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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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"STORKSHIEE SUSISLER ASSIZES . ( Continued from our last . ) CROWN COrRT , Fbidat , Juit 23 . The Learned Judge Willulsss took his seat abont tile tisnal time , Isaac Foster , 23 , Charles Cairtfiery , 20 , and John Wade , 22 , were chargedwi : h having , on the 9 th of September last , at Hors-orth , stolen from the person of William John Jack , of Leeds , land-surveyor , twenty-five sovereigns , eighteen shilling * , a pocketknife , a hat , and a lantern , the property of Joseph Colohoun . Mr . Cottisgham and Mr . Wasxey were for the prosecution ; Sir Gkegory Lewis defend ed the pi isoners . TOSSSBTfi ^ STTaiHLEB . ASSIZES .
The prosecutor is a land-surveyor atvLeeds , and the three prisoners are labourers : Foster and Wade living at Pudsey , in the neighbourhood of Leeds , and the prisoner Cawthery at Tone , an adjoining township . ^ On the day before the robbt rv , ihepmsecutor and his assistant had to go from Leeds on business , to Yeadon , near Esholt Hall , which latter place they also visited . Owing to the absence of a witness at the last asszes . the trial , npon the application ot Mr . CoTTiseHJiiij wa $ postponed till the present time , and they had been out on bail . -The prosecutor having transacted hi" business ai Esholt Hall , they left that place to return to Leeds , about « leven o ' clock in the evening . Being a dark night , the assistant carried a lantern . They had got abont . a
mile on The road to " Leeds , when they overtook four men , awl they all joined company . The parry ¦ walked about amile farther on , when onp of the men seized the prosecutor by the arm , another put his hand OTer his mouth , and another seized him by the throat . The prosecutor , after considerable exertion , and after having been thrown on the ground , managed to keep the third man at bay , bnt on the fourth nlau coming up , he wairobbed of the articles mentioned . They then threw him on the ground and mode their escape . At the time pro > ecutor was seized , one of the lour mm knocked the assistant , Colohotiu , dnwn , and another man got upon him . A rabbit or hare skin , was then put over his mouth , but he to <> k out Hi knife and cur the man who pnt ih - skin npon his
moath over the left baud , when they left liim . Oa the prosecutor recovering himself , having lost iiishnr , he went to the first hou ^ e he cam e to . and told t ; ie inmates what had happt-ned . The way in which the prisoners were identified with this ' rrunsactioii "was as follows;—Cawthery had a pipe with him ano he asked Colohouu to let him ha ? e a Lgiit . He accoruingly granted penni-sion , and it wa ^ rheu discoverer that ihe prisoner had lost a tooth from Uie front of his mouth . Wh ^ n Foster was apureheiJiJe ^ it w . is noticed that he had a cut acros > his left iiaWi whicli appeared to have bt * en recently isiveu . The evidence against Wade was that the prosecutor ha .-i an opportunity of seeing him andknnwmghim . The three prisoners were seen together the same
ait-r-noon in Otlev , about three or lour miles from rb ~ pLiCc where the robbery was commineu . Faster was oiserved pntring a iiare or rab-i : ^ t in into hi--pocket * Ijj a witne . -s named Wiliinin _ Ciark > on , - .. vhu asfcea iilui if lie had been buying rabljts ; he said , ** no lad . its too soon yet , " Tne voluntary examination of Foster was put in a-ud re ; id by the Clerk of the Court . Jt statei ; hat betw . ' r-n -eight and ni . je o ' clock on tlie night of the robbery , lie was at ^ ir . F&rrar ' s public-hocse drinking gin . " and that he whs Hot out of his mother ' s house any longer tuau this that night . He said that he had got me cut on ti . e Wednesiay in chopping woo ;; Mr . Farrar wa > cal-ed , who stated in it the prisoner iia-1 not been in hish . iuse for a f <_ rtnicht previous to tLe r . 'b . ' . eir .
Sir Gregory Letvix addressed the Jury for the defence . He contended that the identity ' w ; us one of ^ extreme doubt and difncoliy . and he ' left it with them to give tae case a niA , lair , an- ! ca ; : ui-J consideration , and say whether or not the prisoners were guilty of tuis orfrnce . The Jud&e summed up . when the Jury foand the prisoners Guilty . Sentence deferred . Ji'tiliuiJi JJ ' aJes . 35 , vras charged -critlj having , on the 2 i ) ch of Jnne last , at Osgouby . in tue East Riiin ? , embezzled " £ ' 11 . with an intent to defraud Mr . " Henry Charles Kilby , of York . Mr . Bliss was for the prosecution , and Mr . Tins das for the prisoner . . . -
Tue prosecutor , Hr . Henry Charles K- * lb y , is a dealer in manure residing in Hope- > rreeJ . in this city , and he rents a yard " of Mr . Pickt-rsaiiL near CasJe Mill * Bridge , in which he keeps the manure , and he rravels about for custom . The prisoner was originally a flax-dresser , in Skeldergaie , and about twelve or thirteen mouths ato . went through the Insolvent Debtors ' Court . About jeven or eight weeks ago . the p risoner was taken into prosecutor ' s service , and whil- in that capacity , he embezzled the money in qnestion . Guilty : —Six months hard labour in the House of Correction .
Henry Hood and John JT ' aldron . who had been out on bail , were charged with perjury , but no evidence being offered against them , they were discharged . Joseph Jeffries , Daniel Maurice JTells , and John Herri / , all young men , were charged with stealing twn VlOT * f ? := - ~
Mr . Baixes and Mr . Walker were for the prosecution . The prisoners were nnde . eitded . The two former prisoners were charged with stealing the horses , the latter with receiving them well knowing them to be stolen . The horses * were taken from Stamford , in Northamptonshire . Guilty : — The two former ty be transported 15 years , : oii the latter 14 years . Hark Rayner iras charged with the Manslaughter of Thomas Hudson , at Waktsiidd , on Monday evening last __ The case had not proceeded far , wlen Tinder the direction of his Lordship , the prisoner was Acquitted . The Court then rose . SATURDAY Jtjxy , 14 th . Tha court , thT ^ morning , was- crowded in everv oart .
