a brindled cow ; I offered no reward ; Jonathan Crabtree did ; he had asother lot of fields . _

      Cross-examined . —Crabtree had five cows injured . I know sometimes the prisoner has walked on crutches . I have heard folks say that prisoner is

      iea-handed . Simeon Dyson . —I am a labourer , and reside near Stansfield . I remember the 20 th of October . lhad been in company that evening with John Barker and John Scarr ; I promised to kill them a hare . 1 met with a person named William Lord , and I asked Mm to accompany me . I parted with him at ten o ' clock ; 1 had a dog and net , used to catch hares , -with me . I crossed several iields , and came- to ¦ where Clegg's cows were feeding in the J * ew . Meadow . 1 saw James Hey there ; I had known

      Mm by sight ten years or upwards j he had a crutch aad knife in his hand . ' 1 saw him go towards a -cow : Twas about six or eight yards from him . I « . w ftJTn lay down the stick , and offer to scratch the « ow ; he cut it * and the cow "bawled . " The cow was dark brindled , or brown ; I went away to the - « ther fence , to let T" ™ do as he liked . , The Jcdge observed to the jury , that he was afraid tiey would not believe the witness ; they could not convict a man upon guess work . . ' The jury immediately returned a verdict of » Not

      JtAtlClOTJTS SHOOTIXff AT SOUTH KEWBA 1 D . DaeidJettison , 30 , was charged , withharmg , ' on Ae / th Dec . halt , at South liewbaM , shot at « id « oonded hi » fether , Wm . Jetfison , » ith a pistol . l £ r . Stabe £ and Mr . Akchibai . i > wer&fortheprose « BlaeB , andMr . BAuiE 8 andMr . BAKitorthepnaoner » Wm . Jewison—The prisoner is my son . -On thV 37 th Dec , ] I i ? member being at tea ' with myjfife ; I sv thje ^ p risoner ; he came in , and my -wife said , ¦** treili Dwd , at down and have some with us . " He ¦ ttfcad' ^ flyjtrut-irent to U » table , lifted Ms hand aad « ald » l grre you that , yon d——doUTaKaL " TJjebjdlcutthrong hmyban&erebiefand windpipe * Jt wa # found brtcween my handkerchief and throat Vben I recovered my * e ! f I saw prisoner scuffling m&fk&r wife . I was !>!• » dy . I seized him ,, and

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      said , " yon rascal , you ' re shot me , are you going to ahootmywife . " Cross-examined—Abont four or five years ago , p risoner was thrown offhis horse on to his head , and he was taken to Market Weighton , wherehe remamed in an insensible state someSayg , and required medical attendanee ior some m&B&g . When-prispner did this he- was separated from his wife and children J he slept at my honse . He was muchputabout rejecting his future prospects ; liquor would afiect him muth . Different times during the week he was in a state of great excitement .. - Mrs . Alice Jewison-r-I am the wife of last witness , but not the mother of the prisoner . I was present when the prisoner fired the pistoL When prisoner gets a Ktfle liijuor it affects his' mind , occasioned by the hurt in his headand he has no government of

      , himself . - Wm . Windasf *—I live at South Newbald . I remember seeing prisoner between four and five o ' clock on the ? tk ofDecember walkingup the street . He asked me how I was ; I said " very welL" We walked together ; I said " don't call your father and get on as you have of latej I ' m going to your brother ' s , . go alone with me . " He turned up to his father ' s eate . I heard a great ? smack" and heard Mrs Jewison scream . Ske ' said "for God ' s sake take care of David , he's shot his father . '' I saw the prisoner nothing passed between us : I catched hold of him and took him away . He was drunk ; he was very much in liquor as we walked up . I got some person to take charge of him , and I went for die' constable . Thomas Christy Duke—I am the constable of South Newbald , and I apprehended the prisoner on

      the / -th of December . I found in his pockets abrace of pistols , and some powder and shot . He held out hishand to shake hands with me . He told me he had bought the pistols at York before he went to America . He said he had bought them for himself , and had a few days before put one of them to his heart , but something appeared to say to Mm , God wouldn ' t rive him flesh , and his hand fell . Mr . Jeffereoa—Cross-examined by Mr . Baixes—I am a surgeon residing at Market-Weighton . I remember prisoner falling from his horse in the summer of 1834 ; he sustained a very severe injury . Prisoner continued at Market-Weighton about a week ; he had sustained concussion on the brain ; he was ten or twelve days insensible . I considered his state very critical . I should consider , after such an accident , when in a state of excitement , he would not have sufficient command of himself .

      Mr . Williamson—l ^ saw the prisoner on the night before this occurrence ; he seemed to be much excited ; he attempted to cut his own . throat with a carving knife , but J took it from him . _ The Jury immediately found the prisoner " Not Guilty , * " ' on the ground of insanity . The Grand Jury found true bills against Joseph Jefigate , for murder , Robert Low ther , do . ; Anthony Pnnshon , for maliciously stabbing ; Wm . Gravenor and George Cooper , for forgery ; William Brooks , Joseph Greensmith , Joseph Swaine , Joseph Tillotson . and William Wheater , for rioting ; and George

      Evans , for cutting and stabbing . They ignored the bills against AVilham Wilson , for stabbing ; and the Rev . William Deut , of Crosby Coate , nearThirsk , for an indecent assault on a female . They also found true bills against James Wheater , for forgerv William Smith , for ditto ; John Dixon , John Hill ^ and John Storf , for stealing froma ship ; and against a few others , for different offences ; including Wm . Fowler , for manslaughter . The bills against Thos . Bottomley , for manslaughter , and — Gibson , for horse-stealing , were ignored . The Grand Jury were discharged , - with the thanks of the Court for their attendance .

      MANSLAUGHTER AT MlDDLESBOROVGH . William Foicler ,, 24 , was charged with the manslaughter of Cnthbert Hutchinson , at Middlesborough , on the 19 th of August last ; he was also charged on the coioner ' s inquest with the wilful murder of Cuthbert Hutchinson . He pleaded not Guilty to both charges , and the trial for manslaughter was proceeded in . . ¦¦" Messrs . Addisox and Temple were for the prosecution ; the prisoner was defended by Mr . Duxdas . It appeared from the examination of a ereat number of witnesses , that the ! deceased , -who was a shipwright , at Middlesborongh , near Stocktonupon-Tees , along with two men named Macbeth and Walton , were at a beer-house at Middlesboro ' ,

      at eight o ' clock in the evening of the 39 th Augnst last , when the prisoner came in , said he had been fighting a man , placing himself in a fighting attitude , and began to show the company what he would have done to the man ifhe had not been drank , and while doing so , inadvertently struck a man named Wilkins ; he soon after went out . About eleven o ' clock the deceased and his party also left , and met with the prisoner and two other sailors in Coimaercial-street ; some an-jry words took place , one of the deceaseds party o ' ffered to fight the prisoner , and stripped off his coat for , that purpose .

