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YORKSHrRT? BTB.ING ASSIZES.
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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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Yorkshrrt? Btb.Ing Assizes.
YORKSHrRT ? BTB . ING ASSIZES .
CROW !? COURT—Satuxdat , Mabch 28 .. ( Before Mr , Justice Coliman , ) Tfnamas Hownam pleaded gnflty to a charge of riot , and "was ordered to enter into bis own recognlzinces of £ 100 to appear at tlie next assizes to receive judgttcnt Svldijre SutcHjre . aged 27 , < sras indicted for attempting to fcet fire to the cotton-mill of Abraham EtlTey and others , xx . Langfield , in the West Biding , on the 24 : h of ^ eptember last . Sir GBEGOB . T Lewis and Mr . Pashlet contacted the prosecution ; Mr . WHEJXS defended the piisanM .
It appeared that the prisoner had been in the employment of the Messrs TJtUey for Borne years is a spinner , but in the latter part of ltst year , in conse-. qnence of some iBiprovtments having been Introduced into the machinery -which rendered necessary a smaller number of hands , he , frith eight others , Tras dismisBed . There "was , however , no quarrel between him and his master on flat account . Mr . TTt'Jey gaTe a dinner to the dismissed wofimen on the occasion of parting with them , and to the prisoner , at least , had expressed his ¦ w illingness to assist him in getting another sitnataon . The prisoner , it appeared , howfcver , had on more than cue occasion used strong language respecting the Messrs . TftUey and their miH , and expressed a "wish that it was Iramt . Being ont of employment , hoTTETer , and an old
servant , he -was frequently in and about the mill , and Jiad many opportunities of frmfcing bimself acquainted "wifti Its internal arrangements . It appears that one part ef the mill iB called the * ' "willow" room , in which the cotton undergoes one of the first operations to -which it is sutvjected . This is on th& ground fl ' -or . The -willow" mackine stands in the centre of the room , and on the 2-4 th of September last , there "was at one side , ntxt the wall , s heap of cotton , which had niMlerscsje tins opexstacn , and "was , therefore , ol S light consistence , and very inflammable . In another corner , near the door , there had been left on that evening , -when the workmen came a-sray , a ship of cotton -waste . About ten o ' clock . Mr . Uttley was standing at the door of hi 3 own house , which commands a Tiew of the willow-room , when he perceived a light Be "was wondering whence it could
pTocsed , when his overlooker , who tad been atTodmottten , came lip at *>» » moment on hia -way home . ill . Uttley pointed tbe light out tobim , and he immediately hastened down to the willow-room , Mr . TJttley following . He found the willow-room door a jar , the waste in the skip in a bleza , and just communicating with a train of cotton abont a foot wide , which was laid from the Efcip to thB heap at the other side of the room . The overlooker , with jjreat presence of mind , cut off the comainzneatiQi : , and thrusting the skip out of the door threw it into file «^ m which -was just opposite . Mi . Uuley succeeded in extinguishing other portions of the burning cotton in the room . It was stated that had the fire communicated with the htap of " willowed ** cotton , nothing could have prevented the total destruction of the milL This was worth about £ 3 , 000 , and was insured for ; £ 2 . 510 .
To connect the prisoner with this transaction , a great deal of cirenmstantLal evidence was gone into as to con-YersstionJ which the prisoner bad bad -with several individuals a short time before this occurrence . He had been seen , too , about the mill , and coming out of the •» aiow-Toom at a l&te hour on that bvening , without there being apparently any reason for his being there . About the time the fire broke out he was met on the frigh road at a distance of a few hundred yards com i ng apparently from the mill , and those who met him described certain peculiarities in bis demeanour and the expressions-Wlaea feu from him , which seeiaed to show that he -was at that time in a state of considerable confusion and alarm . 3 ir . TClUKlxs addressed the Jnry / or the defence , and , after a shun consultation , the prisoner was found 2 f « t Gaflty .
Wudam Hogcrson , IB , and Joseph Smith , 21 , were charged with ho ting , on the 9 th of December last , at Leeds , assaulted Benjamin Barker , and stolen from his persoB s hat . an -umbrella , and paper parcel Mx . Btgh Hul was for the prosecution . The prosecutor is a doth manufacturer , residing at Bramley , and oal ' ridsy , the Sin of Itecember , lie was proceeding to Mb home from Leeds , when ha came up with three men , one of whom Beiz ? d him and attempted to stop his mouth , but he struggled and called out , and the men made off , taking -with them the things mentioned in the indictment , which had been dropped by the prosecutor in the struggle , which , however , he afterwar- ds recovered . Information was given to the police , and from the description given of the men , the prisoners were apprehended .
This case depended on a question of identity , which was folly made out against Smith , and he was sentenced to twelve months' imprisonment to hard labour . The prisoner Rogerson was acquitted . Samuel FothergiQ , 21 , * was charged with having on tie 20 ih of Drceraber last , at Leeds , assaulted . Israel Holg&te , and stoien from his person 15 s ., ten sixpences , a-sUver pencS casa , n saver watch , a siilvtjr snuff-box , and other articles , his property . Mr . Baxx "was for the prosecution . The prosecutor ii a Weslejan minister , and resides at Bnsnley , v&a L * rds . On the evening of the daj in qupslion , he w «
processing towards that place from Leeds , when he ¦ was stopped by three men , who knocked him down , and jnflid hia pockets of the article mentioned in the indictment , and ran off Information was given of tie robbsry , and six days after , some of the property was found in ihe poaseHao ' j of the prisoner ' s wife , who said that her husband had given her the thingB about a week before , which statemeat Fothergill confirmed , and added that he had found them . He was taken into custody , and npoa the evidence of recent possession , committed to Tort for trial . Tee jvaj found tbe prisoner licit Gnfity .
Jamss TTilssm , 24 , was charge ! with having , pn the 27 th Bee last , at Donca&ter , assaulted John Smith , and stolen from his person three sovereigns , and five shiViiTiFa , his progeny . Mr . WiLKXNS and Mr . Aspisaxl were for the prosecution ; Mr . O ? erend d&fenC « d the prison ** . The prssaeuior is in the employ of Mr . John Wright , of Doncasta , miner , and on the evening of the day in question he "was proceeding to Can House "with . son > B flour , when he was attacked by three rues who knocked him down , wA xifLsd his packets of ths property above meuta ad . Having done this they abused him ,
ticked him severely , and threw him into a pond , ¦ where lhi . y leltliiHj- Ha waa ionnd there a shore time after by some other parsons , " who got him out , and he ¦ was ' conveyed hsma . Medical aid was called , and the prosecutor was confined tojthe house for a week iff consequence of the injuries he received . On the same evening , Etches , superintendent of police at Doncaster , received information of the robbery , and he very shortly caused three men to be appreheded , one of ¦ whom the prosecutor positively identified , but he could not speak with certainty to the others , and they were
discharged . The defence was that tha question for the Jury ¦ was as to identity , which Hx . Otebisc contended had not been sufficiently muds out to warrant them in giving a verdict against the prisoner . The Learned Counsel called & witness , who gave the prisoner an excellent character . —Not Guilty . Join TTheaHen wras chained -with having , at Iseds , On the 2 l 3 t * f May , 1 S 42 . forged and put eff a certain proEiiss « ry note , purporting to be the note of tha Leeds Union Binling Company , "with intent to defend one William R-isa .