CHTLD ^ irK DER AT I / EEDS . Margaret Maynes . -23 . -xr s indicted on the coroner ' s mqnest , for the wilful inuroer of William Barke , her illegiirnate child , at the township ol Lee <> s , on the 12 ta of April , by poisoning iu Mr . Dcsdas , with whom " was Mr . " Overexd , briefly stated the case to the Jnry , and then called the t . JiLjwins witnesses , by whoin the ease was sduportei . Margaret Mayrses deposed , that she was rise mother of the prisoner , who lived vritb . her at the time of the dr-ath of h- / r child , geitinff her living by workin | : inaflax-milL She knew the child , who vras a . bastard y lu mouths old . On the ffth of April , she seut for tlie pnson-r about 10 o ' clock in the morning ; ; . ndshe s :: m ? d xill ni ght , because witness and her own ccild was poorly . " On the night previons it was nnwelL , an J > he sare it some nitre . On
tne 10 th . of April , the child was better , and he -wa > pven to 3 woman named Gorman , in Harper-yard . -ahout noon , with whom it remained until six " that nl?— The next day she took it to the prisoner , at Mrs . g ildings , Crispiu-street . Bank ; prisoner was m ; witness asked her for an apron , and as > he did not give- her one , she . put down the child , saying . " Here ' s your child—he is poorly—y .. u may nund u yourrcll . ¦ ' The chid was poorlv in its feeih . and r if . pnscner held \ i > e child on her knee , rrvins all thenme . Between 10 and 11 o ' clock of Wednesuay . she saw prisoner in lvirkgate , but they did nol speak : n ? xt day she came ta witness ' s house , with the child ; it looked very poorly ; ? he asked what wa- the matter with tbe child , and prisoner replied . that it had taken a fit that morning . Sh » e had been at Dr . Wrrd ' s wi-h it , and he had lanced , its gums as he said its illness was caused bv its teeth j aiid he had riven her a bottle of medicine , bnt William h-iH
not Taen taken it . » ltness said that the child looked Tery much stnpified , and asked the prisoner if she given it any thing ; she answered that she Lad aot . Two or three hours afterwards , . < he saw the prisoner , and at witness ' s request , they went log ^ thtsr to Dr . Ward's . Witness asked the doctor to - give , the child an emetic ; he said he was goiDsr , and immediately prepared one . He sail it had not some laudanum , - which prisoner denie > . About five o ' clock , the erne ; ic was administered , and the prisoner and child sent into the kitchen . •» itnc-ss went away for a few minutes ; and on her ret
urn she found the prisoner cryin ?« with tbe child on her kuee . It was then very ill , and witness staid nntil about twelve o ' clock , when it expired . Just before cum ,-jritnes * a * ked the prisoner if she had gwea her child auydnng ; as , if so , she had better teiL bhe said , ^ must she , " and on being begged , m the name of God . to do * n , she said to Mrs . Ward . -I il lell you the truth , 1 bought a pennyworth of lau . aanum at Mrs . ILustrick ' * , and I gave VViUiam a part of it in warm tea ; bnt I do not mind what they do , because I Dever intended to hurt the child . " The Hndanum I got from Mrs . Gorman 1 gave to X ) r . Ward the next evemns .
Cross-examined . —^ The deceased -was prisoner ' s first aud only child , and she was always very fond of it . She behaved very kindly to it , and was proud of it . Teething is a baa time for children—^ they are restless and troublesome , and people give them medicine to quiet them . Prisoner was drunk when I did not speak to her on Wednesday . - She had been so sometimes dnring the last few months . Sarah Wilding , stated that she lived in Crispinlane , and at the time in question had the prisoner lodging with her . The child was with hermother .
The prisoner brought her child one Tuesday , when wito-ss told her , she could not do with ifir , if she brought a c aid . She observed that she ^ woold go Away on Friday , and p led ge tne cap the Child then had on its head to buy her breakfast . Witness begg-rd . she wonll not do that , to which the prisoner Tepued , " Oa he'll neter need it . " She went and pawned the cap . Next morning she went ont to bny some things , aad came back having had some liquor , bnt she was notw drunk as not to know what she did . A woman named Bridget Gorman was with her ; pri-
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soner threatened she would kill the hd , and allot its breed . The child was tbeu on the floor ; it slept with witness that night , and nothing ailed it . It got some breakfast next morning ; she went ont after breakfaxt , and left the prisoner and deceased in the house . She scon after returned , and then went ont again ; in the afternoon she saw prisoner walking across the street , without the chiiu . She came up to her , and said Bridget had come , because she had ha > l a dream that William was killed , by her having given it something . Witness asked , if it was true then , and she said it was not . Thry then went to the house , and Mrs . Gonnau asked prisoner to fake her child to the dooter as it was i ; l . She said she had no money , t > n 'which the woman ozlered to pay ; soner threatened she would kill the ltd , and all ot
prisoner went and came back again without going to the doctor with the ch Id . Witness insisted on . er doing so , and went along with her , telling Mr . Ward to look after the child strictly , which he promised to do . In answer to him , she said she had not given the child laudanum or anything else . Cro . vs-examin ** d . —Witness never saw the prisoner behave baiily to the child , aud « hetold the Coroner that . She knew nobody in Leeds , and came from Manchester . She was not a fortuneteller she said , bnt it appeared she had a curious oval glass through whicu she persnaded foolish people to look , and she said " that it f > lks had a iniiul to give her anything , what w «* s that to anybody . " ( Laughter . ) The prisoner-promised her 2 s . 6 d . a
week for her lodgings , but she had not got a penny . Bridget Gorman , deposed that she lived in Harperyard witu the fir » t witness . On the W ednesday muruing mentioned , she saw p risoner stauding at the yard end , talking to her husband Gorman . She joined them , and at prisoner ' s request they went to a public-house , the sign of the Wellington , ana had two pennyworth of rum . When they went out , before they had proceeded far , the prisoner asked tuem U > stop , saying she was going almle way , but would be back iu a minute . She went on , and then in : o a shop in Kirkgate , near n tin-shop ; when she came up , sae a > ked tiiein to go iuto the Royal Oak , and tuey there had some ale . They left two men at ihepnblic-huuse , and went to prisoner ' s lodgings The child-was th > n in bt- d ; it awoke and cried , when prisoner saiu— " Grt out—1 neither like thee . nor
auy of thy breed . " Shu always talked in that sort of way to the child . It had been poorly some time Defore . Ou Thursday witness * & *¦ it l ying in bed —it was then very pale and blue about tfumuuth . Witness iuquired about it , and prisoner s iid he had been very p <> oriy during the night—be was tes i . ing . Next uay , about four o ' clock , she jijiaiu called , and uecea-ed was very ill ; prisont-r said she und t > een just giving it some meat . Witness wauied her to go to a doctor , which she ult .-uiateiy oiil to Dr . Ward . [ The remainder uf ¦ this - y itne&s ' s evidence was coiifirma&iry ol the conversiirioii sunken to by thehist . ] On bring , j teased about giving it s imething , this witne s depo .-ed that prisoner Mud— " 1 buugUt a pennywort . of laudanum , i-ut llu ^ tlb « t , ana bought . » i ) me u » r ; the cbil = bad been very poorly tuat nij : kt and uueasy , and 1 gave it hall of l ! in »> ine t ^ a . "
Ajrs . Surah Kumiss > aid she was wife of Mr . Furn . ss , a urutgu- ! , m Kirkg ue , and ou tLe forenoon ot tje Hui April , ? li ^ s .. ld a yetmy . vorth »> 5 lauiiauuui io a . woui : ui , who hauue ; a mus-iiing bottl . ' to pu : i : in . She said .-iie wanted it lur a woman who had b ^ en contiued . Witness- jisked if tl . e woman had been used to taking it , and she said • No—onl y when caitiueii . " She asked how muui s .. e > houii gi \ e it ; witness repl ed ten or twelve ur . > pi . A pennyworth contains lbOdrops . By the Judge—Uoulu not identify the prisoner as the \ voui ; i : i . Mr . Gorman , who was at the royal public-bouse r ouua a sm .-ihugboaL ? und ^ r the chair uu * -hichihe prisoner ua . i b ^ en 5-. luiii , which corre-pouded to thai coiitam . nu the laudanum .