      After some more quarrelling they all went into a passage called Brand ' s passage in quest of a female who had been in company with the prisoner ' s party ; while there the deceased received a deep woundin his left side under his fourth rib , which was so severe thathedied . in a few minutes before he would be conveyed home . The evidence connecting the prisoner with the diabolical act was composed partly of his own admissions , and of the fact of a large clasp knife , abont eight inches long , vrith a bloody point , being found in his possession . The trial occupied the Court above six hoars . The Jury after being absent about five minutes returned a Verdict of Guilty ; sentence deferred .

      MONDAY , March 12 . _ Mr . Justice Coleridge being indisposed , the presiding Judge this morning was Mr . Serjeant Atcherley .

      MANSLAUGHTER AT HALIFAX . Peter Harrington , 21 , was charged with having , on the 25 th of December last , feloniously killed John Ingham , at Halifax . . Mr . Baixes conducted the prosecution , and Sir G . Letvix defended the prisoner . The following evidence was called—Samuel Hilton , a shoemaker at Halifax , suited that he had known the deceased for many years . He was abont b 7 years of age . He also knew the p risoner , who resided at Halifax , and was-a bricklayer ' s labourer . On the night of Christmas-day last , he saw the deceased at the bottom of Chape ' l Fold , at about ten minutes before ten o ' clock . He saw the prisoner come up from the yard , and strike the old man as he passed him on the breast . He lifted deceased up , and blood issued from his mouth . The prisoner then Tan up the street He kept hold of deceased until a man , named Simpson , took him home . :

      Cross-examined . —Prisoner was the only person he saw that morning ; he came running down the fold , and struck the deceased as he was passing , without saying a word . William ' Roper stated that he was in the street a few minutes before ten o ' clock on Christmas night . He heard a cry of " Stop that man , for he ' s killed another . " He tried to stop the first man he met , and tripped him up ; the people who pursued surrounded and seenred him . He saw John Ingham at the bottom of the street laid on his back ; but he did not lift him np . ¦ -

      Mr . John Lister , surgeon , at Halifax , stated that on the 26 th of December , about noon , he was called in to see the deceased , whom he found in bed at his lodgings . He examined him , and found that he was labouring under a concussion of the brain , but there was no external wounds He considered the case hopeless . On the 1 st of January his patient died ; on the post juortem examination , he found considerable effusion of blood on the brain , andafractnre on the back side of the head . The fall mi ^ ht have produced death . ° Sir G . Lewix , in his address to the Jury , contended that the death was occasioned by mere accident , which might have arisen to any other person under similar circumstances . The Learned Counsel

      then called the following evidence ^—John Kelly lodged with the prisoner at the house of Mr . Edward Colons , at Halifax . On the night in question , he went with Edward Collins , junior , and the prisoner in search of some persons , whom thev overtook nearjthe Talbot Inn . A quarrel ensued , and a man named Jackson struck at Collins . Prisonerinterfered , andJackson then ran away—the prisoner , followed hnn , and Jackson stumbled against the deceased , who had his lands in his pocket , and knocked him down . Neither of them struck the deceased . He had known the prisoner five months , and considered hnn a quiet and peaceable man . The deceased was at the corner of the street when the accident occurred .

      The Jury immediately acquitted the prisonerand the Judge , in ordering him to be discharged ! cautioned him not to run so fast again during the nighttime .

      POACHIXG AT 0 AKIX 8 HAW . Benjamin Swaine , 30 , ffHUam Brmcn , 32 , and Edteard Bennett , 33 , were charged with having on the 3 rd of January hist , shot at Joseph . Taylor , of Oakinshaw , withintent to injure him , or do some grievous bodily harm . Mr . Kkowi . es and Mi . Isoham were for the prosecutor ; Brown and Bennett were defended by Mr . D . Dun das , and the prisoner Swaine was undefended . Jacob Mitchell is gamekeeper « f tibe Manor of Hunsworth . On the morning in question , about haM-past two o ' clock , "he went with Edward Taylor

      William Bateman , and the deceased , Chats Wood-End , where they met with . thnee watchers , John Smith , Benjamin Walker , 'and "James Boothroyd . WMTeiaCUfis Hcffin'g-laoe , ~ whieh is near Chats Wood , he saw Edward Taylor , who was a : littte in advance of them , Ml sideways , an ifhe wm knocked down . . He looked up the-wood and saw a dozen menafew yarasfrom . them , The . ^ ightwa *« ome what dark , but the foundries reflected jome light Two of the party of poachers bid guns , and the xest had large bfudgeons . When they came up to them , he saw Benjamin Swaine—one- of them said , •*• d—n you come up—we ' re ready for you to-night . " Pre-

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      vious to this , £ dwarcLTaylor ; h « d aaid to the poachers " come up lads . " He then attexopted toget over the wall to the place where . they-were , wheixr ofle of the partythrew a stone at' hud , which ; knocked him down , ^ ey th ^ peliell the P ^ rty witih . dirpss from the foundry ' . He saw Swaine throw stonesat ihejn ifromthe wall . He again attempted toget ' oyer the wall , when Swaine wasiabout three yard ^ from him--theprisoner said to his parrjr , " ** d- ^ n you shoot them j give me a gun , and I'll shodjL" "WTien Swaine said this , two guns were presented at them , witness shid to them ^ don't shoot—don't let it be mentioned at

      all . " The watchers again pelted the poachers with dross . Brown then came to the wall , but he did not see Bennett ,. . Swaine said several times" come up with the guns—if yon don't shoot , give me one , aud ^ . wilL' ^ Wi ^ new a gain went to Ui& vfvi \ when one of fliem said— TBlow him back . " , He then saw a man onhis knees with a gun oil his shoulder , on which he dropped under the wall > . ? rhich was about eight feet Tnghl Witness adnsea his party to go down the lane , or he said they would be shotj which they refused to do at first : butnltimately went . ' ¦ - - ¦ ' " - ¦ ¦ ¦ ' . ¦ ' ¦ " ,. ¦ ¦"¦ ¦ • ¦' ¦ ¦ ¦ ;¦ ¦ ¦ " : ;

