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

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      TOR ^ ffi ^^ Nt ASSIZES . : , _ . _ ^ ,: * -y . ; m - '~ - : CROWN COURT , Satubdat , Makch 10 . ., ( Bcfarf : Tfuanas StarJde * Q . C . ) Jok * iibore , 34 , ins charged with , a burglary ^ at H&s-orth , and wii& having _ stolen from the dwelling Itoose of William Fearaside , & gun , a- watch , &c . This-prisoner gare evidence in me case ofShackleion , fldmes and Bottomlej . He pleaded Guilty . BUR 6 LAST AT 8 OUTHOWRAM . V ESa ifiScAoB , 50 , one of the prisoners who broke < vat of the Castle , was charged -with having in the raght between the 17 th and 18 th of July last , broken iato fiie dwelling-house and shop of Win , Bentley and stolen * therefrom , a quantity of cheeky linen , cotton , tea , tapes , and other articles . MrVWjsirex was forthe prosecution . fie was takes , by a watchman with part of the stolen property in Ids possession . The J-ory found Hm&ultj .

      STABBING AT SHEFFIELD . John Chaiitsvorth , 32 , was charged ' wlthhaving on Jfce 21 e * of July last , at Sheffield , stabbed his * ife , with intent to do her seme grievous , bodily Itann . SiryGKEGORr Lewis and Mr . Ovebesd were lor the prosecntion . The prisoner was undefended . Mary Charlesworth—I am the wife of the prisoner . 1 remember the 20 th July last Whenhecame home ¦ m thenjghtlwiis in bed . He said he had taken anothernouse , and I was displeased with him ; we quarrelled over it . He had been drinking all the week- I was in the yard that night , where he gave me a slap . on the head . He went out in the morningand came home again between twelve and one

      , o ' clock in the day . 1 was in James Wilson ' s honse when he came home ; I saw him athis own house , but J would not let him in . I met him at the door ; I found fault with him being drunk and being away all the day : we quarrelled over it ; he wanted to * etin , and 1 would not let him ; we had a scuffling ; I struck him in the face , wien I felt something hurt my . arm ; it was like the scratch ef a pin ; it did'nt bleed ; the . docter put some sticking plaster on it : it was near the elbow of the left arm . I went towards John Dickins ' s house ; my . husband followed me . I got to the door , and -whilst I was

      * here mT husband came up , and he did the same as at nrst , " but in the back ; it bled a little . After I had received this injury , I went home ; some of my neighbours went with , " . They took my husband -away . An hour afterwards , Mr . Carr , the . surgeon came tome , and Mr . Foster also ; " i did not lose jnach blood . I did not keep my bed in consequence . Mr . Carr came once , but Mr . 1 oster oftener . By the Court . —I struck him over the face with a bit of a brick , sir . —( Laughter . ) John Tokens , Joseph Oliver , James Wild , and Mr . John Foster ^ were severally examined and gave * jmTar evidence * ¦ - ¦""""

      . 32 » prisoner in defence said that he had done Jill in Ms--power for his wife and children , hut she was always quarrelling with him and his neighbours He would not have done it if he had been in his risht senses , and hoped that the Jury would confer it as a family amir . The Jury found the prisoner " 2 >» ot Guilty . ; ATTEMPTED litTRDEK .

      George Evans , 19 , was charged with having , on the 21 st of August last , at Rawmarsh , stabbed Benjamin Baynes , with intent to murder him . The bnl against Win . Wilson , charged with tbe prisoner ibr the same offence , / was ignored by the Grand Jury . 3 > Ir . Cottixgbam and Mr . Baixes were for the prosecution , and Mr . Maude for the pr isoner . Benjamin Baynes—I was employed at the ironworks on the Rotherham and Sheffield railway . I -was at a public-house till about twelve o ' clock . Some men went out , and Wm . Brown came back and said somebody was killing William Murpus . I went up to the crowd , when 1 heard some one say .