Mi . Ellis was for the prosecution . It appears that in toe moath of April , 1 S 42 , the prisoner had by misrepresentation induced a respectable engraver in Leeds , of the name of Nicholson , to engrave him a blank form , somewhat resembling an unfilied up note of the ab * . ve company ; and on tha day charged he attempted to dispose of one ^ Jiicn tie had filled up to Mr . Rose , of Leeds , ^ ocer . The counterfeit was inimediatsiy detected by that gentleman , and he gave the prisoner into custody . Gailty . To be transported for ten years-Georpe Green , 20 , was charged with having , on the 2 nd of January last , at Hesiington , broken and entered an . out-hc-use adjoining tbe dwelling bouse of William ililner , and stolen tbarefrom a quantity of linen .
ilr Cteeeb -sras for the prosecution . Toe prosecutor resides as H&alinsvou , ^ " ^ his -wife v-Vp * in linen to wash . On Monday the 2 nd January , she washed a number of things belonging to Mr . Kewstead , of T * rk , and the Friends" School , which were lsft safe in the was >» house at night Next morning the deor was found op = n , and the things gone . A search was instituted , and very shortly the prisoner and tbe linen weTe fonnd concealed in a hay-saed belonging to Major Yarburjrh . Tbe Ceun « el for the prosecution failed in proving that the wash-house was within the curtilage ef the dweflmg-houss , and under the direction of the Learned Jndge , ionna the prisoner Guilty of Larceny . To bs imprisoned and kept at hard labour for nine calendar siontha . The Court was then adjourned .
31 O 5 DA . T , MiRCH 29 . Samwi SMisg , 27 , Thomn Gurlick , 30 . and Wm , GaHick , 22 , were indicted for having , on the 30 th of January last , at Hudders&nld . feloniously and violently assaulted Wm . Buttye , on tha highway , and st » ien from iis person sxoeEce in silver aod one penny in copper , fcbfi property ef she said Win . Battye . Mi . 1 XGHA 3 I and Mr . MosiEiiH were for the pro-Mention . Mi . ^ iikiss defended ihe two Garlicks . Sled ju ^^ was nndefended . Tbe prosecutor is a young aan about sixteen years of age , and on the 30 th of January last he want to visit his parents , who reside at Birkenshaw . He was
retar ing to HBOhousB , near HudderBfield , at Which place he worked ^ and on hw Toad be bad to pass an inn tailed tha Woodman . When te had got a riiorf distance past this inn he came up with three men , one of *» hom \ Sleding ) after covering the prosecutor ' s month , With his htind , knocked him ; down , and the three men gave Mm several kicks while hs was down . Bos pockets "were th&n riflad , and tha maney mentioiied in the indictment waa abstracted , fiiey also took hiB hat , and . then made off He called ont several timas during tee period that he was ' - ^ raygling Twin the men , and a person on coming out of the Woodman , found him laid on the road bleeding ; and by him be was conveyed to the Woodman . Ths ptosw-u * ot cnnld -ot identify any of the prisoners except Sleding , bat witnesses were
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called who deposed to having seen them together " larking" near ths place where the robbery was committed a short time before its taking place , and they were taken into custody on the turnpike road a short distance from the place , and had been seen for some distance in company . The night was dark , and tbe question of identity was strongly pnt to the jury by the Learned Jndge in hia summing up , as well as by Mr . Wilkins in bis address on behalf of his clients . The jury , without retiring , and after a moment ' s deliberation found all the prisoners Guilty . Tbe prisonei Sleding was sentenced te be transported for life ; and the two Garlicks for tbe term of twenty years .
Tftomas Greaves , < 18 . ) William Howling , < 27 , l and James Scholtfidd , [ 27 , ) were indicted for having , on vbe 30 th of September but , on the highway , at Leeds , assaulted Richard Tickers , and stolen from his person twenty sovereigns , fifteen half sovereigns , a £ 5 note , and other property . Mi . IxghaM and Mr . Price were for the prosecution ; the prisoners were undefended . The prosecutor is a dealer in calves , and resides at Addingham , sear Skipton . On Friday , the 30 th of September lost , he had been at Leeds , disposing of some calves , for which he received tbe sums of £ 32 10 s . and £ 4 10 b ; the money was in geld , and a £ 5 bank of England cote , which money all but two sovereigns , he pnt in a purse , or in an inside waistcoat pocket
He left vicars Croft , Leeds , [ about eight o ' clock at night , along with Eli Delves ; and , after crossing Woodhouse Moor , he called at a butcher ' s shop , where he stopped about half an hour , Ddves leaving him there . He ( the prosecutor ) proceeded on tbe read home alone , and about ha ' . f a mile beyond Headineley , be was Buddenly seized , dragged off his poney , and thrown en to ths ground . He was then attacked by fane or fire men , one of whom placed his hand over bis mouth , to prevent his crying out , and during this time a finger got into bis mouth , which he bit most severely . He struggled hard with them , and one of them said *• 3 > - ^ n him , if he does not lay still , stick him . " Ihey used great violence , and , in order to get possession of his money , cut his waistcoat , and tore his pocket tut . They robbed him of £ 32 10 s . He supposed it must
have been a little after nine o ' clock ; it was dark ; but he could swear to the prisoner Greaves , who was the man he fell upon the first He also lost a memorandum book , a key , and his bat He found a hat on tbe read aftBT the prisoners had run away , which he gave to Mr . Read , chief constable of Leeds , and which was sworn to by several witnesses as having belonged to the prisoner Greaves ; and when the prisoner Howling was apprehended his finger was found to be severely wounded , which he first said had been cut by a knife , and then by a piece of glass ; but a surgeon who examined his hand gave it as his opinion that the wound had been caused by a bite . The prisoners had been seen together on Woodhouse Hoot the same afternoon ; they were proved to have been very uboit of money before the robbery , and were shown to have been spending it very freely after the robbery .
Several witnesses were called , each of whom clearly brought the crime home to the prisoners ; and tbe Learned Judge having summed up , the Jury , without hesitation , returned a verdict of guilty against all three . They were sentenced to be transported to fifteen years each . Henry Storey , 32 , was indicted for having , on the 7 th of March , 1812 , at tho borough of Hull , feloniously uttered , disposed of , and put off a certain promissory note for the payment of £ 22 Ss . 6 d ., with intent to defraud one William Jrvin , well knowing the same to be forced .
Mr . A 2 CHBOLD and Mr . LIDDELL W 6 T 9 for the pTOsecntion ; Mr . Wilkias defended the prisoner . The prosecutor in this ease is one of the firm of Wm . Irving & Co ., fLtx-drassers and dealers in hemp at Hull , and the prosecutor is a rope-maker residing at Filey , near Scarborough . The note was given U the prosecutor as security tor half a ion of hemp , and purported to be signed by the prisoner ' s brother , and Mr . FelliskLrk , also of Filey . On the note becoming due , the signatures were discovered to be forgeries . —Guilty , but recommended to mercy . Sentence deferred .