      The poachers then came into the lane and pursued the watchers , when both parties run as fauf as they could . When they had ran about eighbr yaf ds , witoesai said to his men , " stand ; " they , howeveTj ran about twenty yards further , when he saw- a blaze from a gun , and the deceased fell against the cottage . Edward Taylor stumbled at the same time ; and witness thought he saw Swaine strike him with a stick . He saw the person who fired the gun ; and immediately afterwards the poachers ran away—they had dogs with them . By a Juryman ..--Witness did not know the person who fired the gun . Cross-examined . —Taylor was hit on the left hip ,

      while he was turning towards the poachers . Witness is in the employment of Mr . Charle % Carr , of Gomersall ; but lie believes the game is given to him by the Lord of the Manor . By Swaine—I did not see you with a gun . ' Joseph Taylor , a labourer , at North Bierley , one of the watchers , corroborated the above testimony , clearly speaking to the identity of the prisoners . Edward Taylor spoke to having been knocked down I'v a i « tonc , -whicH was thrown from the wood ' ; and James Boothroyd identified Swaiue » aud Brown as amongst the poachers . Isaac Hodgson , constable , of Nqrth Bierley , took Brown into custody on the ^ 5 th of January . He told him that the charge , against himwasi foringtitpoaching and shooting , a man at Hunsworth . Prisoner asked { i when ?' \ o which he replied , onthe 3 rd of

      Januarj ' . He said he had not been at his work since Christmas , but he should like to have to go on with it to-morrow . Witness told him that he would have to go with him . He apprehended Bennett at Great Horton , on the 2 nd of February , who asked the charge against him . He replied , night poaching at Hunsworth , on the 3 rd of January , where a man had been shot . Bennett said that he had a child poorly that night , and he was not from home ; but sitting up with his wife and wife ' s lister . On bringing Swaine to York , when they were near Tadcaster , the prisoner said he would send foreight or ten more to "i ork Castle , as he wouldnotsuffer for other people ; . he would send for them to bear apart of ij themselves . - _ Cross-examined . —Brown was discharged on the 5 th of January , and he again gave himself up three davs afterwards . ¦ .

      Mr . Hird , the committing magistrate , stated that John Oldroyd was called by th ; prisoner Brown , who admitted that what he said was true . The deposition was read—John Oldroyd , of Shelf , deposed that on the evening of the 2 nd of January , between five aud six o ' clock , he Was with the prisoner at home ; he was absent ten minutes at supper : and witness tlieu assisted him with some wool until two o ' clock in the morning , which was carried to Mr . Foster ' s . nextday . - •; Mr . Robert Hudson was then called in contnvdiction , to which Mr . Duxdas objected , and the learned Serjeant , after consulting with Mr . Justice Pattesox , overruled the objection . Mr . Hudson then stated that the \ yr > ol was brought to Mr . Foster ' s warehouse on the Cth of January , and not on the 3 rd .

      Mr . Dundas contended that the endence was not sufficient to convict Brown and Bennett , and that , therefore , they were entitled to the benefit of any reasonable doubt the jury might entertain . The jury , after a short consultation , found Swaine and Brown Guilty , and Bennett Not Guilty . Sentence deferred . CASE OF STABBING AT BKADFOIID . Anthony Penistron , 31 , was charged with baring , on the 10 th of January , at Bradford , maliciously stabbed and wounded Williani VVormald , with intent to do him some grievous bodily harm . Mr . Ashmoke conducted the prosecution , and Mr . Graxoer defended the prisoner .

      William Wonnald , a wool-comber , at Bradford ^ remembers the 10 th of January . At ten o ' clock that ni ght he was in company with a man named Cliff ; they went to the Neptune Inn , at Goodman's End , and while going there , they saw a ' crowd , and went to the other side of the causeway , where tbjts prisoner lives . They saw the prisoner on his cellar steps , and without saying anything , he attempted to strike the witness . He lifted * np his arm to -ward off the blow . Prisoner then went down the cellar « teps , and brought up a caning fork , which he stuck into the thigh of witness . He was carried home by Cliff , and confined to his houst * a week in consequence . Prisoner appeared to be very drunk .

      Cross-examhiedi— He had had some drink , having been at Moyser ' s beer house ,: where he w ; as turned out at ten o ' clock . He did not kick the prisoner before he went for the fork .. Prisoner is a watchmaker , living with his father , and carrying oii business as aTwatchmaker . George Cliff , a woolconiber , saw the prisoner strike AVormald , ¦ which he fenced off , with his hand . Prisoner then ran down the cellar steps , obtained a fork , which he forced between the rails , and stubbed Wormald in the tMgh . He did not see Wonnald knock the prisoner ' s hat off , or kick him . When he had stabbed the prosecutor , the prisoner said , I ' ve stabbed him with a fork , and 1 liave a knife , and I'll stab you , you long b—^ - * -r . "

      Cross-examined . —When we went to prisoner , he was swearing aud talking against the teetotallers . ^ ( Loud laughter . ) ' Sarah Pritchettmerely corroborated this testimony . In cross-examination she stated that she was not a " teetotaller . —( Laughter . ) Mr . Robert Kirby , surgeon , of Bradford , stated that he attended the prisoner , and found two small wounds on the front of the left thigh , which appeared to have been done with a fork . John Andrew , constable of Bradford , apprehended the prisoner on Uie night in question , and took him to the lock-up . He told him that he had been verv

      violent , to .-which" . the prisoner replied that he would st < ib the first man hie met with . Mr . Graxger asked the jury if they could believe that the prisoner would commit such an outrageous assault without some previous provocation ; and called the following evidence hi contradiction . Richard Boardley , a wopUcomber , at Bradford , remembered seeing the crowd near Punshor ' s door . He was the first there , and saw the prisoner with the fork a quarter of an hour before the prosecutor came up . A person named Wickett , a teetotaller , was talking to prisoner about breaking his pledge , and a conversation ensued between them .

      After the Teetotaller and prisoner had been in conversation some time , the latter went down the cellar steps , and Wormuld kicked him in the lower part of his body , and knocked hishat off : on which the prisoner struck him with the fork . Richard Hill , a wool-comber , at Bradford , gave the same account of the provocation given by the prosecutor . _ The Jury found a verdict of Guilty , when Mr . Granger moved for an arrest of judgment , onth& ground that if death had ensued the crime would not have been murder . The prisoner was ordered to stand down . .

      FORGERY AT BRIDLIJIGTON . George Cooper , alias George Cooper Brittlcbank , was charged with having , on the 17 th of February last , forged a certain Bill of Exchange , purporting to be drawn on Messrs . Allen and Co . of Edinbro , with intent to defraud Messrs . Harding , Smith , and Co ., bankers , Bridlington . Mr . ADOLPHuswas for the prosecution . The prisoner on the day in qruestion , went to the bank with a draft , which he' said he wanted to draw on the bank of Allen and Co ., London . Mr . Harding said there was no such house in London , but there was in Edinbro' : on which the prisoner renlied

      that at was a branch of the same bank . He sail that he had been established a few months as a millwright , and wanted ten guineas that day . Mr . Harding refused to cash the paper unless it was indorsed by some respectable neighbour ; prisoner went away , and shortly brought it back with Mr . Chapman s name upon it , who distinctly swore that it was not his hand-writing , nor did he authorise any person to sign it . The prisoner it appeared hacl procured a boy named Coate 3 , " 16 years of age , to write the name of Chapman upon it . The Jury found the prisoner Guilty . Sentence deferred . ¦'¦ ¦ , The Coidrt then adjourned ; ''¦