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

      3 $ attliew SpiUing , ~ vho had been out on bail was -charged with -the manslaughter of Isabella Turner , at Ecclesfield , near Sheffield , on the 5 th of July , 1835 . Mr . Stabkie and the Hon . J . S . WortleY were for the prosecution ; and Mr . DcxDAS and Mr . Baises for the pr isoner . The prisoner is a surgeon of extensive practice at Ecclesneld , and has Been such for a great number of years , and the deceased -seas the wife of a poor man residing at the same place . The present charge "was for hating occaaoned the death of this woman , under-the following circumstances . On the evening in question , about ten o ' clock , the prisoner was sent for to attend -deceased who was then far advanced in pregnancy

      -and who required medical a&flstance . lie did » o , and the witnesses for the prosecution deposed to his appearing to be inliqnor , and in consequence of the incautious and violent measures he adopted , the deceased expired under his treatment He had attended her on four previous occasions . After all the circumstances had been detailed , Mr . D ex das addressed the Jury on the prisoner ' s behalf in his usual strain of eloquence , lie contended that-the prisoner had done , what- in his judgment , he thought it right to do , and called witnesses to prove the perfect respectabBitv of the accused party : —Mrs . Marv

      BrammaH , Mrs . Clark , Mrs . i ^ anny Fouktone , Mrs . Ann Greaves , Mrs . Fanny Whittam , Mrs . Mary Greares , Mrs . Walker . Mrs . Hannah Brown , Mrs . Unwin , Mrs . Stringer , Mrs . Mary South , and John Jeffcock . Esq .. were called , who gave the prisoner an excellent character . The Jury retired , and after xheyhad been absent about an hour and a quarter , returned a verdict of Guilty , but strongly recommended frfm to mercy . The prisoner ' s counsel handed in a certificate of prisoner ' s character to the Judge .

      COCXTISG-HOCSE KOBBERY . Jonathan Parkin , 27 , was charged with having , on the 30 th of December lastat Doncaster , stolen from the countmg-house of Wm . Haywood Morris , ten promissory notes of the ^ value of £ 5 _ eaeh , seven sovereigns , a half sovereign-, a quantity of silver coin , a pock » t ~ book , aid other articles . Mr . BAixEsandMr . WAiKERwere for the prosecution , and Sir Gregory Lehtx-and -Mr . PuxDAS * for the prisoner . / - " The case was not of any public Interest . . The prisoner was convicted and sentenced'to ' fifteenj-ears Transportation . "

      HAIirnCG CATTLE . James Hey , 65 , vras charged with having , on the Tiight of the 20 th of October last , maimed four cows , the property of Thomas Clegg , and five cows , " the property of * Jonathan - Crabtree , of Stansfield . Mr . BAiSEs ' andtheHon . J- S . Woutlet were for the prosecution , and Mr . Cottixghaji was for the prisoner . . Thomas Cleeg . —I am a cow dealer , . and reside at " Stansfield . 1 "know the Hipperholme farm ; prisoner sras farmer there under William Sutcliffe . I remember a sale on the farm in October . I bought

      three fields of grass for winter feed ; I paid the money to the landlord . I afterwards put mv cows into the fields . On the evening of the 20 th October -Tsaw them ; the field was about 200 yards from prisoner ' s house . On tbe next day , aSout eleven o'dock » irem information I received , 1 found four of the cows with three " paps" cut ; I had nine cows in the field . I found gome blood in the field where 1 Ijad left the cows . One of them was a brindled cow ; I ogered no reward ; J onathan Crabtree did ; he had another lot of fields . .- ¦ ' - '_

      Cross-examined .--Crabtree had five cows injured . I know sometimes the prisoner has walked on crutches . I have heard folks say that prisoner is let-handed . ' _ Simeon Dyson . —I am a labourer , and reside near Stansfield . I remember the 20 th of October . I had been in company that evening with John Barker and John Scarr ; I promised to kill them a hare . 1 zoet with a person named WiBianiLord , and I asked irim . to accompany me . 1 parted with him at ten o ' clock ; Ihad a dog and net , used to catch hares , xsith me . I crossed several iields , and came- to

      • where Clegg ' s cows were feeding in the Xew . Meadow . 1 saw James Hey there ; I had known Vm l > y sight ten years or up-srards j he had a crutch -ygfl knife in bis hand . " 1 saw him go towards a -cow ; I was about six or eight yards from him . I sax Jam lay down the stick , and offer to scratch the « ow- iecotitjand the cow " bawled . " The cow was dark brindled , or brown ; I went away to the - « ther fence , to let him do as he liked . , The Jcdge observed to the jury , that he was afraid tiey -would not believe the witness ; they could not convict a man upon guess work . ' Thejurj immediately returned a verdict of « Not