Mrs . Kaistnek , wife of Mr . Raistrick , drusgist . Mar-h-laue , aave t ,. e prix . ner a pi-miyvortu . ol laudanum , ( three drachms . ) between elewn an , i twelve o ' clock oi ThursJay , the 1-ith ol April , whicn she put in a tea-cup . The prisoner s . id fur wauit'd it _ f ; ir nermniher , w ,. o na > afflicted with rh eumatism . Witness told ner tnat sixteen drops would be sufficient lor her . Mr . Ward , surgeon , stated that he remembered the prisoner coming to his shop with the child , on Thursday , Apni li . She stated the child had had a n ' t ; the gums were much swollen , and the fuc « flushed ; ne lanced tbe « uins , and the chili did not cry . About an hioir aiterwarcs , he saw the woiu ;; n
in the surgery , when the child was breathing short , < fec ., and he asked her what she had given it . P : is .. nersaidno ; hiiig , and po > ithelv deuied having given it laudanum . \ Viuie ? s having s . s ^ icions , iu ^ troduced the catheter into the stomach , and ejected wine and water , w hich was impregnated wub laudanum . Notwithstanding every attempt tu preserve life , the child died that night . He observed no laudanum on the coat of t ^ e stomach at the postlnortem examination ; but he had no doubt that ihe lauduiiuin adnmristtreu was the cause of death . In 111 * eVHuiug , pri > OUer ' s motb-r was there ; and , »»¦ sen pres > el about giving her poison , she said , ' What was . J to give him it lor ?"
By the Judge—Poor people often resort to landauum wi . en they are ill , though scientific men consider it dangerous . Teething causes s-veliiue and irritation of the gnms— for winch laudanum ^ pompeople say , is a specific . It was a fat and beaithvhke child . Mrs . W ard , wife of the above witness , corroborated the aumission made by the prisoner of her hayiu " given the child landanum . There were several wouie-u in the kitchen at the time , —it was about ten o ' clock . Cross-examined . —The prisoner appeared very kind and iWeiing toward s ber child ; sue seemed to b ? in much uistre .-s wheu it was HI . Charles Thompson , a police-officer , produced tbe smelling-bottle , in which a drain of laudanum remained .
J . Blackburn , Esq ., coroner , produied the examination , in which tbe prisoner ' s admission appeared . Mr . Baixls then addressed the jnrv on behalf of the prisoner . After impressin g on their minds the = *> leimi importance of the case they were investigating , and the Tiwful results that might follow , he appealed to the jury whether they could convict a girl , who h- ^ d aoministered laudanum to a child at the period of its . illn ^ .-s , who had evinced the interest and coiap : L « i , jii ii = r it * pain and wretchedness when it was found to be worse , and who made no secret ol what sbe had done—of the heinous crime oi murder . To iiud .-uch a verdict , they must be satisfied ti . ai sbe killed the child wilfully , u > Lberatei 3 \ and with
maiicions motives . Conid tnt-y find any proof of tuis in the testimony adduced ? There was not a titilrf ot " evidence to s > how that the prisoner bad be .-n actuated by any unworthy motives- ; but if she bad administered the laudanum care . lesj . l y . ner'igentlv , or unskilfully , then they would find a verdict of manslaughter . He submitted , however , that this was a m . sfortune ; : rising trom tbe benevolent intentions ol a mother , impressing it on their recollection that if they had any d ^ ubt in the case , that doubt ought to be given in favour of the prisoner . The Learned Judge Very carefully summed up the evidence , and the jury , after consulting together about a quarter of an hour , returned a verdict ol "Guiliy of Manslaughter . " The prisoner was ordered to stand down .
MAT 1 UCIPE AT MALTOX . JJlUiam Seller 47 , was indicted for the wilful murder of Francis Seller , on the 7 th June , at Old Malton . Messrs . Dvxdas and Buss were for the prosecution ; Mr . Temple for the prisoner . The lacts of the case were these : —On the day in question , the prisoner , who lived with his grandmother and aunt , at a place called Rainbow House , wanted a razor to shave hirasrlf . His grandmother refused to let him have one , thinking " be was not qualified to use it properly . The prisonerinsisted upon having it , and became very violent . His grandmother still resisted , knowing that he was out ol his mind ; bnt he got it and commenced shaviiie .
He then turned out his niece , who left h ;> r grandmother near him , struggling to obtain the razor ; w .-a ; n she returned , her grandmother was sitting in i chair , with her clothes burning . Prisoner was then strolling about the lanes , near the house . snyin " ue should be cursed and d ~ d for ever . Mr ° . Davy , a surgeon , was immediatel y sent for , who iound the unfortunate woman burnt about the head and upper part of the back , and severely bruised on the breast and left side . In a few hours she died from the treatment she had received . When the surgeon was there , he was roaring out lustily , Lord hel p -me , " and seemed greatly distressed . Until within a few weeks of this time , " the prisoner had shown the greatest affection and attention to his grandmother .
Air . Davy gave it as his decided opinion that the pr isoner was insane . The Learned Judge then stopped the case , observing to the jnry that there could be no doubt the man was at that time a maniac , and not responsible lor bis actions . The J ury accordingly returned a verdict of " Not Guilty , " on the ground of his insanity , and the prisoner will be confined for life . He wept bitterly dnring the time he was at the bar . MONDAY , July 16 . HORSE STEALING AT PUnSET .
JohnBriggs , 20 , ont on bail , was charged with naving , on the 6 th November , stolen a bay mare , the property of Mr . George Hainswortb , of ' Pudsey . Mr . Dun das and Sir G . Lewis were for the prosecution ; Mr . Cottrjgham and Mr . Baines defended the prisoner . The prosecutor , who waa formerly a clotnier , l 3 nowdead ; and on the day in" question , he sent one of his sons to Adwalton fair , with a mare to sell . While he was at the fair , the prisoner and another came np , and asked him to show the mare , and what was t&e lowest price . Benjandn eaia she was cheap at £ 14 ; hanngseen the mare trot , the prisoner said a poor man in the neighbourhood had lost his ncrse , and they had received a . £ 11 for him
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would he take that He declined , and prisoner then asked if he thought / of swapping : the mau re-? lied if he swapped at all , it would be for money , le then asked to be allowed to trot the mare , which he did through the fa r , leaving a pony which belonged to him . He did not return ; . a constable was then sen t in search of him . He was found at a pnblic-house , kept by a mau named Ward , with the other man , both of whom had taken off their smock frocks ; and they then alleged that it was a swap at the request of Hainsworth . He escaped tarough the wall of the stable while in custody would he take that He decliuedi and prisoner
there , and was not seen again until April , wh ^ n be surrendered himself , and was admitted to bail . Several witnesses , Messrs . Lockwood , J . Fox , J . NewhiU , G . Ren ton , C . Ward , Jonas Whittaker , and Henry Wright were called to prove that the prisoner aud HeuiswortU were busy trying one another ' s * saddles and attempting to ' swap , and that prosecutor's mother charged him with it—also that the prisoner had always borne an excellent character . The Jury retired , and after a short time , returned a verdict of " Acquittal . "
FORGERY AT HULL . Bii ' jijamin Burretl , ( out on bail , ) was indicted for haying , on the Jtii J ul y , forged a- promissory note , and-uttered the same , with iuieut to deceive and defraud Mr . Francis Stamp , of Hull . Mr . Baine 8 and wr . Mautin tor the prosecution ; Mr . Dundas and the Hou . Mn Wortley defended the p risoner . Alter a short investigation , which presented nothing of interest , the Jury returned a verdictof "Not Guilty . " The Court then roVe at seven o ' clock .
TUESDAY . —July 17 . This morning , the Court was fuller than usual , in consequence ot an expectation that the prosecution instituted by Mr . Amiitage , a VvYst-Kidingmagistrate , against Mr . Starkey , a siir « eon of Wakefieid , for having horsewhipped him in the public streets oi Huuderstield , would be proceeded with . It was delayed until his Lordsiiip passed , sentence on the following prisouerf : —
CHILD JIURDER AT LEEDS . Margaret Mai / ucs was placed at the bar , The J ' U'ige . addressed her in a very patb"tic address . H ^ s-iid that although iuuicted for murder , the Jury bad fouuu her guilty oi manslaughter . He had no iloubi me verdict bad been lounded on a merciful consideration of ncr case , and be was not in the least di-satisfied witu the verdict . The Jury had also recommended her to mercy , aud he was always anxious most carelully and scrupulously to attend to
such a recommendation , but a . tter a re-perusal of his uotes , and deep consideration , be found the case sostrong against the prisoner , thai be could not consistent witu bus oivn most responsible duty , do otherwise tiiau pass the finunce he was about to do . It was always to him a ' most unwelcome duty ,, and particularly so when he had to neglect a J ury ' s recouunendaunn , but her crime was so great ib ' at he could not allow it to pass hy without severe punishment . The sentence ol the C ^ mrt , thvreiore , was , ihivt she bv transporter beyond the seas lor life .