      GRAND JURY ROOM . _ Owing to thejuessure of business , T . Starkie , Esq ., Queen ' s Counsel , this day , presided in the above room . James Crabtree pleaded Gnilt " y to hiaving , at Idle , stolen a quantity of wearing apparel , beloneintr to Thomas Br « aiey . SeVeral witnesses gave Wa # ood chanicter .: S « mtent 3 e " deferred . v - - - James Jaekstm - wk » charged with havme . bn the 3 rd of August iaiii iatokn a heifer , the proDertv of Jamels ^ Marfitta , oF ^ Kirby-Misperton , neSe " ing . The projecutor employed the prisoner on the 3 rd of August last , to drive a heifer from York fortnight fair to the prosecutor ' s house . The prisoner went off with the beast , but instead of driving

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      ii to ! Kirby-Mispertonrhe ? sold * it ih York io fad butchers , named Thomson ^ nd : ^ glisj who alaugh ^ tered it the same day * The p % ? oner was apprehended about a month after , at Brtdlington ,, He was found Guilty , ^ but a point tof law wai reserved lor ! furthe ? consideration , as to whether © jt ntt the offence was committed within the jurisdictioti of the County . . JriepkMlufrl ^ Wi : ^ charged with steahng 300 lbs . of yarn , the -property of ^ Vp am Ciisrtons and Co ,, of Great Halton * near Bradford , Messrs , Cottinoham and WAsisEYwere

      for . theprosecutor . Mr . Wortijey defended Joseph Pollard ; aoa Mr . Bliss defended the other prisbiier . It iappeared that the prosecutor ' s warehouse was broken open on the 7 jth of August , and the yarn stolen ( framit , The evidence principally ^ relied upbh ? te the tes | iihony of two acceBSories after the fact , to whose care the prisoners ^ ere stated to have given the yam , and in whose : possession it was found . . ^ Their characters wete , liowever , of tiiat descrintion that the jury could not believe them , and after an investigation of five hours the prisoners were found '' Not Guilty , ' '

      TUESDAY , Marchv 13 . : Before Mr , Justice CoLERtDGE , \ VOStAN liiLLEn BY HER HUSBAND . Joseph Berri / } 23 ,,:. pleaded guilty to having , at Alihondbury , feloniously killed tiis wife , MarV Berry . Iupleading , the prisonor said , — " I hope you'll have mercy on me ; " and Mr . Bliss ^ his counsel , called witnesses as to character . Sentenced to be " Transported for Life . " ; ' ^ Oh the case of Isaac Foster &ai-Charles Cawthery , charged with having ^ oh the i 9 th of September , robbed William John Jack , land surve yor , at Leeds , being balled v Mr . Cottinuham moved that it should be respited j in ^ consequence ofthe absence of a matenal witness , named Colqudhoun , which was opposed by Sir G re « ory Lew * in , the counsel for the prisoner ; and he was ultimately held to bail until next assizes . ¦ ¦ - . ' * " - ¦ : '* ' : ¦ ¦ ¦ ¦ ¦'"¦ : " u . ' . '

      ; , ¦ SENTENCE ON .. 3 IR . vSEILUN . Oi-Matt / teio Spilling , who was convicted last Friday , of having , by his negligence ^ killed a woman ia child-birth , was then placed at the bar . His Lordshib said that during the time he had held thn ofHce of Judge , hp . npvor M-oo iiiorw pained : 0 , t having to pass ^ sentence on a prisoner . Hbhad tip doubt , both from the evidence adduced on the trial , ; and from the infonnatioh he had received from * the attorney for the prosecution , that his former conduct , as a . professioual " nian , had been-iiot only free , froiii blame , but humane and skilful . He also found that while he had the care of the poor of the parish , he had conducted himself properly , without the harshness

      which ill-educated : professioual men . sometimes exercised—in fact ,: so much so , ^^ that although , from mot iyes of ill-judged economy , the care of the poor had been removed froui him , it was afterwards restored . When he knew this , he felt sorry to have to sentence ; him , in consequence of the opiition of the jury , that he had coiiducted himself V * ith great rashness , by tising insti-uments at a time when any person competentl y iiistructed in the principles of the profession , would iipthfive employed them ; and that in the Use of them , he had displayed great want , ol skill and consideration . "Whoever Undertook a profession of this nature , whs bound to bring w'ith him a competent skill and great hutnanity and

      patience , it had been .-ihtpressed on the jury that this was ., a question . of mere error of j udgmen t , or an . accident , for winch lie was not blameable . The jury , however , thought the cohtrary , and he admitted that he agreed with tliem ^ tlibugh he veas at a loss to kuow to , what the carelessness , and wan't of skiU in this instance wiis owing , The consequence had been the loss of human life , and whoever sat in the situation of Judge , must hold the preservation of human life iu great estimation . ' - ' He was sorry to have to saj- aiiythinK to a person like himself , tn

      aggravate tlie suffemig . s he must feel . He hoped that the sentence he was called upon to pass would have the oflect of showing that tins offence was regarded as . a very serious one , though he was anxious that the pmiiislmWnt should liot exceed the bounds which justice dictated . He trusted that the punishment would have its proper effect , and that he would return to the place where he practised with hii * general character unblemished . The sentence he had to pass upon him waa that he be imprisoned in York Castle fur Six "Months . " ! ¦ .

      BLltGLARY A T HAWORTHi John Moore , who la-tweek gave ^ evidence ^ against Shackleton , Holmes , and ifotfomley , pleaded Guiltv to hariiig been engaged in that burglary . Judgmeiit of Death was recorded , when his ' Lprdshi p , uitimated that he would be transported for life . " -. ' ¦ ¦ - ¦ : . :

      STACK BURMXti AT PUDSEV . * v EdivurdColt-man , 21 , \ va ? i charged with having on the 11 th October , set fire to a stack of hay at Pudsevvthe property of Mr . » IohnCiayton , of Horton . Mr . - .. Baines and Mr . Wasxev appeared for the prosecution ; the prisoner , was undefended . The facts of the case . were as follows : —The -prosecutors are " -the . executors of the late Mrs . Hirst , of the Sun" Inn , at Bradford . Five ; years before this arson , the prisoner Wiw in her employnient , and wag dismissed for bad conduct , on which he said that he would be revenged for it , The fife took place on the night of the 10 th of Obtolier , at which tirae the pnsoner went from Leeds to Bradford : and the

      stacks : were situate at Quarry Gap , about two miles from Bradford , near the roud . While oil his way to Bradford , the prisoner hiet with a waggoner named Parkinson , who was taking his ; Svaggon thither . In the course of / conversation-, the prisonur prbduced a box ojf lucifer matches , lie asked how to use them , which . Mr . Parkinson showed : him . Tliey went together as far as Calverley Moor-tolUbaf , and when near Stanuingleyj the prisoner said , tliat when he got to Bradford , he ' would have a lie down under a hay stack . " Parkinson said lie had better lie do wii under the stack which was near them ; to which the prisoner replied that " the winU would blow Cold uuon

      him there ; he would go to Quarry Gap , as he knew it well . ' The prisoner left him at Dick-lane ^ which leads to Quarry Gap ; it was then about two o ' clock m the morning , and in an hour afterw : ards the stack was discovered on fire . About six o ' clock the same morning , the prisouer . said to a person at Bradford , There ' s been a fire at Hirst ' s ; they ' re ameau set ; and I'll be right with thorn yet . " When before the Magistratesj the prisoner attempted to explain this by saying that he first gave the alarm of fire , and worked at the erigine . Wheii taken into custody by Mr . Iugham , he admitted having beeu with the waggouerj but denied that he had any lucifer matches with him .