      JtALIClOTJS SHOOTING AT SOUTH > EWBAiD . David Jarison , 30 , was charged , with having , on the / th Dec last , at SouthSewbald , shot at : and tpoonded Ma iasher , Wm . Jewison , -with a piafoL Mr . Stabdx and Mr . Archibald wer&forflifi ^ prose « atma , and Mr . Baises andMr . BAixlor the prisoner : Wm . Jewison —^ The prisoner is my « au . On the at

      afftk Dec . 1 . i ^ member being tea . with myjpfe \ . i or the ^ Hisoner ; he came in , and my wife said , "iwO ^ IWSfd , at down and have some with us . " He ¦ Mate bo reolyj butTrent to the table , lifted his hand * aad « aW » fti gwe yoo that , you d—— -d oldTascalT Ttel « dI ^ QtfeH > Dghmy haiidkercbiefand windpipe J ft wss . " foond- between my handkerchief and throat When J recoxertd myself I saw prisoner ecuffllng mfk XDJ * &e * I was !)!• » dy . I seized him ,, ana

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      said , " you rascal , you ' ve shot me , are yon going to shoot my wife . " Cross-exaQuned—About four or five years ago , prisoner was thrown offhis horse on to his head , and he was taken to Market Weighton , wherehe remained in an insensible state some Says , and required anedical attendance for some mdfiflis . When-prisober did this he was separated from hw wife and children ; he slept at my house . He was much pot about respecting his future prospects ; liquor would aifect him much . Different times daring the week he was in a state of great excitement ^ ; . Mrs . Alice Jewison-r-I am the wife of last witness , but not the mother of the prisoner . I was present when the prisoner fired the pistol . When prisoner gets a Kttle liquor it affects his" mind , occasioned by the hurt in his head , and he has no government of

      himself . - Wm . Windas («—I live at Sqnth Newbald . I remember seeing prisoner between four and five o'clock on the 7 th ofDecember walking up the street . He asked me how I was ; I said " very well . " We walked together ; I said " don ' t call your father and get on as you have of late , I ' m going to your brother ' s , go along with me . " He turned up to his father ' s gate . I heard a great " smack" and heard Mrs . Jewison scream . Sbe ' said "for God's sake take care of David , he ' s shot his father . " I saw the prisoner ; nothing passed between us : I catched hold of him and took him away . He was drunk ; he was very much in liquor as we walked up . I got some person to take charge of him , and I went for the ' constable . Thomas Christy Duke—T am the constable of South Newbald , and I apprehended the prisoner on

      the 7 th of December . I found in his pockets abrace of pistols , and some powder and shot . He held out his nand to shake hands with me . He told me he had bought the p istols at York before he went to America . He said he had bonght them for himself , andhadafew days before put one of them to his heart , but something appeared to say to him , God wouldn ' t give him flesh , and his hand fell . Mr . Jefferson ^ -Cross-examined by Afr . Baixes—I am a surgeon residing at Market-Wei g hton . I remember prisoner falling from his horse in the summer of 1834 ; he sustained a very severe injnry . Prisoner continued at Market-Weighton about a week ; he had sustained concussion on the brain ; he was teu or twelve days insensible . I considered his state very critical . I should consider , after such an accident , when in a state of excitement , he would not have sufficient command of himself .

      Mr . Williamson—Isaw the prisoner on the night before this occurrence ; he seemed to be much excited ; he attempted to cut bis own throat with a carving knife , but 2 took it from him . ' The Jury immediately found the prisoner " Not Guilty , ' on the gronnd of insanity . The Grand Jury found true bills against Joseph Jeffgaie , for murder , Robert Lowther , do . ; Anthony Puiishon , for maliciously stabbing ; Wm . Gravenor and George Cooper , for forgery ; William Brooks , Joseph Greensmith , Joseph Swaine , Joseph Tillotson . and William Wheater , for rioting ; and George

      Evans , for cutting and stabbing . They ignored the bills against William Wilson , for stabbing ; and the Rev . William Dent , of Crosby Coate , near Thirsk , for aii indecent assault on a female . They also found true bills against James Wheater , for forgerv ; ¦ William Smith , Tor ditto ; John Dixon , John Hill , and John Storr , for stealing from a ship ; and against a few others , for different offences ; including Wm . Fowler , for manslaughter . The bills against Thus . Bottomley , for manslaughter , and — Gibson , for horse-stealing , were ignored . The Grand Jury -were- discharged , -with the thanks of the Court for their attendance .