Edward Petty , 28 , was charged with having on the 7 th of February last , at Barnoldswick , robbed Joseph Windle of a sovereign , and £ 3 10 a . in silver . Mr . Was > et was for the prosecution ,, and Mr . Rkatox for tbe prisoner . The prosecutor is a carter at B&rnoldswick , an'd on tbe evening of the 7 th of February be was returning htme from Burnley , in Laneashlre , a distance of about twelve miles He was sitting up in the corner of his cart half a sleep , and when he had got to Tubbor Hill his attention was attracted by his horse stopping , and on looking up he saw the prisoner near the end of the cart . It was a moonlight nigh :, and the prosecutor had known the prisoner for atv « ral years before He said " Hollo , Ted , is that thee ?" The prisoner replied "May I ride with thee down to
Barnoldswick , Joe , " prosscntor said " Ayu , jnmp in lad . " and he did so . Another man also got into the cart from the shafts , and tbe men said to Windle "Now , thoa must deliver up thy brass , or we ' ll kill thee in a minute" The j > ro ? ecnt * jr » aa struck several times with a slick , and robbed of the money mentioned in the indictment- The prisoner then « aid ' This is not all , tbon has some in thy shoon ( shoes . )" Pro : >? cu \(* said b « had not , prisoner called him a liar , and the men tbeu cat the laces of his boot * a . o , d took . them away . Th e prosecutor was rather stunned by the b -o"s- » . went to the nearest fartD-bouse and obtained a
pair of shofc 3 . and then went to Barnoldswiek and gave information to King , the constable . He , however , was lame , and conld not rtudtr ^ cy assistance , but Windle went into the Cross 3 Lys pnblie-house , and asked Mrs . Robinson , the son of tbe landlady , to assist him . He did so . and found the prironer sitting by the fire in hfs mother ' s bonse , in his shirt sleeves . He went to get ¦ further assistance , but when he and others returned , it was discovered that Petty bad made Ms escape , and he was not apprehended for a wc ^ k oz ten days after that time . Witnesses were called to prove an aLibi , but ibis tailed , and the Jury returned a verdict of Guilty . —Fifteen years transportation .
SUBSIDIARY COURT—Satcrdat , March 18-( Before the Bm . J . S . Wortiey , Q . CJ Thomas Gledhall , 1 S . and A braham Farrar , 20 , pleaded guilty te stealing at Swillington , on the 14 th of Nov . last , ene ewe . and "with killiDg one other ewe , with intent to steal the carcass . —To be imprisoned four calender months to hard labour . John Burton , 38 , was charged with stealing a great coat , the property or James D : xon , at Sbdbergh . Mr . Bla 3 SHA £ D conducted the presecntion , and Mr . DeaSLZT dfefended the prisoner , who was fonnd gailty . and sentenced to be imprisoned for three calender months to hard labour in Wakefield House of Correction .
William Slorer and Thomas Rtbinson were charged with breaking into the dwelling-house of Wm . Roukley , at Crookes near Sheffield , and with stealing various articles therefrom . Mr . Pashlet and Mr . Smith were for tbe prosecution ; the prisoners -were undefended . The Jury fonnd Storer gnilty , and the constable proved two previous convictions against the prisoner , who was sentenced to be transported for ten years . RoMnson was acquitted . Samuel Mortimer , £ 0 was charged with killing a sheep at Haifield , the property of Francis Shincliffa , with intent to steal the carcass . Mr . Roebuck and Mr . Ji . srisjLL . 1 . were for tbe prosecution j 2 At . WlLKIKS
defended the prisoner . The prosecutor 1 b a small fanner living near Thome , and in February last he bad three sheep pasturing in a field , which he saw safe on the evening of the 11 th of that month , and on the following morning it was discovered th&t one of them was slaughtered , and the carcass taken away . The prisoner ' s house was searchtd , and several parts ef a sheep were found in it and in an adjoining rush stack , one of which corresponded -with the skin left in the field . In cross-examination it appeared that there was only a very small piece of mutton fonnd in the prisoner ' s house , and that the stack in which tbe greater part of tbe meat was found was a distance of 100 yardB from the prisoner ' s house . —Not Guilty .
Mo >* dat , March 20 . Before M . T . Baines , Esq ., Q . G . Joseph Pollard , 37 , was charged with having burglar iously entered the dwelling bonse of John Patchett , and stolen therefrom 160 lbs . weight of bacon , one gallon of gin , and other articles . Mr . PaSHLEY was for the prosecution ; Sir Gregory Lewjm defended the prisoner . It came out in the course of the trial that there was no case against Pollard , and that the gullcy party was a man named Wilkinson , who had been committed for trial , but the Grand Jury had ignored the bill . The Jury , therefore , under direction of the Judge , acquitted the prisoner . William Myers . 32 , was charged with having feloniously assaulted William Myers , and with having stolen from his person one gun , the property v > f Wm . Rhodes , Esq . at Arthington . Mr . Ovkresd was for the proBecutiou . Sir GLewis defended tbe prisoner .
The crosecntor is a farmer at Arthington , and on the night of the 19 tn of October , be went out with the gamekeeper of Mr . Rhodes , of Kirkstall Hall , to preserve the game on that estate . The prosecutor bad a gun in his hand , and they encountered a fang of poachers , of whom the prisoner was one ; on coming up , the prisoner and the prosecutor had a scufie , in which tbe prisoner wrenched the gnn from the prosecutor , who was also much ill-used by the other poachers , and but for th * interference of the prosecutor would probably have lsst his life . The prisoner carried away the prosecutor ' s gun ; but tbe Judge doubted that there was any proof that the prisoner had taken away the gun feloniously , with an intention to convert it to his own-use ; it rattier appeared that bs had taken it from the prosecutor for tbe purpose of disarming him . If that were the case , then , however guilty the prisoner might be of another offence—that of night poaching—he wu not guilty of the felony .
The Jury returned a verdict of Not Guilty , and the prisoner -was discharged , after an admonition as to his future conduct Thomas Rawmle ]/ was charged with stealing from the dwelling-house ef John Priestley , of Bradferd , a quantity of wearing apparel . Mr . Chxrles Hakdt conducted the prosecution . The prisoner was undefended . The prosecutor and his wife were from home on tbe 17 th of February last , and on their return they found mat ujo house had Deen entered , and a suit of o » t * n ° s
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clothes , a handkerchief , and other articles stolen . These thing ; tbe prisoner was proved to have pledged at Halifax , on the 20 th of Behroary . Guilty . —To bo imprisoned eighteen calendar montbB to hard labour . William Tessyman , 52 , was charged with having , on tbe 18 ; h of Oct last , at Stonebeok-down , feloniously stolen ten wether sheep , the property of William Forster . The sheep were seen in the field three days preceding the robbery , and on being missed , were traced to Leeds , where it was ascertained they had been sold on the 19 th of October . The sheep were marked " R W . "on the horns . The Jury found the prisoner Guilty . —To be tranjssported ten years . Jeremiah Barlow , 22 , was charged with having on the 23 rd of October , at Doncaster stolen a gelding , tbe property of Joseph Maehin Axe . Mr . Blanshard and Mr . Walker were for tbe prosecution ; Mr . Wix-KINS defended the prisoaer . The prisoner : was fonnd Guilty , and -was sentenced to be transported for ten yeara . James Scott , 26 , was charged with having uttered and pnt off a certain forged promissory note for the payment of five pounds , purporting to be a note of the Halifax and Huddersfleld Banking Company , with intent to defraud Richard Varley Mr . Bliss and Mr . Pickering conducted the prosecution ; and Mr . Ovesenp defended the prisoner . The prosecutor keeps a small shop at Stainland , in the pariah of Halifax , at which place the prisoner , who is a delver , also resides . On the 1 st of December , Scott went to prosecutor ' s shop , and asked him for some blasting powder , in payment for which be tendered the note in question , saying be had received it trom a stranger . The prosecutor at once detected the counterfeit , and requested the prisoner to wait till he
put on bis coat , and he would go with him to the party . They sought for about two hours for the person from whom the prisoner alleged he had received the nota , but did not succeed in finding bim , and the prisoner was in consequence given into custody . On the 26 th of November , the prisoner was at a public house at Rastrick , in company with a man named John Clegg , to whom he gave a £ 5 note to get changed ; Clegg took tbe note t « the landlady , for which sh « gave him five sovereigns , which were by him transferred to tbe prisoner . The note subsequently went through the hands of several persons , and was ultimately returned to Clegg , who went to the prisoner ' s house , when the father of the latter received the note , and gave Glegg fire sovereigns . The learned Counsel for the prosecution having failed in pro / ing the guilty knowledge * of the prisoner at the time of the transaction , he was aoquitted .