      The Jury , from the deficiency of evidence , found the prisoner " Not Guilty . "

      FOnOEUy AT LEEDS . ¦ ; James if 'healer , 30 , was charged with h « iving , on the _ Uth of May last , uttered si forged acceptance on a bill of exchange , purporting to be the acceptance of Mr . Baker , with latent to defraud Edward Cuarlesworth and others , of Leeds . air . Starkie and the lion . J . S . WpnTLEr were for the prosecution ; the prisoner was ' defended by Mr .... t ) uNDAs .. ' ¦¦¦¦ : ' . " ] ... ¦ ¦ ¦ ' ¦ - . ¦' .- ' '• ' * . ¦ ¦ : ' ¦ ¦ ¦' . ¦ ¦* . The prisoner ' a father is u cloth-manufacturer near Leeds , and was in the liabit of transmittiug to his son in London a quantity of cloth for the punjosesof sale , in payment of which he transinittedTxills . The prisouer had a warehouse jit No . 31 , Almondbury . In-May-lasti the father received a billi which was taken to the Leeds Commercial Bank , In Sep temb « s the father fell into difiiculties , and made an

      assignment ior the beheht of his . creditbrs . Mr . Lee , attorney , then went to Loiidbn , and askedthe prisoner for the key of the room Ayhere his property was kept . In a desk there , Mr . Lee found several bills of exchange , and on one of them the eiidbrsement was found 'V Mr . Baker , 31 , Almoiidbury , City , " dated 6 th : May , 1837 . No such person ,. however , could be found , and it was ascertained that the bill "Wasa forgery . Other bills were ^ found indorsed with the n ; unes pfBaker , Brbwii v and Cl ^ rk . ' Mr . DuMbAs addressed the . Jury on behalf of the prisoner , contending that no proof of the forgery had been given ; that up to that time the prisoner had borne an unimpeacnabie character , and that it was improbable he Would commit a forgery to injure his own father . G uilty ; but recommended to inercy . — Sentence deferred , ;

      MALICIOUSLY STABBING . . John Eyre , 50 , was charged with haying , on the 18 th November , ; at Doncaster , w-ounded George Wood on sfeyeral parts of the body , with intent to do him some grievous bodily harm . . Mr . Baines and Mr . Walker , appeared for the proseciitor ; the prisoner was defended by Sir G . Lewin . ¦ .. . ¦ . ¦ .:- ¦¦' : : . ¦ '¦ . ' . ¦ - ¦" . . ¦ ¦• . ¦ *¦¦ ::. * : •¦ : * :-The facts of the case were as follows : — -On the 13 th of November , the prosecutor , who is a labouring man , residing at Bentley ^ nearVDoncaster , was at poncaster Statutes . On coining out of the Falcon public-house , he was met by the prisoner and hi ^

      wife ' i when some quarrelling took place , and the prosecutor was stabbed under the right arm and on his breast . "V ^ hen the pri soner was taken into custody , he said that the prosecutor had struck him first ; The Judge considered the evidence hot sumcieht ' . 'to convict , but observed that this scandalous system of stabbing was mcreasmg very inuch in Yorlcshire . It was , more like foreigners than Englishmen ; and vrtfen such cases yrere proved heforeliimj he Should feelithw duty to pass a severe sentence pi the guilty , parties . : : . .. ¦•¦ - ;• . ¦ *¦ ; * * V ¦ : ¦ " ¦ ¦ . ; ' . , ¦ . ;•; ¦ . ¦ . ; , . . ¦ * ¦; - ' . . < * . "

      : Jose p fi Greaves ^ , 23 , Joseph Srbtimi , 21 , and Henry Coldwell , 22 y were charged with having , on the 5 th of Novemljer last , together with- John alias Joseph Hutchinson , stolen from the warehouse of Joshua Hoyle , of Holmfirth , fifteen pieces of broad and narrow clothB . ¦ -,. ::::. / . ¦ ^ . y -V ; - ¦ . - .-¦ . - . ' . ' - - ' -. >;¦'• ;• ¦ ¦¦ - ¦ '' :.. -Wt , PUNDA 8 and the Hon . J . S . ^ Tortiey were Coun ^ l for the prosecutioii ' , Sir GftEooRY- lit&iii defended Greaves , Mr . Bliss wag for Brown , aha Mr . GbS ^ nser defended . jE ^ itwen . : . ^ .: ^^^ - " .- ;; : ^^ The prisoners were charged with this offence , along with a man named Hutchinson , who : had escaped from prison . The prosecutor is a clothier

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      at Holmfirth , and Mb warehouse if situate at Sheffield , which he rents' of a ; person nametfWright . In this warehouse cloth of different kinds were deposited ; pioaecutoroid not Uve at ^ hemeld , but he attended Sheifield market oace a week ; ft seems that on the 1 st bf-Nbyember last , the prosecutor was at Sheffiieldi when he saw that his warehouse was all right , and there ^ emphVe , bfown ^ claret , and blue cloft ^ of his own manufacture therein , and on which cloth there was some distinguishing mark . Prosecutor ; wenit to Manchester ancf when oh his road returning home , be heard of his having been robbed ; he heard this oh ihe Sunday . Onhisgbing to the warehouse he found that ; it had been entered , and that the thieves had cut a hole in the door . He

      missed fifteen or sixteen pieces of cloth . No person was seen ; to ^^ do ^^ the deed and ^ erefbre the charge rested on cucumstentiaj evidence ^ together . About twelve dav | afterwards , Hutchinson anil the " other prisoner pegan dealing with some portion of the cloth in ; question , as iii it Was their own , and then they divided the money , ftte produce of these sales , amongst them . Hutchinson had a considerable portion of this cloth in hit * house , which place every one of the prisbners Visited . Thus before ^ herobpMy they werewell acquainted , and afterwards they were found managing and deaUhg with the cloth as' if it were their own . Oh Monday , the 13 th of November , the prisoner Greaves went to o . beerhouse , kept by : •* person ' -v-of the name of Littlewoodj having , a hundle with him which contained oh ' ye cloth , and he wished the landlord to purchase it . Litdewbod ,