FOKGEKY "NEAR YOilK . * John Heed was sentenced to be transported for filteeij years . Tbe learned Judge said that Baron Al . rrson ( who tried his case , ) ban directed ban to-say taat .-ume doubt existed as to whether . the instrument « hich be forced—a . uotv as surety ' to " the Hiiiii Sheriff—came " within tbe terms of the-statute . 1 hat objection would hereafter be discu > si'd before Lht- Jiuiges , but there could l > u no doubt this v \ as a lor ^ eiy , und thai he ' w ^ s guil ty of a inisJeameauor at rommon law . But he had been cm-cied to s nlenci- iiiin for the felony ,-subject to consideration ol his case aiterwards .
FOROEKY AT L 1 XDS . Br&adhciit Mason , wl » o pleaded Guilty of having mti-red a pronnssory note , the signaiure to wiiicb . vji > forced , at Lei'ds , on . luni- lu . was then placed a-t ihe . bar . His Loru > iii |> . < aid thai he bud been recum * iiH-ude-it t'j mercy by the counsel for thu- prosecution , > uid on account on his previous good ciiaracter-lor huiiesiv . he should Sentence liim to be imprisoned and ke ^ t tu bard labour in the Hou .-e of Currectiou lor two years .
E 3 inE 7 . ZLEME . \ T BY A BANKKl . 'l'T . Joseph -JiutlcUJfe , was then called . He had been fouiiu guilty ol hu \ ing vhen' examined before the Commissioners of bankruptcy , wilfully concealed some partot bis personal estate , consisting ol money and wntings , with intent to de-fraud his crcuiior > . Tiiis was an otlbuce which required a severe punitibT ineiit . in order to ueter otuera ironi following such a bati exauipW- ; and he therefore sentenced bun to be trail ? poricu for seven years . SHEEP STEALING . JoJi / i Slater , found Guilty of < lva . ling inoor t-heep at He-imsiey , was sentcuceii io two yeuis hard labour m the riuustrol Correction .
REiilNA V . ST-ARKEY . ' Mr . Dlndas and the Hun . Mr . Wofitlcv were counsel lor the prosecutor ; Mr . Alexander and Mr . CoTiisuHAMlor ' tkeuislttiiduut ; the former ' with a fee ol 32 guinea ? . Mr . Dundas said he had a painful duty to discharge in presenting to them tin- facts of this uuforluu . ite truiisacaou . He appeared ou the part of Mr . Anmt ^ ge to support un indieluu iK preferred agiinift a gentleman named Starkey ; and be tose witu uiifeignei ; regret , in whichhu > va " s sure the Jury would participate , when he informed them that the parties were connected by marriage , moved in the saline rank ol society , aud that lie should be compelled to introduce topics most painful to several individuals from their age , sex , and rank of Hietopics which were calculated to wound tbe feelings of the parties .
Mr . Alexander interrupted the learned counsel by ob .-erviug , th . at .-h : * entirely reciprocated with the seniineiits expressed by his " friend , and should be nn » t happy , it auy means could be adopted , to prevent the ca ^ e Iroiu beiu ^ laid before the Court . Alter > omt * coiner . satiou with those sluing near him , Mr . A . Temurked , that he was happy to see bis ciients accede to his suggestion . The maictment charged Mr . Starkey with having assau . ted Mr . Armitage , b y striking him with a horse- * hip , in the streets oi IJudderisticla . For that conduct , he was willing to ' -ollu ' r the lullest and most unreserved apology .
Uu the other hand it was known , that , Mr .. Starkey having received a letter containing oiiciisive expressions , wrote lor jui explanation ; iiisteuU . oi wluci ) , the letter was returned . This hud lend to tha os-. * ault ; and be trusled , that , unuer these circuuisiauLvs , bis friend would not refuse to give as satisfactory an apology as be was authorized to give in the other case ; so that the honour of both gentlemen might remain inviolate . Tne k-tter respecting Mrs . Annituge was no doubt , calculated to give pain , however right the motives might bu which dictated it , and therefore he bfggucl to retract i . t .
Mr . Uundas had full autnonty to accept th . o apology offered by his learned friend . He \ va > glad to know that his client was , in every sense , a gentleman and a man of honour ; and lor whatever pain tne letter be > ent might cause , ari .-ing from the irritation of th »* moment , lie begged to express his sincere n-gret ; and apologised for having returned the k-tter iu such an offensive manner . Buth parties then expres > ed themselves satisfied at this amicable arrangement , and the iudictmeut was withdrawn .
GAMBLE V . DANKARD . Mr . Baines was for the pUiiiitiff ; Mr . Stamuk for the defendant . Tbe former was a worsted manulacturer at Bradford , ana the latter at Bow ley . The action was to recover £ 25 . U ^ . the balance ol an account . for goods sold aud delivered . Thu pleus were first , the general issue , ana next the statute of limitation . A promi s e to pay was made in ( Jctobcr , li& 0 , to the brother of the plaintiif ; repeated promises were afterwards given , until kvia , when the plaintiff was compelled to bring this action to obtain his money . At the beginning of . his year . Tankard offered five shillings in the pound , which was refu .-ed ; aud a Mr . Liudle was then employed to settle the account , which , 'however , was not done , owing to some di .-pntes between the parties . The Jury returned a verdict for the plaintiif . Damages as stated in the declaration .