Henry Turner , 31 , was charged with stealing a mare , the property of 3 ohn Maugham . Mr . Walbeb and Mr . Aspwall were for tbe prosecution ; the prisoner was undbfended . Tha prosecutor resides at Thorpe , in the parish of Kimberworth , a short distance from Doncaster , and on tbe afternoon of the 29 th August last , between one and two o ' clock , the mare in question was turned into a field , from which place it was missed on the following morning . On the afternoon of tbe 29 th , tbe prisoner was seen riding on an ass from Doncatter in the
direction of the field out of which tbe mare had been taken , and the next day the ass was found in that neighbourhood . About two o ' clock on the morning of the 30 th the prisoner was seen riding upon a horse resembling the one stolen towards Doncaster . Information of these circumstances were forwarded to the police , and in constquence the prisoner ' s premises were searched and the prosecutor ' s mare was found in tbe stable . Tre prisoner , in defence , said that be bought the mare of a man named Jobn Smith fer six guineas . — Guilty . To be transported for fifteen years .
William Smith , 28 , was charged with having burglaxionsly entered the dwelling-house of Pamuel Hall , -with intent to steal therefrom . Mr . Rai . ne appeared for the prosecution ; and Mr . Oyerend was for the prisoner . The prosecutor resides in Marsh , Soutbowram , and on the night cf the 2 Stb of November , the f-unily retiree ! to rtst about ten o ' olock , at which time the doors and windows were secure . Between three and four o ' clock tbe next morning , the servant was awoke by a loud noisa in the warehouse , over which he sleeps . He raised himself up in bed , and immediately afterwards a man forced his bed-room door , with a candle in bis hand , and said he would shoot him . The servant answered he thought be would not , and the man turned round and went away . Nothing was taken from tbe premises ; and the Jury being of opinion that no felonious intention had been proved , acquitted the prisoner .
John Swaine . 21 , and Benjamin Hartley were charged with breaking into the press shop of Messrs . Hirst and Co ., and stealing therefrom fourteen worsted pieces . Mr . Tiio . MFSON conducted tbe prosecution ; the prisoners weia undefended . The prosecutors are cloth and stuff dyers and finishers at Halifax , and about six o ' clock m the evening of tbe 11 th December last , one of "the firm waa in the press shop , and on leaving the pluce he left all safe ; he returned again between nine and ten , when be fuund the press shop door broken open . About half-p ^ st eleven the same night , the pri-Boner Swaine and another person were seen not far from the warehouse witQ » sack each on tbeit backs , that upon being called to they threw thu sacks upon
the ground , but S waine toek bis up and walked away . He , however , appeared to have again dropped the sack , for upon stacti being made , they were found within a few yards of each other ; these sacks , upon examination , were found to contain the articles named in the indictment , The prisoners were several times seen in company together oa tbe night of the robbery , which caused their apprehension . Guilty . Swaine having been previously convicted of felony at Leeds , was sentenced to fifteen years' transportation . Hartley hart been copTicttd during tbe present asaia- ' » under the name of Mason , for highway robbery near Bradford , and was not sentenced upon the present conviction .
Daniel Barker , 57 , was charged with breaking into tbe dwelling-house of Samuel Norman , with intent to steal therein . Mr . appeared for tbe prosecution ; and Mr . Ovsresd defended the prisoner . The pro * ecator resides at Welbury , and on the morning of the 17 th of January last , about a quarter past two o ' clock , his son was awoke by a noise in the bouse , upon which be got up , and on looking through the window , saw the prisoner in the shep . About an hour afterwards they went to the prisoner ' s bonse , a distance of about three miles , -when they found the prisoner in bed . The only witness examined were tbe prosecutor and bis son , and in their cross-examination it was elicited that some ill feeling had existed between tbe parties respecting an ass , which the son charged tbe prisoner with having stolen from htm . The depositions taken before the committing magistrates differed materially from the evidence now adduced , and the Jnry acquitted the prisoner .
John B > acker , 21 , pleaded guilty to having , on the 21 st February last , at Swintfleet , feloniously stolen 8 iz silver spoons , and five plated spoons , tbe property of Joseph Parkin . To be transported Ten Years . John Slather , 26 , was charged with burglariously entering the dwelling house of Nathan Holmes , and stealing therefrom one hundred yards of woollen doth , one Bilver watch , one pair of black cloth trowers , and other articles ; and also twelve silver tea-spoons , six german silver table-spoons , and two gold broaches , tbe property of Mary Ann Holmes . Mr . PickeriDg and Mr . Thompson were counsel for the prosecution ; the prisoner was undefended .
Tbe prosecutor is a tailor and draper , at Keigbley , and on the 28 th of December he and his wife and daughter went to bed about half-past ten o clock , when the house was examined , and found to be secured in the usual way . The daughter was the first down stairs on tbe following morning , about seven o ' clock , when she discovered that the bouse had bees entered by the kitchen-door , and the articles named in the indictment were missing . Port of the stolen property was subsequently traced to the possession of the prisoner in BoHon , and some of the articles were pawned in Bradford by a woman , at the rtquest of the prisoner . Guilty—To be transported fifteen years .
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NISI PR 1 I 75 COURT , FRIDAY , MaRCH 17 . clough v . James . —( Special Jury . ) ( Before Mr . Baron Parke . J Mr . Wilkins and Mr . H . Hill were Counsel for the Plaintiff ; Mr . Kxowles and Mr . Hall for the Defendant . The following gentlemen were sworn on the Jury : — W . Platt Bradshaw , of Ackworth , Esq . John Ridsdale , of Headifgley , merchant . J . L . Hartley , of Middleton-Tyas , Esq . Robert Ramsay , of Middlesborough , merchant .