      MANSLAVGHTER AT MlDDLESBOROt'GH . JJllliam Foicler , 24 ,. was charged-with the manslaughter of Cuthbert Hutchinson , at Middlesborough , on the 19 tli of August last ; he was also charged on the coroner ' s inquest with the wilful murder of Cuthbert Hutchinson . He . pleaded not Guilty to both charges , and the trial for manslaughter was proceeded in . Messrs . Addisox and Temple vrere for the prosecution ; the prisoner was defended by Mr . D ex das . It appeared from the examination of a great number of witnesses , that the deceased , vrho-was a shipwright , at Middlesborougb , near Stocktonupon-Teesy along with two men named Macbeth and Walton , were at a beer-house atMiddlesboro ' ,

      at eight o ' clock in the evening of the 39 th August last , when the prisoner came in , said he had been fighting a man , placing himself in a fighting attitude , and began to show the company what he would have done to the man if he had not been drnnk , and while doing so , inadvertently struck a man named Wilkins ; he soon after went out . About eleven o'clock the deceased and his party also left , and met with the prisoner and two other sailors in Commercial-street ; some angry words took place , one of the deceased ' s party offered to fight the prisoner , and str ipped off his coat forathat purpose .

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

      MONDAY , March 12 . Mr . Justice Coleridge being indisposed , the presiding Judge this morning was Mr . Sergeaut Atchebley .

      MANSLAUGHTER AT HALIFAX . Peter Harrington , 21 , was charged with having , on the 25 th of December last , feloniously killed John Ingham , at Halifax . Mr . Baixes conducted the prosecution , and Sir G . Lewix defended the pr isoner . The following evidence was called—Samuel Hilton , a shoemaker at Halifax , suited that he had known the deceased for many years . He was about 67 years of age . He also knew the prisoner , who resided at Halifax , and was-a bricklayer ' s labourer . On the night of Christmas-day last , he saw the deceased at the bottom of Chapel Fold , at about ten minutes before ten o'clock . He saw the prisoner come up from the yard , and strike die old man as he passed him on the breast . He lifted deceased up , and blood issued from his mouth . The prisoner then ran up the street . He kept hold of deceased until a man , named Simpson , took him home .

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

      Mr . John Lister , surgeon , at Halifax , stated that on the 26 th ofDecember , about noon , he was called in to see the deceased , whom he found in bed at his lodgings . He examined Mm , and found that he was labouring under a concussion of the brain , but there was no external wounds He considered the case hopeless . On the 1 st of January his patient died ; on the post mortem examination , he found considerable effusion of blood on the brain , and a fracture on the back side of the head . The fall might have produced death .

      Sir G . Lewis , in his address to the Jury , contended that the death was occasioned by mere accident , which might have arisen to any other person under similar circumstances . The Learned Counsel then called the following evidencer—John Kelly lodged with the prisoner at the house of Air . Edward Collins , at Halifax . On the night in question , he went with Edward Collins , junior , and the prisoner in search of some persons , whom they overtook nearjthe Talbot Inn . A quarrel ensued , and a man named Jackson struck at Collins .

      Prisonerin terfered , and Jackson then ran away—the prisoner followed him , and Jackson stumbled against the deceased , who had his hands in his pocket , and knocked him down . Neither of them struck the deceased . He had known the prisoner five months , and considered him a quiet and peaceable man ; The deceased was at the corner of the street when the accident occurred . The Jury immediatel y acquitted the prisoner ; and the Judge , in ordering him to be discharged , cautioned him not to run so fast again during the nighttime .

      TOACHIXG AT 0 AKIN 8 HAW . Benjamin Swaine , 30 , fFffliam Brotcn , 32 , and Echeard Bennett , 33 , were charged with having on the 3 r& . of January last , shot at Joseph Taylor , of Oakinshaw , with intent to injure him , or do some grievous bodily harm . Mr . Ksowi . es and Mr . Ixqhasj were for the prosecutor ; Brown and Ben » ettwere defended by Mr . D . Dusdas , and the prisoner Swaine was undefended . Jacob Mitchell is gamekeeper « f ihe Manor of Hnnsworth . On the morning in question , about hatt-part two o ' clock , he went with Edward Taylor .