MISDEMEANOR . Robert Neiclon , John Stoba-l , and Hmry Marlcy ; were charged with having , on the 8 th December , riotously and-tnmultuously broken and entered two closes , belonging to Mrs . Sarah Arrow . > niitb , a ; id also assaulted : her . Air . Buss was for tbe prosecution ; Mr . Tempeefor the defendants . Ihe p . otecutrix occupied a farm called Low Moor , at Lealholm Bridge , near Whitby ; in 1825 , this firm , together with some small -adjoining cottages , weije bequeathed to her son , by Mr . Thomas Stobert , a brother of one of the defendants , subject to a mortgage of £ / 00 , the lifc ^ iterest being iu he . roelf . Stobert and his brother bju ^ quarrelled , and although Mrs . Arrowsmith endeavoured to effect a reconciliation between them , it was Of uo avail ; and he onlt left him £ 10 . The defendant was , howevertakeii
, into the house of Mrs . Arrowsmith , and provided with the necessaries and comforts of life ; in March , 1 S 30 , her son di « d , and he being an illegitimute child , the reversion sf the property fent td the national fund . About a year ago , how « ver , th « defendant , who had all along been somfoftabl y lodged with the plaintiff , fancying ha had a right to the farm , laid a plet for ' ejecting his benefactor ; and oil the 8 th of November be brought a large number ol pereom « , from 60 to 100 , who had banners with them , and , amidst the firing of guns , threw the furniture out of the house , destroyed the hay-stacks , injured some of the out-buildings , and went so far as to carry off the p : gs . Arrowsmith resisted thein , and a senoa ' s riot was the result , which continued eight or ten hours . Soon afterwards , the parties were apprehended , a true bill found at York Assizes
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and they were held . to baiL ; After the trial , had proceeded a little way , ; . hjfc * Lordship intimated , that as this was a dispute as to . 'the ^ own ership of property , and there were two : actions depending on it , it perhaps would be . advisable to proceed with them , as all he could do was to bind the defendants over to keep the peace . An action of trover was then tried , arising out o the same transaction ^ brought by Mrs . Arrowsmith against John Stobert , and a verdict given for the plaintifF—damages £ 15 . The Court then rose . arid they were held to ; bail . ;; After tha trial , had
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NISI PRIUS COURT .-Friday , July 13 . ( Special Jury . ) CHOLMLEY V . fARSYDB . Mr . Cresswell , Mr . ADDisON , and Mr . Hoggins , WosMed tortte ^ lapitiff- ^ MrvALESAitfpKii ' aiidMr Watson for the defendant . The action was one ot trespass , to try the right of taking the rock stone and sea-weed fomid . on the sea-shore at Robin Hood ' s hay , near VV hubv . The pleadings were very voluminous , and involved the question of the niaintiff's of
\ Vbi ' tb ° Pf ^ Manior Fyhngdales , ' ^ and ' ^ CWta ^^ - ^ B >^ 4 ff 1 -i ^ M . at ; How 8 iiaiii , near V ork ; Mr . Farsyde , a barrister , is the owner oi an estate ar Robin Hood ' s Bay . About sixty witnesses were brought on beth sides ; but when Mr . Cress well bad opened the case it went off , Lolonel tholinley promising to grant Mr . Farsyde the stone for the fences of his farms , aud the * 4 uweed for manure , the * defendant stating that hedid notdisputetherighte of Col . Chohnley as Lord oi the Manor .
COPELAND V . HQRSFIELD . Counsel for the plaintiff-Messrs . Baines and Over-end ;¦ for the defendant— Messrs . Alexander and Wortley . The action was on two promissory notes , dated Sept , 1835 , and February , 1836 , for the payment ot £ 2103 and £ 2000 with -interests . There * was no substantial defence . Verdict for the Plaintiff , Damages , £ 4745 . WALKER V , MICKLETHWAITE . Messrs . Alexander and Baines were for the plaintill ; Messrs . Ckesswell and Knowles for the
defendant . The amiim who hrn « . ri > r i-... n i . defendant . The action was brought by the plaiu-V ! ' ^ . st ° , ne-TUai : at Barnsley , to recover from Mr . Micklethwaite £ 140 or £ 150 tor repairs done to a null in 1832 . The defence raised was , that the defendant entered into contract with the plaintifl toV certain work at the price of £ 40 which wiis paid , und that the remainder was on the credit of the occupier of the mill , who afterwards became insolvent . No demand was made of tbe present sum until last year . Verdict for the defendant . ¦ B RICGB V . AS ^ IIAM .
Mr . Cressw-ell and Mr . Hoggins for the plaintill ; Mr . Alexander and Mr . V \ iuhtman lor the deic-iidaiit . Tne action was one of trespass to try ibu right to a piece ot road , between two farms in the townshi p of SutnningJey . Several old witnesses were uxamined as to u . suge , intervuutiou , etc ., ano tht ; ca .-, e . occupied some hour * . It was of no public or i uui local interest , A veruict was ultimaieK given lor the plaintiff . Tlie Court then adjourned . ¦ SATURDAY , July 14 . - TIIE SJUrXN , ON THE PROSECUTION OK THE SCORTON AM ) DAni-INOiON NUNNERIES , V . OATHERCOLE .
Mr . iJarou ALnftrisoN took bis seat on the bench at nine o ' clock precisely . ' 1 ht ? court was densel y i-roAded m tne passages and every other part . An hour boioic this lime a . great number of gentlemen wi-iv aduiuu'd by private door * , including inagistniU's , barijSior .- ' , attornies , and reporters to liie pabl . c jjress . \\" v . observed Dr . Brig » s < the Catholic liiMiup lor the iioiiiicni district , in tue magistrates ' box . Immediately on bis Lordshi p taking his seat , the loliotviiig gentlemen were sworn on
THE SPECIAL JURY . Win . Collins , of ^——— , Esq ., Foreman . Thoinus Carter , of Kensell , Esq . Bfnjamiu Croslaud , ot South iVlilford , Esq . Henry Wilkinson , of . Flask by , Esq . Stephen iViitchell , of Leeds , Esq . Henry Atkinson , ol Mallam , Esq . Joseph Lainbert , of Leeds , Esq . ¦ Vi ' ni . Stei ton , oi Eccleshill , Esq . James Foster , of Stainlorih , Esq . Adam Hcuuerson , - of Huddersfield , Esq . Thoinasi Johnson , ot Eshtori , Esq . Richard Wm . l ' earce , of Northallerton , Esq . Tbe first indictment called was on the information of the Scortoh Nuiinerj" . .
Mr . WiuH'iJiAN opened th 6 pleadings . The declaration stated that the defendant , the Rev . Ml . Aug . ( inthercole ; , published a certain scaudalous libel on a certain religious order and community , at -Scorton , in tliis county . Tbe defendttut pleaded Not guilty . Mr . CRESftWELLopKiied the case . He said , it this were a case in-which ' the rev . detendant or his counsel could enter into any palliation of his oflehce , I sliobld not be surprised at the meat audience assembied to hear this discussion ; because undoubtedl y it must be a matter of much curiosity to know by « bat statements , or by * what arguments , a clergy man of the Church of England can palliate or excuse his having put forth to the world such a
foul and abominable publication as that to which i am about to draw your attention ; but as that is not the case—as . this is not the place for any discussion of this nature—I ceruihilv shall abtJtaiu ' wholly from any thing but that which is strictl y withm the province of my duty , presenting this castto you ' ' aye or no "—is the publication in question libellous or not ? The prosecutors in this case , those who -huve instituted proceeiiings in the name of her Majesty , are the Lady Abbess ayd nuns of the religious establishment at Scorton , in th * county of York . They were originally establishea in France , aaid'during the time of the revolutionary troubles ii » 17 i > . J they came over to England , and lor a considerable period took up their abode at the castle of Sir C . I'ljifrgerstouc . In l » 07 , they removed to Scorton .