Francis Hobson , of Ecclesall Bierlow , merchant . James Stock , of Fisher-Gretn , in Honley , merchant . Joseph Harrison , of Ormsby , merchant . Henry Cholmley , of Bransby-cum-Stearsby , Esq . John Mason , of Ormsby , merchant . Thomas Elty , of St Michael's , New Malton , merchant . Robert John Ellershaw , ) ™ in ,.. _ , - _ Wiilliam Pass , ' } Talesmen . At tbe request of the defendant's Counsel , the witnesses on both aides were ordered out of Court
Mr . H . Hxlx . opened the pleadin-s . In this action Thomas . Clough was the plaintiff , and William James tbe defendant The plaintiff complainB that the defendant assaulted and seized and laid hold of him , and forced the plaintiff to go along divers streets , and imprisoned him in a cell for several hours , and afterwards imprisoned him in a yard till he was released . The defendant pleaded Not Guilty by statute . Mr . WiLitiHS said that if a judgment was to be formed , from the note of preparation oh the other side , of the nature of the fight in which they were about to
engage , Mb opponents were in earnest , for they had adopted a proceeding which was somewhat unusual in cases of this description , that of ordering All tbe witnesses out of Court ; thereby implying thatthe witnesses were unworthy of credit The plaintiff in this case , Mr . Clough , was a man in decent circumstances in tbe borough of Leeds , who was formerly in trade in that town , and whilst so he became pretty well known to the defendant The defendant was Mr . James , who was the Superintendent of tbe Police Force of the Borough of Ltseda . Of course , if bis Learned Friend cuuid uuko Luii uu » W , iu > Uial , i ; would make the
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assault complained of all tbe more serious ; because it conld not redound to tbe credit of any peace-officer ; nor did it say mnch for tbe security , and peace , and tranquillity , and comfort of the people of Leeds . The plaintiff on tha 31 st ol December , in last year , was employed in soliciting orders , he being the agent for the sale of ale and porter , and an article called black beer , of which the people of Leeds were very fond . He bad called at tbe Union Inn , in Ludgate Hill , to solicit orders ; and whilst engaged there in the chit-chat of the dayi a gentleman named James made his appearance ; upon which the plaintiff happened to say to a man named Richardson , "who was sitting with him in the snug , "There is a man who is no friend of mine "; and . being asked who it was , be said it was "Jemmy
Jaraea , alias William James . " The Superintendent at once pronounced this an insult upon him ; it was , as an oracle of the night immortalized by Shakspeare had said , " flat burglary . " He , therefore , walked up to the plaintiff , pat his fist into his face ; and made use of some expressions which be would not repeat He asked him what he bad to say about Jemmy James ; but the plaintiff kept bis temper , and laughed in his face . And be said , making a low bow to atone for his former error , " Mr . James , the next time you approach me , I will thank you to do bo without very nearly knocking down my daughter . " Upon which Mr . James
waxed wrotb , called him a scoundrel , and said he would have him taken up under tbe Borough Police Act , and would fine him £ 5 . Out of doors he went , and in a short time he returned with two police officers , whom be directed to take the plaintiff to the station house , and he told Mr- Ingham , the constable ef tbe night on duty at tbe office as Inspector , not to take bail on any account whatever . The officers obeyed , and the plaintiff was taken away to the prison ; and there he was kept till the afternoon of the next day , when be was discharged . And it was for this violent proceeding that the plaintiff now sought compensation at the hands of the Jury .
I > 3 viiJ Inking—I aiu a mason , and live near Richmond , in tbe North-Riding of this county . I bad occasion to attend the Leeds Borough Sessions last December ; I remember being on the Slat of Ddcember last , in thu Snug at the Union Inn . at Leeds , between halfpast ten and eleven o ' clock . Them . Clough , the plaintiff , bis wife and daughter , and a person of the name » f ; Richardson , were present All the parties were entire f strangers to me . I remember Mr . James , the defendant , ¦ coming into the reotn . On coming into tbe room he < aaid he would not be offended by such a d d rogue , I rascal , and villain . He would have bim taken up te Park-row . He said that to Clough . He said he would
have him locked up till Monday ; and he should have no bail ; and he would fine him five pounds as a rogue and a rascal . When he used those words he had bis fist doubled in Mr . Clougb'a face all the time . James then went out of tbe Snua , and returned in a abort time with two policemen . He told them to take away that man Clough and lock bim up , and be was to have no bail till Monday morning . The policemen took him ; Clough bad done nothing that I saw . I wslb there half an hour before James cauie in , and I neaTd nothing said nor done , except that Richardson asked who that was , and Clough said , " It is Jemmy James , alias William James . " That was before James spoke to Clough in the first instance .
Cross-examined—I was stopping at tbe Union Inn during the sessions . This occurrence was on Saturday night . I drank wine and water . I had had tea in another room before I went into the snug , about ten o ' clock . I was subpeeued by Mr . Nay lor , about tha settlement of my son . I bad seen Clough two or three times before that night , at Mr . Sadler ' s , the Union Inn : and once or twice in the market-place . 1 do not know who Richardson is . James was in tha bar speaking to Mrs . Sadler , when Richardson asked who that was , and Clough gave the answer I have sta ' . ed . He answered so loud that James might bear . Clough did not say " Aye , d—n that Jamas . " I did not hear James say that hu would not bo insulted in tbe execution of bis duty by Cloucb . He said he would not be
insulted by him . I did not hear tbe words " in bta office . " I did not see Clougb take a mouthful of beer and spit it out at James ; he did not , because his wife drank it off . I did not see anything of the kind . I did not see bim spit at James at till . I am sure thit I was w * de awake at the time . I waa sitting at tbe far end of the snug , looking towards the bar . Clougb sat facing tbe fire-place , on my right hand . Re-examined . —I had got my tea in the kitchen . I was in tbe seat under the window In the snag . I did not see James in tho bar . He came into the snug in a passion . It was before be cams in that Clough bad used tbe the words I have said . No spitting or spirting of uls could have taken place without my seeing it . Thomas Richardson—I am a pawnbroker at Leeds .
I have not contributed towards the costs of this action , or to paying the Attorney . 1 do not know that any of the Plaintiff ' s neighbours and friends have contributed towards defraying tbe costs of this action . On tbe last day of tbe year , I was at the Union Inn , at Leeds , t met tbe plaintiff there by accident Whilst I was there Mr . James came into the house . I went about eight , and he came in about bnlf-past ten . Clougb wna J taikin- about tbe lost n gbt of the year , and be said , " A person bos come in who is no frit nd of mine . " The j person of whom he was speaking was in the bar adjoin-1 ing the bdu \ where we were . I asked who the person i was , and be said " Mr . James , alias Jemmy James " J Mr . James attempted to get into the room and Mr . ' Clouph ' s daughter was standtDg in the way , snil he ' cave her a push to cet past . Mr . Clough &aid " I wish 1
you would not push my daughter ; " and he said . I will ; I will , you d—d tbief , liar , and vagn- ' bond . " He was very much excited . Whilst bo was ' making use of this language ho clenched hia fist , and ' held it close to Mr . Ciouyh ' s face . H <; snid he would not be insulted by Mr . Clougb when he waa on , ' bis duty . He said be would have htm fined £ 5 under the Improvement Act . He would have h'Tfi taKon to ' the lock up . Mr . Clough said bo begged pardon if he j had offended bim . He aaid he would have nothing of j the soit ; he would have him taken directly . He went i out , laud in a few moments he returned with two ' policemen . He said to them , ' take Mr . Clougb to ' the lock-up ; and if any person comes to give bait , it is >
not to be tnken at all . " The policemen went on each side of Mr . Clough , and as soon as they touched him he rose spontaneously . Mr . James did not at that time say one word about spirting ale or spitting . He used nothing to wipe bis face . When the police took Mr . ' Clough away they went past the Houso of Recovery . ; Mrs . Clough and I went to Mr . Beaumont ' s , and Mr . j Beaumont and I went to the Court-House together . Mr . Bbaumont offered bail for Mr . Clough fn my pro- ; ' eence He offered to deposit a sum of money as secu- I rity for hiB appearance . He did not tender the ' money , but said he bad it in bis pocket . Bill was ' refused . Tfce Defendant was not there . Mr . Clough w « s sober . '
Cross-examined- —My pawnbroking establishment is in Dyer-street . I have known Clouijh about two ' years ; but did not know him when he kept the j pnbllc-house . I have heard him say thnt he once I kept a public-bouse in Klrkgate . He did not toll me that bis license was taken away for keeping a disorderly houee . Some discussien arose between the Counsel as to the ' propriety of pursuing this line of examination . Mr . Kaowles said he wanted to show ill-will to tho police , and to Mr . James in particular . The proposed course of examination was permitted .