      William Bateman , and the deceased , Chats Wood-End , where they met with . three watchers , John South , Benjamin Walker , "' and' James Boothroyd . While in Cliflfe HolKn '^ -lane , which is sear Chats Wood , he saw Edward Taylor , who was a .: little in advance of them , fall sideways , a » if he was knocked down .. He looked , up the wood and saw a dozen men a few yards from . them . The $ igl 4 wa * jjome wh ft dark , out the fonndrieB reflected *> me light Two ofthe party of poachers had guns , and the rest had large bludgeons . When they came up to them , he sair Benjamin Swaine—one- otihem said , •** d— n you come up—we ' re ready for you to-night . " Pre-

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      vious to this , EdwariTaylor ; had aaia to the poachers " come up lads . " He theuMtanpted toget over the wall to the place wh , ere . they : were » when orie ^ of the partythrew a stone at him , which knocked ium down . Thej then . pelted the ^ party with dross from the foundry ' . He saw Swaine tbrow stones at ihe » from the wall . He again attempted togetoyer , the wall , when SwaineNraTabout three yaid * from himrthe prisoner said to his parry , * ' d—n you shoot them j give me a gun , and I'll shoot . " "When Swaine said this , two guns were presented at them , witness said to them ^ don ' t shoot—don't let it be mentioned . at all . " The watchers again pelted the poachers with dross . Brown then caine to the wall , but he did not see Bennett , Swaine said several

      times" come up with the guns—if yon don't shoot , give me one , andJ . wilL" Wipaega again went to th& wnu'i when one of them said— " ^ ow hiia back . " He then eawaman on his knees withagfon on hw shoulder , on which he dropped under the wa ^ , which was about eight feet Txighi Witness adnsed , m * party to go down the lane , or he said they would be sho 4 which they refused to do at first : butultimately The poachers then came into the lane and pursued the watchers , when both parties ran as fasf a » they could . When they had ran about eighty y * fdsr witoess said to his men , " stand ; " they , baveveri ran about twenty yards further ^ whe n he saw a blaze from a gun , and the deceased fell against the

      cottage . Edward Taylor stumbled at the same time ; and witness thought he saw Swaine strike him with a stick . He saw the person who fired the gun ; and immediately afterwards the poachers ran away—they-had dogs with them . By a Juryman . — - \ Vitness did notknow the person who ' fired thegun . . Cross-examined . —Taylor was hit on the left hip , while he was taming towards the poachers . VVitness is in the employment of Mr . Charley Carr , of Gomersall ; but he believes the game is given to him by the Lord of the Manor . By Swaine—I did not see you with a gun . ; '¦ ¦> Joseph Taylor , a labourer , at North Bierley , one of the watchers , corroborated the above testimony ,

      clearly speaking to the identity of the prisoners . Edward Taylor spoke to having been knocked down l »\ a i « fconc , -whicH was thrown from the wood '; and James Boothroyd identified Swaiue-and Brown as amongst the poachers . Isaac Hodgson , constable , of NQrth Bierley , took Brown into custody on the 5 th of Januarj ' ; He told him that the charge . against himwas ^ fornigntpoachiug and shooting , a man at Hunsworth . Prisoner asked { i when ? to which he replied ; onthe 3 rd of Januarj ' . He said he had not been at his work since Christmas , but he should like to have to go on with it to-morrow . AVitness told him thac he would hare to ko with him . He apprehended Bennett at Great

      Horton , on the 2 nd of February , Who asked the chaTge against him . He replied , night poaching at Hunsworth , on the 3 rd of January , where a man had been shot . Bennett said that he had a child poorly that night , and he was not from home ; but sitting up vrith his wife and wife's lister . On bringing Swaine to York , when they were near Tadcaster , the p risoner said he would send foreight or ten more to "i ork Castle , as he wouldnotsuffer for other people ; , he would send for them to bear a part of ij . themselves . " . ; .. ' . - . _ - Cross-examined . —Brown was discharged on the 5 th of January , and he again gave himself up three days afterwards . '

      M ^ r . Hird , the committing magistrate , stated that John Oldroyd was called by tlirprisouer Brown , who admitted that what he said was true . The deposition was read—John Oldroyd , of Shelf , deposed that on tLe evening of the 2 nd of January , between five and six o ' clock , he was with the prisoner at home ; he wiis absent ten minutes at supper : and y dtuess tlieu assisted him with some wool until two o ' clock iu the morning , which was carried to Mr . Fogter ' s . nextday . : . vi Mr . Robert Hudson was th ' en called in contradiction , to which Mr . Duxdas olyected , and the learned Serjeant , after consulting with Mr . Justice Pattesox , overruled the objection . Mr . Hudson then stated that the . w . ool was brought to Mr . Foster's warehouse on the ( ith of Januarj-, and not on the 3 rd .