In isa / , ihe publication iu question was put forth . To knies so attacked , three courses were open to vindicate , their character , and protect themselves agavu . Nt the repetition of such charges . Tlie one was by civil action , but it Woul d have beenastran « e thing indeed to find the Lad y Abbess and nuns coming to seek for pecuniary compunsatlou- for an attack of this nature . inuoubtedly in tliat case , the Rev . defendant mighthave put a justification on the record , and might have been allowed , if he had any evidence to justify tUc-churgo , to . bring it forward . Another course open was to prefer an indictment before a Grand Jury ; in that caoii the question would have been , whether the publication was libellous or not ; and if the
Ciraitd Jury was of opinion tViafit was , then no question could have been raised , as . to the guilt or iuuuc « iich of those Indies , and no opportunitv for Mr . ( iathuruoie to justify what he had done . ' The third course was one by which Mr . Gatbercole ^ onld be funnshL'd with the opportunity , not merely of proving the truth of what he asserted , but of proving if there was any conduct on the part of those ladies , which would naturally Itiad to die supposition ' that some such crimes as those imputed to them had been committed . At the same time that course relieved those ladies from any imputation as to seeking to obtain p ecuniary compensation . That course tlfey adopted . Tlu'V ' sipplu'd to thu Queen ' s Bench lor leave to hie a criminal information against Mr . Gatbercole lor
publishing these libels . The course of proceeding in this court on such occasions is this , —the parties who complain are obliged to make affidavit , to pledge their oa ^ tis that they are perfectly innocent ot evtry thing imputed to them ; and the defendauL , on die other hand , is at liberty , if he can , to bring forward evidence , on which , if , possible , to substantiate and justify the charges he . has made . Therrttore , befori ! a record of this nature can be brought down to jury , it is iifces ^ ary to satisfy the Judges that the charges are ¦ ¦ libv . llous , and that they have been publiskcd without any , the slightest foundation . When , theretore , you-find , a record sent down , from the very course ol proceeding , you must take it for granted that there was no truth whatever \\ n the charges ; that-Mr- Gatbercole , when challenged to produce evidence , it he had auy , failed to do so ; and that in tlie opinion of the . learned Judges , the charges are
libellous , Uut by the law of this country , the question is submitted to you ,-. ' as the ultimate authority ; and what you have to decide is simply this * has the defendant published a libel or not . 1 will begin by proving that Mr . Gathercole sent tbe manuscript , which was in his hand-writing . It would appear , tiiat in Ib 33 , Mr , Gathercole became euitor u ' t u provincial work , ' ' ¦ The Chiirchmdn , ' ' and employed : Vl . r . liellerby as printer . At die close of ISM ) , he removed it from the hands of Mr . Bellerby , and took it to Mr . Iukersley , of Bradford . Mr . Jnkersley could not attend from severe illness , bat be should call \ ir . Bellerby , who would prove 'Iliac wheu Mr ..-Gathercole removed it ^ he said he was going to engage Mr . Inkersley . The first libel appeared in the number tor February , 1837 , and the passage set out on the record was part of an article . neade'd' " Petitions to Parliament . ' The libel was as follows : — -
"We most earnestly call upon the clergy and frienda of the Church to let nothing prevent them immediately setting thcunnlves to work lorgeltiiig uppetitioiis to Parliaiiieut on the following subjtcta : —in favour ol Church Rates , either ih their present t ' oriu , or some other equally beneficial to the Church ,. whose undoubted property they are ; aguinst th « iibuminiitions and cruelties of the \ Vhi fr Poor Law- ; aguinst thaiden qV iiuninrality and'tilth , the Britiih College ol' Maywooth ; agaiast ttie lriah Natronul Kaucation scheme ; - again jt tUu lrwh Churih Robbery Bill ; against the bill tor consigning over to the Papists to the Corporations of Ireland . ThiTe ougbt also to be petitions Sfht for the Repeal of the Popish i '^ iMuncipation Bill , and the consequent banishment of the iyirig , oiith-breakui ^ , O'Connell , and the crew of Popwh YK-rjuTi'Ts w'ho loriiv Uia tail , fetitiourt also sYli " . tild be sent ; tot ; im ^ iiring into the number andstate of those brothes for tbi piir-HU , thi l ' opish Niiuaerifis in the Uuited Kingdom . That 8 uca hsuiesoi prostitution shcnld be allowed to erect their inipudeut and filthy fronts in this land , ia a disgrace to its
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professjj Christianity and morality ... All such . Popish- stews ought to be burnt to the ground , only taking : care to let their poor deluded and prostitute inh a bitant * be preserved « wd set free . Weahould be glad to Unow how many Popish Prieata enter the Nunneries of Scorton and Darlingtoa each week ? and how many infants aie bom in them eVery year ? .: and what becomes of : them ? whether the holy fathers bring them up or not , or whether the innocents are murdered out of hand or not , ? " . . : , . r- '¦' . ; . ' " . '¦ ' : *'* - ¦ ¦' . ' ¦ ' ; " ; * - . * ¦ The Learned Counsel coritinuedi—If there'is a man among you , seeing this written of a sister or a daughtert would say , it is no libel , then this prosecution ought net to have heen instituted : forii tiiere can be a man found to sit on a jury in this coHntry , who will say this i > - not a libel- ^ that it has not a tendency to degrade , vilify , and bring into hatred ( if believed ) thos ef whom it is written , —then it is time for prosecutions for libel to be abandoned , and no such questi' . ui for the future be brought before a iurv . professed Chr . atiauity and iu ,, raliu . ; All such Pooiafc stewa
The next publication is siirii . arly characterised . <¦ It is headed " Romish Fox yrikenbelledi" It appears that Mr . Gathercole imagined some Roman Catholic had ventured to appear as a defender , of those whom he attacked , and therefore he abuses him . In the course of that article will be found spine allusion to the Scorton and Darlington Nunneries . I will not go through the disgusting ta . sk of reaaing lie abominable publications one after another . I have given you a sample—they shall be read by the officer of the Court , and as this is a question whether the publications are .-libellous or not—not for the-discussion of the general conduct of the defendant , or meeting out puuishmeut to him—I will not offer one sinj > le observation further on the subject . I feel that I should offer an iusult to your understanding , if I did not leave the proof of libellous matter entirely On the face of the publication itself . The Learned Counsel then called the following
witnesses : — Rev . Richard Kellit . —I am a priest of the Roman Catholic Church ; lam chaplain to the members of the * community at Scorton . Mr . Alexander . —We will admit the record is properly stated . B y "the Judge . —They are bound by religious . vows ; there is another chaplain ; I reside in the Nunnery , and Mr . Hogarth comes occasionally . Cr » ss-examinbd . —1 fan acquainted with the books m u .-e by the Roman Catholic Cnurch ; Iknow the work by Peter Duns ; it is a compendium of a work on divinity in Latin . It is one of the acknowledged maiiu-dls of the Roman Catholic priesthood . The Judge . —What has that to do-with the question ? '¦ - . - ¦ Mr .-Alexander . — -Your Lordship will find an albision io itiu one of the liWls .
Cross-examination resumed . —It is not a book of authority ; I cannot speak as to wliether it is sanctioned by the Roman Cat iolic liis ' iops of Ireland I do not approve of-tlie whole of it ; it is a -work I have fieard but little spoken of ; we do not read it in our college ; our college is -Ushaw College J . itisnot read jis a-class-book ; we are not bound by its doctrines ; I believe that is a general sentiment among the clergy with whom I am acquainted : there is ho direetimi . that we should obt-y that b « ok . Mr . C n ess well objected to this course of examination . ¦ . •' . ' By the Judgf :. —With respect to this book we have the right ol private'judgmeri .- ¦¦ " .
Crots-exiimiiKirioii coutin . ued .. ^ -lt is iu the library of our college . We have a book Culled the Garden of the Soul . That contains a manual for the ' penitent ; one part ol it refers to self-examination . Dens ' work is for the priest . ]> us was a modern divine of the Catholic Church , within the last one hundred years ., By the J uih ; e . —If you have a good defence go to it . Writing such articles is not the way to conciliate or convert-Mr .. John R . Trout stated that the Churchman was printed h y Mr . Inkt-r .-loy , in 1836 and 1837 . Theeditor was Mr . Gnthercok * . Mr . Fisher produced M . S . from the Crown Office , London , which is part of what he set up for the Lhnrcltmnn .