Examination continued—Mr . Clough did not tell me , and I don't know why be lost his license . I know Mr . James very well . He is Superintendent of the Police at Leeds . He bos gone through the different gradations of policeman , seijeant , inspector , and superintendent When'James came into the room , I did not hear him say to the plaintiff , " Clougb . what is the reason that you insult me whenever you see me ? He said something tantamount to saying that he would not be insulted when he was in the execution of his duty . I do not know what James's business was in tbe house that night ; I only beard after that he was inquiring for some than . I did not hear the name of Broughton mentioned at all . I af terwcxdB went with Clough , at hi * request , before the Watch Committee . It was the Friday following or Friday week following ; I won ' t be certain as to the day . Our object in going was to lay tbe conduct of Mr . James before the Committee . Mr . James was there . I think I was in the room when Clough was examined . The Town Clerk , Mr . Eddison , was there . JatueB said that Clough bad insulted him many a time , and he could not pass quietly on the street . He said that Clough had spit in bis face that night . Clougb did say that he had spit in the direction of Mr . James , but not at him . The Watch Committee dismissed the charge .
Cross-examined—The Watch Committee asked if he would waive the legal proceedings that he had commenced if they Would interfere ; and be said "No . " They accordingly refused to interfere in it . I have been a pawnbroker ten or eleven years in tbe aame place . I kuew James about a year or two before be got into the police : he waa a plasterer , and k « pt a oook-abop . I did not know him in any other occupation . William Wilkinson—I » H * a gunmaker at Leeds . I waa at the Union public-honae on this night . I waa in
the bar when } Mr . James came in . Mr . James went into the snug , and was not there above two minutes . When he came out he said to Clongb . " I will put you where I can find you . " He went out and brought in two of the police . He then said , Take this man to the lock-up , and tell Ingham that I allow no bail whoever comes . " Tbe poUcamen took Claugh away ; he was sober . Mr . James gave no charge to the policemen , and did not say why he took him away . I I heard nothing said about any spitting till two or three I weeks after . I did not see James use his pocket handkerchief . Cross-examined— I saw Jaines flpeafc to the landlady wben be went in , but I did not bear the nanw of Broughton mentioned . John Swift—I am ft dyer at Leeds . I was at the Union Inn on the last day of last year , about half-past ten I remember James , the superintendent of the I watch , - coming into the bar and speaking to Mrs . , Sadler . James went into the snug , and came out , and went out and brought in two policemen , and he gave Mr . Clongh to charge to the ^ oUcemen , to take him to the gaol , and to tell Ingham that no bail was to be taken . I heard no complaint from Mr . James about spirting or sp itting . I did hot see him wipe his face . He did not tell the policemer what they were to take the man away for . He seemed to be rather in a pasaion .
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Cross-examined—I did not hear any name mentioned when James was speaking to Mrs . Sadler . I had never seen Mr . CIoaRb before that night . George Beaumont—1 am a tailor and draper at Leeds . I have known Clough , the plaintiff , better than three years- In c onsequence of a communication to me on the night of tbe 31 st December last , I went to tbe lockup-bouse in Park Row . I offered to become bail for Mr . Clough . I effared a sum of money . Cross-examined—When I first knew Mr . Clongh be was living at tbe Grove Iun ; I believe his landlord was Mr . Singleton ; bat will not be positive . I don't know that he lost his license . I can't Bay whether or
not be was obliged to leave . I have heard him say that the police tormented him , by going into bis house when be bad company , and annoying bis company . -1 suppose the police went to see what " sort of company he bad . I don't know that since be left the bouse Clough has been brought before the magistrates for insulting the police . I have hoard say that he was fined once . He was guing on the ] street on Sunday night , and tbe police were doing something at a boy . He said it was a shame he should do so , and the policeman threatened to tukehim , and be ( said he would go along with him . I don't positively know that he was fined . I was not with him before thejmagiBtrates .
Thomas Wear©—I am a wood turner at Leeds . On the night of the last day of the year , I was taken into custody for assaulting a person in the street . When I was taken to tbe police office , Mrs . Clough and Mr . Beaumont were ] there . I heard them offrsr bail , it was refusad ; I was put down stairs into the prison . Mr . Clough was there , and a man named Brougbton . That was about half-past eleven . We all three staid in that place till tbe morning . They did not , furnish us with a bed ; we had ; nothing to He upon but tbe forms . About nine o'clock in tbe morning , we were turned out tnto the yard . There were fifteen or sixteen persons ; some of them were ! under sentence of transportation . I think there were not any respectable people there . Mr . Clougb was kept till between one and two o ' clock on Sunday . ¦ Cross-examined—I bid not bear what passed before tbe magistrates . :
Mr . Knowles then addressed On ; Jury for the defendant , and said that be sh ^ . uW show them that the plaintiff spit at Mr . James , that his mouth was full of liquor , and that he spirted it at him . He should also show that when he ! was before the magistrate he was charged with spitting at tbe defendant , and in bis o * n defence Clough eaidjhe did spit in the direction of Mr . James , but not at him . At this time Clough apologised for the offence he bad given , and pioniised never to repeat it . The defendant withdrew tbe charge in consequence of that apology . Therefore , if the Jury believed that what [ took place before the magistrate was intendeed to put an end to the whole affair , then the defendant on that ground was entitled to their verdict . He also noticed tbe fact , that the Watch Committee of the Leeds Council had dismissed tbe case on a charge being niade by Mr . Clough .
Christopher Harland—I live at Leeds , I was at Mr . Sadler ' s public-bouse on the last day of last year . I had bten up stairs , and was coming down when I heard a row between Mr . Clough and Mr . James . I heard Mr . Ciough call Mr . James a bully and an 4 a bawdy house keeper : and Mr . James said he was upon bis business ; and if tic insulted bim in that manner be would tike him to the lock-up . I beard him say that he would not ullow ! bim no boil whatever . I beard James talking to Mrs . Sadler , but I did not hear what he said . He was inquiring for some person or other . I beard Mr . James say tbafc Mr . Clougb bad spit in his face-, l > ut I never , saw any aucb thing . He said that whun they were taking C < ough away to the lock-up . \
Cross-examined—Mr . James did not seem much out of temper . I was a *> ked to become a witness on Sunday week . I bad spoken to one of the police about it ; and Mrs . James sent for me to go see Mr . North , a clerk to Mr . Eddisoq . I am a joiner : 1 have been separated from my wife jtfeese five years ; I saw her this afternoon . I have served as a javelin-man ( witness produced his recommendation . ) Tbe Judge—Hu has got his commission as a javelinman—( Laughter . ) \ Joseph Robert Atkinson , E .-q . was railed and examined on tbe voirdire . He said that he occupied rateable property in Lee > ia , bat be did not know that tbe expenses of defending this action were to be paid oat ; of tbe Borough Fund . \ The Judge said that the objection to tbe witness on account of his being a ratepayer was cured by a recent act .