      Mr . Dundas contended that the evidence was not sufficient to convict Brovrn and Bennett , and that , therefore , they were entitled to the benefit of any reasonable doubt the jury might entertain . The jury , after a short consultation , found Swaine and Brown Guilty , and Bennett Not Guilty . Sentence deferred .

      CASE OF STABBING AT BHAnFOJin . Anthony Penisiron , 31 , was charged with having , on tbe 10 th of January , at Bradford , maliciously stabbed and wounded Williani Wormuld , with intent to do him some grievous bodily harm . Mr . Ashjioke conducted the prosecution , and'Mr . Grander defended the prisoner . William AVormald , a wool-comber , at Bradford , remembers the 30 th of January . At ton o'clock that night he was in company with a man named Cliff ; they went to the Neptune Inn , at Goodman's End , and while goiug there , they saw a-crowd , and ' went " to the other side of the causeway , where tbje prisoner lives . They saw the prisoner on his cellar steps , and without saying nnytuing , he attempted to strike the witness . He lifted up his arm to ward oft the blow . Prisoner then went down the cellar « teps , and brought up a cahing fork , . which-he' stuck into

      the thigh of witness . He was carried home by Cliff , and confined to his house a week in consequence . Prisbner appeared to be verj- drunk . Cross-examined . —He had had some drink , having been at Moyser ' s beer house , /\ vhere he was turned out at ten o ' clock . He did not kick the prisoner before he went for the fork .. Prisoner is a watchmaker , living with his father , aud carrying on business as a watcumaker . George Cliff , a woolcomber , saw thepri . sonerstriKe Wormald , which he fenced off with , his hand . Prisoner then ran down the cellar steps , obtained a fork , which he forced between the rails , and stubbed Wormald in the thigh . He did not see Wormald knock the pr isoner ' s hat off , or kick : him . When he had stabbed the prosecutor , the prisoner said , I ' ve stabbed him with a fork , and 1 liave akuife , and I'll stab you , you long b—^ -rr . " Cross-examined . —When we went to prisoner , he

      was swearing aud talking agaiust the teetotallers . , ^ ( Loud laughter . ) ' : . Sarah Pritchettmerely corroborated tliistestimony In cross-examination she stated that she was not a tee totaller . —( Laughter . ) Mr . Robert Kixby , surgeon , of Bradford , stated that he attended the prisoner , and found two small wounds on the front of the left thigh , ivhich appearedto have been done with a fork . John Andrew , constable of Bradford , apprehended the prisoner on ttie night in question , and took him to the lock-up . He told him that he had been yety violent , to which the prisoner replied that lie would stab the first man' hfe met with . . .

      Mr . Graxger asked the jury if they could believe that the prisoner would commit such ah outrageous assault without some previous provocation ; and called the following evidence in contradiction . Richard Boardley , a wooUcomber , at Bradford , remembered seeing the crowd near Punshor's dopr . He was the first there , and saw the prisoner with the fork a qnarter 6 f an hour before the prosecutor came up . A person named Wickett , a teetotaller , was talking to pr isoner about breaking his pledge , and a conversation ensued between them .

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

      FOBGERY AT BKIDLIJJGTON . George Cooper , alias George Cooper Brittlcbank , v ; uB charged with having , on the 17 th of February last , forged a certain Bill of Exchange ^ purporting to be drawn on Messrs . Allen and C p ^ of Eai nbro , with intent to defraud Messrs . Harding , Smith , and Co ., bankers , Bridlington . Mr . Adolphus was for the prosecution . The prisoner on the day in question , went to the bank with a draft , which he * said he wanted to draw on the bank of Allen and Co ., London . Mr . Harding said there was no such house in London , but

      there was in Edinbro '; on which the prisoner replied that it was a branch of the same bank . He saii that he had been established a few mohths as a millwright , and wanted ten guineas that day . Mr . Harding refused to cash the paper unless it was indorsed by some respectable neighbour ; prisoner went away , and shortly brought it back with Mr . Chapman s name upon it , who distinctly swore that it was not hia hand-writing , nor did he authorise any person to sign it . The prisonerit appeared had procured a boy named Coate 3 , 15 years of age , to write the name of Chapman upon it .