Mr . Bellerby stated that he printed the work in J 8 ;« . Mr . Gathercole was editor otic . During that time , he frequently ' saw him , iVl . S . produced , which he saiil he believed was the defendant ' s hand-writing I ceased to print . —Cross-examined : Mr . Gathercole was then curate nt liardslt-y , in Craveii . [ A letter wan received , written b y Air . Gathercole ^ which stated that Mr . lukersley , of Bradford , was going to be the future printer ol the Churchman . ] It was dated D .-c . 5 , 1835 . * ' . ' Mr . John Wilson . —I am a printer at Darlington . In Feb . last year , I printed the publication called "A Romish Fox Unkennelled . " Mr . Gathercole gave me the M . S ., which . I returned , with proofs , to himself . I printed 501 ) copied- ; about fifty of which I sent to him . The rest were circulated . The Clerk of the Court then -read-- the other * libels , which will be found contained in the following article : —
A ROMISH FOX UNKENNELLED . " Let the pal I'd jade wince , " . It skows that the " saddle is on the right horse " Fellow Britons ! Only think ! Maria Monk in England . "V ' es" Maria Monk in England ! " so says a Papist , who miscalls himself "A Catholic . " He heads his paper with the ominous words "Maria Monk iii England !! ! " And perhaps he does so from his ow . i personal knowledge and experience in such matters . For no doubt there aru many poor deluded and betrayed females in those seraglios of the popish priests called nuuueries , who like "Maria Monk , " would be glad to get out from those honse 3 of priestly fame , if it w « re possible . But no ! Fellow Brvtons , they are there too narrowly ¦ watched to make their escape . Their steel-hearted keepers know that if they were allowed to come out they would never go back , and that their tales ' of wo e and horror would arouse the noble feelings of free-born Britons , and induce them to have the doors of those
dens of female grief and wretchedness burst wideopen , and the once lovely captives set quite free . But they are " unoffending feuial « s ! " No doubt poor sorrow-beaten creatures , they are " more sinned against than sinning . " If they have never offended , and are " unoffending , " , why are they thus imprisoned in those prison houses pf Popish seclusion ? -Where is the authority of their abun-ionment to such a state of hopeless misery ? Does the word of God or the religion of Jesus Christ , or the dictates of reason , or homaii nature , ur common sense , require such cruelty , or nfford the slightest countenance to such , worse" than brutal treatment ? Oh , but says a papist , " Appeal to the miigistracy—call for an investigation . " Aye , aye , fellow Britons , but who are to be investigated ? Will criminals accuse themselves ? Did you ever know of * u cb ath . ng ? What is . this Romish fox driving at ? and what does he mean ? Is not "
Invesf-gaUou" the very ilmig the Churchman calls for ? It says , let the . e be sent to Parliament "Petitions tor inquiring into the nuxubers and state of those brothels for the priests , the popish nunneries in the United Kingdom . " What is this but a call for investi gation ? " But that is the very thing this llomish fox docs not want . An "investigation , " indeed ! In the presence of their old procuresses or superiors and priests I suppose ! A pretty "investigation , " forsooth !! What drilling and preparation there - -would be just before such a mockery , for
such an "investigation" as would suit the crafty priests . I say , fellow Britons , let the poor things enjoy the exercise of their limbs in the open air , and admire the beauties of nature and the handywoTks their Creator . But no ; that would never do ; for how many Would return if they once got clean out the reach anJ influence of the hol y fathers ! The old " Mother of harlots mid the abominations of the earth "— "the w oman drunk with the blood of the sniuts and with the blood of the martyr * of Jesus " ( Rev . xvii . 5 , ) knows her cra ' . t too well . Sometime
ago , a nun had the good fortune Io escape from that precious house of virtue and purity at Scorton ; and witut scheming ( here teas to get her back again !! And whnt has become of her ? It is said that when she left the house of her protector , she promised to write to him immediatel y alter . Did she ever write , or was she-put out of the way somehow or other lor fear of an exposure ? Ah ! thereby hangs a tale . Read the awful disclosures of Rebecca Reed and Maria Monk , which are substantiated beyond doubt , and to the mortification of all the hol y fathers in . America ; you will then , have some idea of the proceedings ot the ghostl y fathers in their seraglios . Recollect while you read them that the Rtimish church is infallible ; that her motto is senipei ' eadem
, always the same or unchangeable , so that she has never erred in any of her cruelties , and that what she does in one place she will do in another if convenient . Read Peter Dens' blessed theology . I have it at my elbow with the dedication to Dr . Murray , tue popish sham bishop ef Dublin , and with his approbation . It breathes inimorality , filthiness , persecution , and blood . Read that pink of popish piety " The Garden of the apul . Area ) smkof iniquity , pollution , and filth , out take care that your wives and children do not read such books . The- questions put to females at confession are truly horrible ' , and so polluting and owgus ting , ' that it is impossible for a popish female tohave a virtu' us miud , after shehas been contaminated at a popish confessional . And this the writer of Maria Monk in fiugland" knows perfectly well if he be a priestly lather . He knows also if
any ladies have ever left their priests for others * on account of their iudecen t questions and conduct at confession , solicitatiune mulieris in tribulani ? He had no occasion to be so angry with The Churchman , tor it merely said that it would "be glad to know how many popish priests entered the ; nunneries at ocorton and Darlington in each week , and -also how many infants are bora in them every year , and "what becouu-sof them ? whether the holy fathers bring them up or not , or whether the innocents are inurd-red out of hand or not ? These questions ai ; e asked civilly enough , and certainly demanded civil answers , and answers they must have ; or people will guess why not . Aud . a * the editor of The Churchman's name is known , let the answerer give his name , and not fight under-a mask . Let us have all above-board ana none of your nunnery work . Skulking may do tor popery and for popish priests
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and their aeragKo « , for some men "tow daritne . . »^ - ^ % t , ljettWBe : fIidt ' 4 eedaweS 5 M& Bntons loTebroad dayh ' ght ; and ^ as ' thewriter If ^ Titv ^ ' K ^ gj ^ d , accuses The ChSr £ of falsehood , I herejiemand in its behalf , tS £ its editor can undoubtedly answer for himseS proof of its ^ ntaming one dngle fafeeS from , its commencement ; and this I will harc or the accuser shall be ^ denounced in his own ' langnage . as a « mean and base calumniator , '' anda " r ^ dl * 8 lM « lere ^* although he belongi to tha mfallible church . Oh the purity and infafiibility ^ thwehnrch ! I Here ^ sa littl e of it . Pope HiM ebrandi who first prohibited the marriages of tha clergy , kept a harlot named Matilda , who left her ™ iA - » i . ^ .-a «^ .. K _ - ' - /> . . . —^^^^^ r ?*^
Husband to live with the eld wretch . Pope Sergrag the third , had a harlot named Marozia , who had greatpower in governing the church . She brought the old pope a son , ind afterwards got him to be p 6 pe , as John the Eleventh . John the Twelfth wag accused before a synod of wickedness with the widow of ^ Rainecius , and with Stephana ; his father ' s concnbuie , and with a widow named Ann % and her niece . Pope Boiiedict the Twelfth bought a beautiful young woman for a large sum of mqney . Pops Sixtus the Fourth buflt a brothel ( query Nunnery ) a * Rome , and provided shoes covered with pearls for his concubine Tyresia . Pope Innocent the Eighth innocently enough became the father of eight soni ^ W ?^ ug hter ? -. , Pope ^ lexander the Sixth , who lssaidtohave sold
himself to the devil , had a son ^ nd _ a daughter who were afterwards married to each other . Paul the third gave his sister to tint Alexander , to be made a Cardinal ; From the hoKness of this Paul came the schismatical Council of Trent , when , the Church of Rome separated from the Cathohc Church . There was also in 853 a woman Pope , who called herself John the Eighth , and by one of her servants she had a child , whichyas born m the street while she was walking in procession . She died on the spot , having helathe popedom of the pure arid infalhble church two years one month andTourdays . . Surely she at least was the "AV ^ ho reot Babylon . " A multitude more of the tricks ot these infallible gentry are given in the lives of the Popes , by Platina , an old Popwh writer . And if wouia