      the landlord , would : not purchase ; it himself , but mentioned : Mr . Li ^ ef , the pawnbroker , who would . There ; was . seven yards ; . ; 6 . f . this cloth , ior which the prisoner asked 7 s . 6 d . a yard . The cloth was taken to Lief a , and he gave the landlord ^ 12 s . 6 di ; he returned with the ^ oney mA MA it upon the tables when the . -four men divided it amongst them . Having paid the shot for the liquor they had had , they Went away . Oh the next evening , about dusk ,, the four men went again and Hutchinson had a bundle with him . Littlewood again went to Mr . Lief for the purpose of disposing of some cloth , when the latter detained the' cloth , and on the ^ following morning he called in Mr . ; Wild , the constable ; who appreheuded some of the . prisbners . Coldwell was not apprehended till some time after the other three men had been taken . ¦

      . In the cross-examinatibn of Littlewood , he cbnfessed ^ to hanng been convicted of b , felony some fjme since ,: and sentenced to six months' inrprisoh ment in the Housd of Gbrrectibn . He had also been in prison for other offences . ¦ ¦' .. , fhe . facts having been detailed , the . counsel'for the prisoners addressed the Jury oh their behalf , and witnesses Were called , who ; gave Cold well and Greaves a good character , when the Judge summed up , and me Jury found the prisoners G uilty . The Judge sentenced them " to be Transported fifteen years . " ;¦ -. .-. . ' ¦; ¦ ¦ . ¦ , - . . *" .. ¦ The Court rose at eight o ' clock . ' .: : ¦

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      NISI PRIUS COIJET , Friday , March 9 . Before Mr . Justice PATTESpN . His Lordshi p took his seat this morning at nine o clock . : ' - . " ¦ . ' - .. v , ' BARACLOU « H t ) . TAnKIN AND AXpTHER . _ Mr . Cresswell and Mr . Wightman appeared for the plaintiff , a blacksmith at Hightpwn , between Leeds and Huddersfield ; and Mr . ALExJiXDftK and Mr . Cowling for the defendant , card maker and mill-owner at the same place * and his servants . lh ^ action was to recoveiv damages for a trespass , in _ having forcibly expelled thei plaintiff from ; a room with steam power , which * he i occupied in the defendant ' s mill . The defendant pleaded thegeseral

      issue ; ttie leave and license of the plaintiff ; and that the property belonged to the defendant , Mr . Wilham Parkin , From the , evidence adduced * it appeared that in March . 1837 , an agreement was made by which the principal defendant , Mr . Parkin agreed to let the plaintiff the smith ' s shop andcot- ' tage , together with 10 s . 8 d . per week , oh condition that he shoula supenhterid the proper aud steady use of the steam-power , being allowed at the same time to follow his business . A clause was also inserted stipulating that Baraclough should have the iron and tools , valued at £ 30 , which he Waa ^ to pay for at the rate of 4 s . per week but of his vca ***

      But m September Mr . Parkin found that the plaintiff gros - slv neglected his duty , and injured his interests , having some times left the care of an engineto a boy , who had to be sought in the field at his play . They therefore discharged him , removed tne . iron to an adjoining house , and retained the tools , and put another man in the shop . As Mr Baraclough would ; not give up the key , they were obliged to break open the door . Several witnesses were called on both sides . The facts were not disputed , except as toBaraclougu ' salleged negligence , the main quesiipn being whether Mr , Farkm could legally ejectthe plaintiff under the agreement in tliis summary manner . Verdict for the plaintiffdamages £ 20 . r r ¦ -

      8 WADDELL W .. H 0 BS 0 N , , Mr . Alexander ^^ and Mr .- ^ VitiHTai iw were for the plaintitt ; Mr . Chesswell . ar id '* Mr ; Houglxs for the « f ^ ant . Mr . Swaddell is a builder residing at Sheffield , and Jpri . H pbson , Esq . is a gentleman at that place s and the action was brought to recover £ 20 . 17 s . for work and Jlabour done as abuilder in the autumn of last year . The defence was that bu the 15 th of August , 1 S 37 , the defendant had signed aii agreement to compete certain alterations in . a house in Blossbmrrow , according to plans and specitications of Mr . Hpckton , an architect , for the stun of * 15 o , with power to Mr . Hocktonto ' .. Rbt ;; c « AAa *^

      agreement , if he should think proper , and'take the measure and value system . The alterations were to be completed on the 25 th Octbher last . Before they were done , the p laiutiff sent in a bill , which JWr . HocktoH declined paying j he then desired him to giye up ihe agreement , which he consented to do , provided his bill were-paid . : Mrv Hookton replied that this was not likely , as he had got the value of his work already in old materials . Mr . Swaddell thpn refused to go on with the contract , and arrested the defendant for the debt . His Lordship directed a verdict to be given for the plaintiff . r

      MAW AMD ANOTHER y . SlJTtpN AND ANOTHER . ¦ . Mr . Starkie and the Hbri , J . S-Wortley were tor the plaintiffa ; Mr . Cresswell and Mr , Tomlinson for thij defendants .: The plaintirls were executors to the late Mr . Richard Maw , of Doncaster , and were required by the testator tb carry on his business of linen draper and . spirit merchant ; the defendants took the business at a valuation , and gave a bond tp the executprsin a large penal sum Has Lordship suggested a reference , which was not agreed to , and . hetherefore postponed it to the last on the Cause List . ^

      . BROOK AND OTHERS ^ M . EASTWOOD . . Mn Cresswell and Mr . TojtniNspN appeared for the plamtiffs ; Mr . Alexander arid Mr \ Dun-^ , f ° , , the defendant , Messrs . Bropk , Shaw , and "Nesheld , are executors of the : late * Mr ; Samuel Eastwood-a woblstapler , at-Miln ' s : Bridge , near Huddersfield ; . and the defendant Mr ? . Eastwood , is the . widow and executrix of the late Mr . James Eastwood . The action was brought tb recover £ 400 lor money lent , in 1833 , together , wifll interest and ? fL ^ uce e' fertile following circumstances , in 1832 Mr . Samuel Eastwood established his son J ames as : a cloth merchant iti the neighbourhood , and furnished him with a considerable aHjmfciJvnf

      WO 0 V . ? . . P 18 following year his son married the present . defendant ; and as he expressed a strone wish to become the proprietor of a will which wa ? offered for sale on . the 5 th of April , his father consented ^ o make him an advance of £ 400 , his other son to have the remaining interest in it . The mill was purchased for £ 800 ,: and MT . Samuel Eastwood requested his sphcitpr to retain the deeds until his spn James was able to repay the money . James died a few jrears afterwards Withbut paying the money : and it was also found that he oweda cousiderablesum . for wool . Several communications