      The Jury found the prisoner Guilty . Sentence deferred . : The CoXirt den adjourned ;'

      - GRAND JURY ROOM . Owing to thej > res » ttre of busineas , T . Stabbie , Esq ., Queen ' s Counsel , this day , presided in the above room . . . James Crabtree pleaded Guilfy to having , at Idle , stolen a quantity of wearing apparel , belonging to Thomas Bradley . Several witnesses gave hin a good ' character . Sententoe'deferred . v : " * Jake * Jactomi ~ mt& charged with haTing , ; bn the 3 rd of August Ja « t iatolen a heifer , the property of Jam » Marfitts , ot Kirby-Misperton , near Picke ^ - iag . The prosecutor employed the prisoner on the 3 rd of Augngt last , to drive a heifer from York fortnight fair to the prosecutor ' s house . The prisoner went off with the beast , but instead of driving

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      it ¦ '' ¦ 'toi Ku-by-Mispertonjrhe- 'iBold'it in York ' to tMrd b ntehers i nained Thprn ^ oiDi ^ nilnglis , who slaughtered itithfe same day * The prisoner was apprehended about a month after , at Bndlington ,, He was found Gnflty » T > ut , a point of law w ^ reserved ibr ! farther c 6 nsidier 4 tion ; , as to whether or not the offence was committed within the jurisdifetiottof the County . Jokep / kJPditarif ^ 30 , and Jofo Pollard , were charged with ^ stealing 300 lb 3 . o f ^^ yarn , the property ot ; WiiUj ) am Guswns attd Coi , oj ; Great Halton , near Bradford , Messrs , Cottingham and WAsivEvwere

      for : the prosecntor . Mr . Wobtley defended Joseph Pollard ; and Mr . Buss ^^ defended ^ theotherinrisoiieri It appeared -that the prose ' entor ' s warehouse was broken open Otf the 7 j : h : of Aujgust , and the yajrn stolen , froin it . The endence principally relied upon was tm ^ testimony of t ^ accessories after the fact , to whose care the prisoners - ^ ere stated to have given the yarn , ana in whose' possession it was found .. / rheif characters were , liowever , of that description that the jury could not believe them , and auer an investigation of iive hours the prisoners were found ' * Not Guilty , "

      TUESDAY , March ; 13 . - ; Before MV . Justice CotEniDGEV WOSIAN VKItLEn BV HER HUSBAND . JoJfepA JSerri / j . 23 ,, pleaded guiHy to having , at Almondbury , ielpniously killed his wife , Mary Berry . Iu pleading , the prisonflr said , — " I hope you'll have mercy oti me ; " and Mr . Bliss , his counsel , called witnesses as to character . Sentenced to be " Transported for Life . ' ; ¦ On the case of Isaac Foster \ i . ni Charles Cawthery , charged with havings on the 9 th of September , robbed William John Jack , land surveyor , at Leeds , being balledvMr . CoTTijfGHAJi moved-.. tnat it should be respited ^ in consequence of the absence of a matenal Witness , named Colqudhoun , which was opposed bySirGreuouy Lewin , the ^ counsel for the pnHoiier ; and he was ultimately held to bail until next assizes . ¦ ¦ " .. " '• ¦' . " .. "; • ¦ ' . ¦ : -

      SENTENCE OX . MR . SPIttlNGi Mattheio Spilling , who was convictffd last Friday , of having , by his negligence , killed a woman in child-birth , was then placed at the bar . His Lordshib said that during the time he had held thn oflice of Judge , hp . npvor Moaiiiore pained at having to pass sentence on a priaoner . H ^ had iio doubt ; both from the evidence adduced on the trial , and from the infonnaticiii he had received froni tha attorney for the prosecution ^ that his former conduct , as a professioiial taan , had been not only free , froih blame , buthumaiie and skilful . He also found- that while hei had the care of the poor of the parish , he had conducted himself properly , withoiit the harshness which ill-educated professional men sometimes

      exercised—in fabt , ? o much so , that although , from motives of ill-judged economy , the care of the poor had . 'been removed frbih him , it Vas aftervvards restored . Wheii he knew this , he felt sorry to have ' to sentence' him , in coiisequerice of the ppiiiion of the jury , that he had conducted himself ^ ith great rashness , by using instruments at a time when any person competently ' - ' instructedm the principles of the professioiii wpuld iiot hiive employed them ; aud that in' th . e use pf them , he had displayed . ^^ grfeatwaut . of skill and consideration . Whoever undertook a profession of this nature , whs bouiid to bring with him a competent skill and great ; humanity : and patience . It had been irnpressed on the jury that this / was . a question- of mere error of judgment , or aii nccident , for wliich lie was not blamenble . The jury , however , thought the cohtrary , and he