you like an lnlallible story , Sir Henry Colt , of Nether Hall , Essex , a great favorite with the Popish Henry VIII ., played some old Popish priests or monks a clevfcr . trick . Having been informed that the holy fathers of Waltham Abbey were eoing to return that night from Cheshunl Nunnery , he suddenly left the King , promising to return early next morning . Off he started for Waltham Abbey , and pitched in the narrowest part of the marsh , which the monks had to pass , over a kind of stall or trap with which he used to catch deer , and left some sharp fellows to manage it . After the holy fathers * £ . got clean out of the Nunnery ^ a noise was made behind them , and suspecting that they were discovered , put out their light , and making more haste
tnan good speed , they all ran right clean into the net that had been set to catch them . Nexfc morning bir Henry presented them to the King , who had otten sweeter , but never fatter , venison . What nice illustrations these are of the celibacy of the priests and priestly nunnery purity , and what striking proofs of infallibility . Bnt to come nearer home , let me just ask whether all popish nunneries are not in this country , contfarj- to the existing laws of the land ? And if not , whether those which imprison poor helpless females at Darlington and Scorton be registered according to lawor nqt f These matters must be looked into . Moreover , I cannot but think that one priest is surely sufficient for the spiritual duties of each nunnery ; and why then do so many pi-tests go week to these
every places , and in operi daylight too 1 —Answer this Mr . "innocent" Papist , aid when you are doing , tell us to what other denominaticm of professing Christians but to the Papists will the language of St . Paul apply , when he thus gives one feature of the apostacy of " the latter times , " " forbidding to marry ¦ ¦?¦ ' ( 1 Tim . iv , 3 ) . Fellow Britons , keep your daughters from thes e Popish schools , for they are nurseries out of which the handsoniest mar be selected for the seraglios of the Popish priesti . Petition Parliament for the freedom of every soul on British ground . Demand that helpless and betrayed females be set free , and allowed to enioy their freedom . Demand that the doers of all the Popish harems be thrown wide open every quarter ^ and that every nun be protected therefrom , beyond the reach and influence of the Popish superiors and priests , to return or not as she may please . Freedom is the
Briton ' s noble birthright , rescued from Popish tyranny , at the expence of the heart ' s blood ^ of our valiant Christian forefathers , bravely shed amidst the racks , tortures , and fires , of the bloody Popish inquisition . And shall any of our lovely fellowcountry-women be confined ; in nunnery prisonhousesy to be the victims of licentious priests , and without one hope of escape , but through the gloomy portals of death ? Forbid it , noble Biitons ! Brave defenders of the . oppressed ! Genevoiis Brotectors of the helpless , where is yo-ur ancient British blood ? Rally round the endangered standard of British freedom ; and in the teeth of all your Popish enemies , whether they present themselves as y olves or foxes , hurl ; the defying shout of no surrender ! And ' every Bntish heart shall beat no popery in loud response . " Britons never shall be slaves , " so says the oaken heart of & true Catholic . Darlington , February 7 th , 1837 .- . -- ... - - .. ¦ . .. ¦ -. . . . : ..
Mr . Alexaijher then addressed the Jury for the defence , as follows : —May it please your Lordship , and Gentlemen of the Jury , it was with the mostun feigned sincerity that I observed to the first witness , that both he and myself were placed in a positiou of Eeculiar anxiety and inconvenience . He , because e Stood there , liable to whatever cross-examination which the law allowed , and if I had chosen to extend it to a greater length : than I did , the law allowed that on a subject dear and venerable to him ; and I , because the duty-1 had to discharge was one which mv . profession throws upon me , and which it is not unlikely I may find it inconvenient personally to discharge-, but , nevertheless , it is my duty , and I will perform it . It is a fortunate thing for public justice that advocates have no choice as to whether or not they will advocate the case that comes before a jury : because at the same time that it absolves
them trom being niixed up with the feelings and views of their clients , it entitles every suitor , who seeks or is driven into a court of justice , to avail himself of whatever the Eneh ' sh bar can afford . The duty thrown upon me I shall discharge , whether to the satisfaction of my client or " noty'I know not ; but I will discharge it as I think best for his interests . During the short address I shall ihink it necessary td make , you must understand me as representing that reverend gentleman whose cause I nave to advocate , as uttering his sentiments , as laying before you his v . ews , as explaining to you his niotives , and on his part asking for protection , either general or limited } such as the case Will permit . My learned friend , m the brief and judicious address with which he opened this inquiry , gave as a reason for not entering fully into the statement of cirenmstances , that the nature of the case forbade it—that the
mode in which the investigation had arisen , excluded the defendant from entering into the general truth of what he wrote . It has never occurred , to me to have to discharge a duty , more important in itself . as it regards the subject matter inquired into , or the individual author of these publications ; because the topics that , should pres 3 themselves on your consideration , I have to propose to you in ag favourable a light as possible , that he may not lose the benefit of an advpeate- ^ they are topics of a high , important , and deeply-serious character ; and trusting to your knowledge of what has happened within the last eight or ten years ori subjects intimatelr mixed up with the libel * in question , I will refer to that knowledge of facts and public impressioni , and the
rather than ofiend your ears ^ outrage wellregulated feeliugs of all in Court , by descei » ding into the particulars . But j ask , when you retire from the Court to consider your : verdict , to take along with you the libels you have heard read , to observe the suggestions I shall make , and to most anxiously consider the question in all its bearings . Theinforrmation against the defendant consists of four counts , containing three libels ; the first count of the first libel charges the defendant with having published a false and scandalous : libel , with intent to vilify certain ladies—the individual nameJ being given . The second and third counts on the second libel are the same , but the fourth couat charges him ( with much more justice as I submit )
with the general intention of libelling the Scorton Nunnery .- 'X- \ . - . "'; . - ' .- . : . ¦ ¦ ' - . . - , . " .. " : Baron Aldebson , — -The great point is , whether this was a libel on the Roman Catholic Church generally , or the Scorton Nunnery ? If solely on the Ghurch , then this indictment fails . Mr . AtEXANDEB continued—You would guess , from the peculiarity with which I read over tie counts , that my next observation would be , that which his Loi-dship has suggested in amuch stronger point of view . Now I cannot help thinking that the time will come when it will be of importance to the defendant whether the verdict w found on the first or last count . I will illustrate thisin a moment—individual malice and anxiety to injure , by selecting persons who might have their prospect * in hfo blasted and destroyed by libels , would deserve and receive much less consideration at the hand of «
juiTV than some matter applied in a general way , with no such intention , but an ephemeral production of the day , when its day has past bjr to be forgotten like the rest . To attack an individual , directing the attention of the world to him , or attacking a particular body , and taking a more extended new * merely attacking the weakness of human natuie » are very different things . You will &id the complaints of the defendant less against individuals tixvj a sy 8 teni , which , by a particular -code of laws ana regulations offaith * not merely lays persons open to temptatiohy but is aii incentive * : to a deviaopn ft-om the paths of virtue ; It was with this view , m we exercise of my judgment , that 1 thought it right w ascertain the existence of a mahnal called IJens ^ theology , and a work entitled the Garden of . tM Soul . I did it because those books are particularlT alluded to in one of the libels , and when you real ( Contimed in our 7 th Page . )
Untitled Article
¦* THE NORTpM | MR . ^ V 1 ^^^^^ 8
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Citation
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Northern Star (1837-1852), July 21, 1838, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1015/page/6/
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