The witness was then sworn and examined . —I am a magistrate of the Borough of Leeds . I remember on Sunday , the 1 st day of the present year , Mr . James bringing a person of tbe name of Clough before nifc . I happened to be at thu Court House on that day . James made a charge against hint . What he said was not taken down in writing . He charged Mr . Ciough with having , under the atoitement of liquor , used violent language ami spit at him ; which he called a& assault James did not say -what he was doing when Clongh did this , dough said he was not spirting at bim , but
spitting towards him , and he did not intend to spit at him Ho said he waa spitting at a man of the name of Kiehurdsoa , I think . I am cloarupoa it James replied that he could not be spitting at any one else but him , and that from tLe language he used he intended to insult him Clougb . said he waa very sorry , aud he hoped Mr . James would overlook it ; that it should not occur again . James replied " i ouly want him to conduct himself quietly towards mo . " Clongh promised that he would do so in future ; and then James said he would not press tbe case any further , and it was dismissed .
Cross-examined—I understood Clough to say that he would not , do so in future . I don ' t think he said that he waa \ ery sorry that Mr . J . aues took it as an vffence , and he wuul 1 not do it again . He said be waa not spitting at , but towards him . Mr . Edward Read 4-I am theChi ^ f Constable of Leeds Mr . Jmnes is the Superintendent , and r . « xt in rank to me . We are appointed by the Watch Committee under the Municipal Act I remember on tbe 31 st of December last , giving James a warrant to execute against a man named Broughton . The warrant produced is the same . ; ' The warrant wasiread . It ** - as signed by Richard Bramley . Esq .. and was to apprehend Thomas Bioughton for breaking windows . ;
Cross-examined—I was present at tbe hearing of J anna ' s complaint against Clough . The expression that \ Clough used when James said be had been spitting at him , was , aa nearly as I can recollect , that he would ¦ take care it should not occur again . { Mr E Iwin Eiidison—I am the Town Cleik ef Leeds . ! I occasionally attend ) the meeting of the Watch Committee . I was there ion the 6 th of January , and recol- ; Ject seeing Clough there . Clough charged James with [ having brought him to prison without sufficient cause , and refusing to take ] bail . Mr . James said that he had ; assulted him in the execution of bis duty and spit at | bim . Clough said he did not spit at him , but he spit I towards him or in [ that direction , I won't ba cer- > tain as to tbe words- He eaid he was spitting , to wards a man named Ricbarlson . The charge was [ dismissed . A . 8 Town-Clfetk , I know that James wis ap- j pointed Superintendent un- 'er the Municipal Act . '
Cross-examined—I told the Watch Committee that : if they were to enter into the charge they must have a \ distinct understanding from Clough that be would pro- \ ceed uo farther in the proceedings he had commenced before they gave the ' ir decision . He refused . ! Mr . Wilkins saui that he had once read a passage ' in an old play— "fimrish of trumpets ; enter Tom ¦ ' Thumb "—and he really thought that this waa applicable to the conduct of bis Learned Friend , when he had talked of the irreproachable aud spotless conduct of his . clients , tbe man who bad gained the applause and , esteem of ths public , far and wide . He had no doubt that Mr . James had been a very vigilant , active , matn- , torioQs , and in some respects a very useful em ; er ; and ; ha was not » t all surprised that his Learned Friend should vaunt his proceedings in tbe Borough of Leeds ; but he had shewn that thia Defendant , with all his knowledge aud experience , hsvd acted in a manner which would be a disgrace to the lowest police-officer id Leeds . On the other hand his Learned Friend had asked them to believe that Mr . James had been made tbe object of one of the most outrageous attacks that ever ' was witnessed , and that had rendered his conduct : venial : \ but it would bb for the Jury to ju <* ge upon tbe facts of the case as they had ( been laid before them ; and after having done so he I had no doubt that their verdict would be in favour of his client , the plaintiff If Mr . [ James had been acquainted with the provisions of the \ New Leeds Improvament Act , he would have known | that under tho 330 th section of that Act be had his ! remedy against the plaintiff by summons , when be mght have been fined to the extent of £ 40 . But his friend had said that shaking his fist was an assault ' Why then Mr . JameB , had committed an assault , ] because it was proved that he bad not only used the words which he wcn d not repeat , but had beld up his clenched fist to Mr . CJougb . He contended that none of the witnesses for the defence had contradicted , those which he had called for the plaintiff .
j Mr . Baron Parke summed up the case . He said there was no doubt that the plaintiff was takes away \ by the order of the defendant , in custody of two police-; men , and imprisoned in the lock-up through the whole of the night and partjof the next day ; and therefore be I was entitled to such a fair compensation as they should 1 think fit for tha loaa of his liberty , unless tbey should 1 be of opiniou that a satisfactory defence was , made out . Every constable at common law , as well aa under this act of Parliament , was perfectly justified m taking up and earring before a j magistrate any pesson whom h& ' sees committing a breach of the peace ; and if he was \ tbe person against whom tbe assault v » a committed , he
| might take the party into custody himself , because in that case a constable waa the same as a third person . The first question that be should ask them co decide was whether there had been an assault committed before the apprehension of the plaintiff ; and upon that question he might observe that if they Were satisfied that there had been a spitting against the plaintiff "that would amount to a breach of the peace . The second question would be whether the defendant believed at the time he was aching under the authority t > t the Municipal Acij bec&u&a , if B 0 | he was entitled to certain notice of faction , which would afford time to make accord and satisfaction before tbe action comj menced . \ ; The Jury retired abont three quarters o ! an hour , and I on their return said , ' in answer to tha first question , I that they found for tbe plaintiff .
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With respect to the second question , more difficulty arose , and the Judge explained it at considerable length ; bat still the Jury did not seem to comprehend its real bearing . After some consultation , the . Foreman said—We believe that he was acting under excited feelingc ; and in the belief that b « would be supported , and have the man fined ; bat we are unable to say under what act The Judge—I am afraid you must say . There are so many points in this case that I don't wonder at your difficulty . ' The Juryman said , after a pause , we believe that be was acting under the impulse of excitement , and viadictively . . The Judge read over tbe evidence on that point Tbe Jury , after a further consultation , said—We believe that he acted with great impropriety , bat that he considered that he was acting under tbe authority of the Municipal Act .
Then tbe Plaintiff mast be Non-suited , as he has not given the notice of action required by that act The Plaintiff was Non-suited accordingly .