      ^ were read to Mrs , Eastwood on the subject , and it was offered to abandon the claim for wool , provided she would give up her late husband ' s interest in the mill , or pay . the £ 400 . She had hitherto refused to do so , and the executors therefore , felt themselves bound , injustice to the estate , to ^ bring this actionV tor the . defence , it was set up that payment had been made by Mr . James Eastwood to h « father in the settlement of their wool accounts ; but while the delence was proceeding , a reference was suggested , as the best means of arriring at the justicl of the case , and after some consultation * was agreed to

      SATURDAY ; March 10 . CASE OF SEPUCTION . —WHITEtEY V . MILL . _^ he Hpnv J . S . Wprtley opened the ; pleaaings / The declarftbon charged the defendant With having debauched the plaintiff ' s daughter , by whichhe haf been ^ epnved ^ er services , and the comfort of hS society ; to which the defendant pleaded not Guilty ; Special damages were not laid . V- *' , ¥ - Baines stated the case to the Jury The P ^^ ffin , f action , Mr . Whiteleyi whow ^ scon hdenUal clerk w the large establishment of Marsden ^ £° 'i complained pf the iajtiry done to himself fnfjw s family by ^^ the ^ seductipn of his daughter ^ by H ir ^ ^ ' ^ & Mfll s abrewer and maltster at Haddersfield , The plaintiff had a family of nine S ^ fee ; of wW were : danghte 4 : From iO ?

      ^ iC T Jin ? aeien < iam was on terms ofintimacy with the eldest of these : and the acquaintance was ^ cognized as on © existing between parties iutendec to behereafter married ; That iiftnacy , ; however , termmatea with the birth of a child , in September ! low . i Shortty before her lying in v the defendant mftde a representation to IMiss Whiteley , requesting her to goto a differentparit of fte conntrV , tor tha purpo&e ; but the fact of theirmtimacy being known ?? r f faipily , « aid her ehaine already , apparent , she i&bsefratiier to ^ remain ^^ ief frwnd ^ thai toeo a ^ bh ^ itrS iagerB on sucti a tryinig occasion : The defendant then disowned her . For some time after , wnrda the plaintiff cherished the hope ( though he could not say it was warranted ) that the d * fendant naght at last dp hw duty to his daughter and uphold

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      W »^ wn ; homou | : aai er ^ t ^ The , plaiintiffi there oie ^ reframejl from [ ' 5 n ^ fcu 6 ng J ^^ i ^ eS * ao ? t wnfol in » m « f # ii m » tnirfAat-t&etm&rfa ! » £ te g » J * was ^ bjec ^ . the ; gaze - and remark ^ a ^ l peribirt w ^ toWsiHeja or ctiritfM ^ might induce and > fta ^ of ^ r fia % ^/ aMJtJ » 8 ; notiai all w ^^ "t * ?^ ¦ ¦ 8 ^'*^^^^ s ^^ g ed toaban don it , that this actaonwas commen ' cedv He YMi . Baines ) - wa » not one of ftose who Ihought thkt it was good teste man advooate , or , adyantageou 8 to his chent , to indulge m declamatibn'in stating sucha case as this , to high priilciple ^ f humane , and just m «* they . wpuld hear the . simple details of fac £ and hA trmiM Ipnva thnat * frt ^ t-a * a —« . t ^^_ . ¦• '

      seivWwhiC thejr ; would oVnibrt lloquehtlr and forcibly thafe the tongneof nit ?^^ » 4 vocate ; Hewbuld say a fewV » ords ' on the subject ol damages , and then procfeed ^^ Wwitnessea . This defendant had ample mean ? , and was fully able to pay any damages tfiev mighraward .. He would not claim them oh the ground of public morals { though he believed many salutary lessons were given by such actibns ) ; nOi would he setup the injury this yoaiig Woman had sustainedin , conieciuence of a breach of promise of marnsge , because they would be told that this could not be claimed under the present declaration ; but he askedfo ^ damagesnpbirfthe single ^ legi timate : ground of the mjuryy sustained by the head- '' pf this family . If there was a father in that box , who for 20 or 26 years had endeavoured to brinff trnW .:

      children with industry and . honesty , he would ; ask what damages he should think himself entitled to foT one child being entirely ruinetl by the artifice of a man like the defendant ? and instead of bein ? ah honour and comfort to her femil y ^ to be perhapy a burthen and reproach for the remainder of her life Besides , there were other ' daughters in this family * Thbv all knew , how the misfortune of one sister wptild be made a calamity to theothers 9 and those daughters who before might have the best prospects of an honourable marriage , might continue in his family , and the father thus sustain additional injury . ; He would establish the perfect respectability of this young woman , and the pretences iindter which the defendant gained a footing in the family , and then he would ask them what compensation ou"ht tobe given to the plaintiff . More than just damages he would not ask , and these he was sure they wo ^ sia award . ' ••¦ : ¦;• ¦ ¦"'¦ , - - - -.- ^ u--: " ¦ , * ¦ : " ¦ - ¦¦ ¦ : ' . ¦¦ : ¦¦ - ¦ ¦ ' - -:

      Bloabeth Whifeley sitafed that her father was clerk to Mepsre . Marsden and Go . i . I anv 25 year « of a ? e Inved with ^ my father , assisting in the house . I have eight other brothers and sisters . The defendant resides in the same street , and is a brewer He used to come to my father ' s house , and his visits were knpwn ^ to the family ., He came abput once a-weak until the period of my continemeht—Dut not quite so often towards the latter end of the time . He often promised to marry ine ; and . w ^ received at the honse as a gentieman paving his addresses to me . He used to walk out with me , with the know , ledge pf my father . I was confined on the 23 rd of September , 1836 . Previous to this , the defendant promised to see me , and proposed that 1 Bhould p

      rom home , to which I did not nsisenti But remained at home . Cross-examined . —The defendant is two or three years older than me ; he has six brothers and sisters , and his father left his property amongst them . The defendant became acquainted With rne in 1832 ; he came to our house ; I did not go to his counting-house . About Christmas in 1835 , we first became cnminally connected . I do not remember meeting the defendant on a Saturday eveninff , ih August , . 1833 ^ , near HuddersfieldChorchl I wenttb Vakefield . with him in 1834 , to . visita friend of mine ir ? ?^ i ? the Union Inn , on the road from Wakefield to Doncaster ; I did not sleep there with the defendant m October , 1834 ; I never was there went to Halifax with him in 1835 ; we were at the 3 oar Inn together during thefair . After Chrisahas 1 did , not meet the defendant often . I Went but with him less frequently than before , he never came

      after the family went to bed . There was hot an agreement that we should chalk on the window the hour-at which it would be . convenient ¦ . to meet—nine or eleven at night ; \ 1 ; know Bradley mills ; ¦ we often walked there in the evening ,: to Dalton gardens , durmg two or three evenings . There is a walk down to the side of the river . I will swear the only three occas ions of a criminal connexion were at Lockwpod , at Hahfax , and in June or July , at iuddersfield . He-examined—The defeiid ' aWs father ; left him a share in the brewery . The remainder of the re-examination was to show the respectabihty of the parties , and that the defendant h ad always been treated and conducted himself as a person paying his addresses to a young lady ; f The witness ,, who is a beautiful and interesting girl , wept frequently , dunng . her ^^ lengthened examination , which rendered it difficult to catch the evidence distinctly . ] ;

      * ,.- T ^ e material part of her evidence was corrpbbrated b y the hrbther and sister of the unfortunate young woman , a Miss Lydia Lawton , and a Mis « Amelia Lrowther . The surgeon who attended her in her confinement ^ was also called . ' After an address from Mr . Cresswell for the defendant ^ -Mr . Justice Pat-T EsP- ^ 8 u : mnied up , and the Jury found for the plain . tinV-Damage&i 300 guineas . ¦

      MONDAY , March , 12 . Nisi Prius Business at Yorkshire Assizes . — At the sitting of the Court on Monday , Mr ; Justice Patteson stated , that as it would be utterly impossible for hnn to get through the business by Saturday nighty he should make all the Special J ury casfts ^ rem anets that he could not get throngh , and after Tuesday proceed with the cases as they stand in the list , : - ¦ - At nine o ' clock this morning , the learned Judge proceeded with the undefendeil causes in the list for the North and East Ridings , nbne Of which , however , possessed the least public intesest . ,

      WILSON p . RIVER DON COMPANY . V ( Special Jury Case . ) Mr . Watson opened the pleadings . The declara * tion ^ stated that the plantiff was possessed of certain works , and a streamof water , and that the defendants wrongfuUymad e and deepened certain parts , thereby diverting the water , and ^ keeping it diverted , by whiclrthe plantiff s trade Was much injured . The second count stated that it was done without giving satisfaction . The third count alleged that the defendants were possessed of certain flood gates wMcli ttiey were bound to repair ^ and which they had not ? ox f :. ¦' . *??• fourth and fifth counts were for iiytiry sustained by ithe diversion of the water . The defen « dantapleadectfirst that they were not guiltv ; nex * atfsirea ¦

      mev u » rigM ot ? the blantiffto the water , a S 7 so *« rliability to repair the flood gates-upon all of which pleas issue was joined . ¦ - .. Mr , Alexander remarked : that this case involved the question whether ; the . buaness now held by Mr . misoni which had been carried on for 100 years , and lrom which he denved his livelihood , must necessanly come to and end . Mr , Wilson since 1830 had been ^ m possession ^ of the mill situate at Knnhnret , on the banks of the river Don , which run * from Aldwark to Doncaster . In the earnest times there were on the river three mills—a corn mtfl at Aldwark , situate on the south side i _ there were iron works , 8 corn ^ miU , and forge at Thribergh ; and about haM S . T 1 ? v $ ? ^^ «* oinmg , and sUtfing mill at Kilnhurst ^ all these mills were entitled to sncS

      use as they required of the river Don . In the early part of last century , the defendants procured four acts of Parliament authorizing them to make the river navi gable ; the first of these was bbtaihed in 1725 , and the . last m 1739 . From that period down to 1 S 21 nothing more was . heardof the River Doff Crompabj in ParliaBjent ; . and theownjera of the milbi carried em ' . ^ er ^^ rjaeir p # rsPnalauperintehdenc 6 or . bythenr fenaht <»; T ^ fec bm mill at Aldwark was A ^ f do n iu im i ^ * be ' iron-works removed by Messrs . Walker ; still the Thribergh ; mill was left , and the works at Kilnhunst were left standing a « it doe ^ now .. Jn . 1819 ,, thft Company entered into a treaty with Col Fullord for fte purchase of Thribergh milVfor the piUT > bse of jbbtainmg the water , andin the

      following year ^ thfe Company polled them down . When first &e ; Act of Pa ! rliament-wa » procured , tfe S ^ - ^ onlyMtended to he navigated by vessels of 25 or 30 tons burthen ; as commerceincreased , tl » Lompany found it necessary to depen the water there being previously a shoal at Aldwark cranche , ind now vessels of ZQ ^ pr 80 tons ; navigated the river . The Plaintiff complained :, that by keeping down the shuttles of Aldwark ¦ ' imH , removing a sill across the wei ^ dam . and leaving the flood gates unrepaired ^ tne deteudants had so diyerted the stream of water as to cause him serious injury in his business , by the working pf his mill bei ife stopped . His Lordship felt it his duty to recommend the parties to appoint an arbitrator ,: The Court wpuldBrbhably be occu * piedtwo days , other suitors would be delayed ; and yet it really was a question-affectirnr merelv the

      regrilafaon ; of the water , rad not any defimte rights of the parties , so that after " -aft the decision could notb > satisfactory . Mr ; CaiiswEit > contended that the plantiff had no njht of action , and * therefore would admit the facts tor the purpose of raising a point of law , This being found ihephvenient , Mr . AiS& ' ander called the witneas ; Vwio « e evidence was of greatlengthandexceedinj ^ yiutricatemdetail . At tha close of the plaintiff ' s case , after cituyj from ^ e ^ eral ^ teof p ^ fUameirti Mr ; eBESWEit argued that the plantiff liad iipt ^ ^ er tabKihed the feet that the defendant * 'had eiceeded * he ppwew given ^ them by these acts , and that no damage had been done m rourmonths pf the action bemg brought , which J * tiiSff ^ Mf ^^ tvof mse « ctj , tte 7 th GeO-. * . »> . ' 4 ne learned Judge" thought the « ase sufficieo * tog 6 to'the ' Jurrbtit suweistedaTeferehce : and after

      airecangra xerixd vaim tint , iecohd i ttird , afl * tilth . counts , to be i ^ yett . to the defesdahts on th » pleadings , the subject matter in dkptite was referred to an tomtnttbfya , tCTdfct Mr iff ' gtven forthe p laintiff -damage * as Im 4 ? ufctlw deelwrtipn . ' *

      * . ^ . \ . ¦ , " : "¦ ;*/ :, :: .. ' : ^ O «^ J ^ j WMKBi . , r :-,: ^\/ : : * . ^ i ^ Vfi . Bint iajtokifet . pszn&nm tdSt ; anaMr ; l ) DWD 4 i ahd tKe Hbn : j . S . Wortley were roir the defendant , The action was to recover damagea for assault and false imprisonment .

      Untitled Article

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  • Citation
    • Northern Star (1837-1852), March 17, 1838, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct997/page/6/