Mondat Mauch 20 . ( Before Mr . Baron Parke . ) Felix Booth , 3 b , was charged with having , on tha 15 ' . h of December last , at Hull , feloniously written and sent a certain letter to Sir Felix Booth , Bart , threatening to accuse him of aa infamous crime , with intent to extort money . The Hon . J .. S . Wobtlet , and Mr . WILKINS were for tho prosecution ; and Mr . Bliss defended tbe prisoner . Mr . Wortlet stated the case , observing that it waa one of a most serious and painful nature ; serious in its character , and painful from the connexion between the prisoner and the prosecutor . Tbe case which he had to bring before tbe jury , was that the prisoner h » uf
addressed to Sir-Felix Buoth , bis relation , a letter in which he charges and accuses Sir Felix Booth Of the most filthy , and' tbe most abominable crime which was known to tbe English law , and that he addressed that letter and used that threat and that accusation for the purpose of extorting from Sir Felix Booth , money for his own purposes . By an act passed in the 7 th and 8 th of George IV ., that offence was made a felony , and if a party be convicted of it he must undergo the puniahmeiit which all would feel was well deserved and most due for such an offence . The prosecutor was a gentle * man whose name might be well known to some of the jury ; he was a gentleman advanced in life , who up to this time had lived respected and honoured by all who have known him . He bad served the office of Sheriff
of London in 1838-9 , by the election of his fellow citizens ; has ranked in high society , and has been honoured by persons ol high distinction , and has won for himself a name aa a distinguished friend of science , having been in ( act the individual who furnished the monies for the expedition to the North Pole , which resulted in the discoveries of Capt Ross , and to the giving of his name to newly discovered land . Sir Felix is also a distiller , being one of those persons wh » have raised themselves to high stations in society by their own exertions . Be bad & distillery in London , and one in Scotland . He also bad . a large brewing concern in London . The prisoner was a relation of Sir Felix Booth—he believed a cousin . His father kept a grocer ' s shop at Caistor , in Lincolnshire , and at
the time of the prisoner ' s birth , application was made to Sir Felix to honour the father by becoming tbe prisoner ' s god-father . In an unhappy moment Sir Felix consented to do that , and accordingly the prisoner at the bar was named after him . For some- reason or other the prisoner was living away from home , and not under biu father ' s roof . He bad contracted a marriage , ho knew not and cared not in what class of life . In the year 1835 he applied to Sir Felix Booth to give bim some employment , representing himself at the time to be in a state of abject distress . He was in the metropolitan police , and expressed great anxiety to leave it and get some employment from Sir Felix . After some time Sir Felix consented to give him employment in one of the distilleries with which he was
connected ; and a partner of Sir Felix , Mr . Grimble , undertook to give the prisoner employment , and to let him have such wages and such allowances as he ( Mr . Grimble ) thought proper . According to the instructions given to luni by Si * Felix , Mr . Grimble provided for tho prisoner , gave him employment , and found lodgings and accommodation for him and his wife . He was provided for a length of time , but afterwards the prisoner ' s conduct had become so bad , being addicted to intemperance , that he was discharged . Subsequently the prisoner again threw himself on the mercy of Sir Felix Booth , and . entreated him to give him another trial , and to put him in a situation where the temptation would not be so great as at the distillery . Accordingly , Sir Felix Booth did consent to place him in a
farm house which be . bad purchased , at a place called Catwoith , in Huntingdonshire . A person named Sadler had tbe management of this farm , and there was a bouse there at which Sir F . Booth occasionally resided , when be bad occasion to be in that part of the country . Tbe arrangement as to the prisoner ' s going to this farm was this—that be should live rent free , have board and lodgings , and the profits of the poultry , amounting to between £ id and £ 50 a year . The only thing be was to do for this was to write a statement weekly of tbe work done upon the farm . He and bis wifrt lived on the farm from 1835 up to the spring of 1830 , and during that time he , from tim « i to time , wrote letters expressing the deepest gratitude to Sb ? Felix for his kindness . In tbe early part of the
year 1839 , tbe prisoner bad got into some disputes with the neighbouring farmers , and others at Catworth , which led to some " correspondence between them and Sir Felix Baoth , in the course of which Sir Felix found great fault with the prisoner , and the result was that tbe prisoner and -bis family bad to leave CutWOTth . Afterwards letters passed to Sir Felix from the pri-Boiier , who entreated Sir Felix to give him something else to do , and in these letters there was not thi slightest insinuation of tbe crime to which he ( the Learned Counsel ) should have to call their attention . The prison « r went up to London and applied personally to Sir Felix for some employment , and Sir Felix actually advanced to him somewhere between £ 200 and £ 300 for the purpose of purchasing for him a stock of groceries , with which bi set him up in a shop in Chorlton-street , SomersTown . He went to that shop .
and shortly after applied to Sir Falix Booth for a further advance . Sir Felix then refused to give him further assistarce unless he would make « ut for bim a statement of his accounts to show that he had been acting properly . The prisoner then made ont a statement of aecounts , and after a perusal of that statement , Sii Felix advanced him . £ 105 . The prisoner carried on business , and . applications were made from time to time of the most pressing character for further pecuniary assistance . Bat still bo hint was given - by the prisoner of the accusation which he afterwards made against Sir Felix . On May 15 th , in tbe ensuing year , the first letter arrived which had the smallest allusion to that topic , and that was after tbe application for pecuniary assistance had been made by the prisoner to Sir Felix Booth . But even in that letter , although it contained some dark insinuations against Sir Felix , it was not until later that the letter arrived on Which this
prosecution waa founded . This letter was received on the 23 rd of December last , at the house of Sir Felix 'Booth in London .- Before he read that letter , he would tell the jury that th « y would find in that letter mention of a person ef the name of Marr . Sir Felix was extensively engaged in business , and this young man I Man ) was a person whom he employed as a confidential clerk . That young man had very early in life left his parents , who . resided at Edinburgh . He bad run away from home , and bad enlisted in " The Yorkshire Greys . " Sir Felix Booth had a very high respect for the mother of Marr , and paid for his discharge out of the regiment , and employed him in the capacity to which he had referred . That fact was known by the prisoner , and it uo doubt was the fact of Sir Felix Booth / a kindness to this young man , of whom the
prisoner had entertained a strong feeling of dislike , which had suggested the infamous accusation which he afterwards made against Sir Felix . On the 23 .-d of Da < j ., Sir Felix Booth received a letter dated " Hull , 15 th Djcember # i 1842 " This letter charged that Sir Felix Booth had been guilty of an unnatural crime with the young man , Marr , and pressing for payment for alleged services of the prisoner and hia wife at the farm . The letter also stated that the prissner had written to the Commissioners of Police , tbe Secretary of State , Sir R . Peel , and other influential persons upon the subject , and that he would continue to do so until one or the other was taken up . The letter dealt in accusations which w ^ re entirely groundless , and upon the mere incentives of his own bad passions . The prisoner had admitted in former letters that he had no claim for wages or services upon Sir Felix .
Sir Felix Booth was examined at great length hi support of the opening of the learned Counsel . In his cross-examination he stated that the prisoner had shown him a book , which the prisoner said would expose Sir Felix , and which , he said he would publish , unless he ( Sir Felix ) parchaaed it . and than it would ba destroyed . In his re-examination he stated that he had reason , to believe the young man , Marr , was hia own son . G&her witnesses were called in support of the prosscu * tioa , and the prisoner waa found Guilty—Sratenoa dalerred . . The Court tfien broke up .
Untitled Article
Melrose -Fatal AcciDENT .-OnSatarday se * nnigbfc the miller of Nowtown Mill , near Melrose , having observed the Bupply of water in tbe dam ; suddenly diminish , went to a large and unclosed pond , situate by the road side , where the Bluioe is placed , to ascertain the cause . For this purpose he thrust in a dung-fork whea to hia astonishment and horror , he drew up the body of a ljttle girl , the daughter of a person named Jane Mein , who resides in the village . Another girl , the daughter of Adam Thompson , labourer , beiug missing , die mother , on hearing of the occurrence , came to the spot and expressed her apprehension that her child had shared the same fate . Unfortunately her fears were too well founded , for the next moment the lifeless body of her offsrpring was dragged to the side . The two little girls , who were inseparable companions , had , while playing together , fallen unobserved into the pond , which is of considerable depth , aud wer < 3 drowned . —CakiU * donian Mercury ,
Untitled Article
fi THE NORTHERN STAR . .
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Citation
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Northern Star (1837-1852), March 25, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1205/page/6/
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