      admitted that he agreed with them , though he was ; at a lois to know to what the carelessness , and waiit of skill in this instance wivs owing ; The consequence had been the loss of human life , and whoever satin the situation of Judge , must hold the preservation of human life in great estimation . " - ' ' He was soriT to haye to sky anything to a person like .. 'himself , to aggravate die sufferiiigs lie must feel . He hoped tiiat the sentence he was called ^ upon to piiss-. wpiild have the effect of showing' that . ' ¦ tins " .. offence wm regarded as . a very serious one , thpughv he was anxious that the pimifelmient should not exceed the bounds which justice dictated . He trusted that ^ the pauisbznent would have its proper effect , and that he would return to the place where he practised with his ' geiiefal .. character- ; uubleniished . file sentence he had to pass upon him yvaa that he be imprisoned in York Castle for *' Six Mouths . " ^

      BUItaLARY AT HAlfOKTHi John Moore , who la-t week . gave evidence ^ against Shackleton , Hoiraes , tind iiottomleyV pleaded Guilty to ha \ iug been engaged in that burglary . 1 Juagmeiitof Death was recorded , when hisLprdship , uitimated that he would be transported for life . "¦ ¦' '" ' /•/ '" ' . " - ' ¦' , - ' .. ' - '¦ ¦ - - " ' -. '¦'

      STACK BUIVMXti AT PUnSEV . Edward ( bleiiutti , 21 , was charged with having on the llth October , ^ et fire to it stack of hay at Pud-, s . ey , the prppefty of Mr . John Clayton , of Hortou . Mr . jBAixts and Mr . Was . vey appeared for the prosecution ; the prisoner , was undefended . The facts pf the case were as follows : —^ Theprosecutorsare the executors of the late Mrs . Hirst , of the Sun' Inn , at Bradford . Five ; years beforie this arson , the prisoner w ^ s in her employment , and was dismissed for bad conduct , < m which he said that he would be revenged for it * The fire took place on the night of the 10 th of October , at which tiine the prisoner went froni Leeds to Bradford : and the

      stacks : were . situate at Qiiiirry Gap , about two miles from Bradford , near the road . While oil his way to Bradford , the prisoner hiet with a waggoner named Parkinson , who was taking his Vfaggpn thither . In the course of conversatipn , the ; prisoner produced a box ojf ^ lucifer matches . He asked how to u « e theni ^ which " , Mr . Parkiu ^ Pii showed him . They went together as far as Calverley Moar-toll-baf , and when near Stanuingley , the prisoner said that when he ; got to Bradford , he ' would have a lie down under a hay stack . " Parkinson said lie had better lie down under the stack which was near them ; to which the prisoner replied that " the wind would blow cold uppn him there ; he would go to Quarry Gap , as he knew

      it well . " The prisoner left him at Dick-lane , which leads to Quarry Gap ; it was then about two o ' clock in the morning , andili an hour afterwards the stack was discovered on fire . About six o ' clock the same morning , the prisoner said to a person at Bradford , M There ' s beeii afire at Hirst ' s ; they ' re a meau set ; and Til be right with thoin y rhen before the Magistrates , the prisoner attempted to explain this by saying that he first gave the alarm of n ' re , and worked at the . '' engine . . - U'heii taken into custody by Mr . Iugham , lie admitted having been with the waggoner , but denied that lie had any lucifer matches with him . / The Jury , from the deficiency .. of evidence , fpund the prisoner " Not Guilty . "

      FOnOEltV AT LEEDS . James If'healer , 30 , was cliarged with having , on the . . ( Jth of May last , uttered ji forged acceptance on a bill of exchange , purporting to be thti acceptance of Mr . Baker , with intent to defraud Edward Cliarlesworth and others , of Leeds . Mr . Staiikie niid the lion , J . S . Wph ' TtEt were for the prosecutipn ; the pris&ner was defended by Mr . DuNDAS . . ' ' .-- . '¦ . _ ..., '¦ ¦'¦ . ¦' . . >¦ ' ¦ ¦ ¦' .:. ¦ ' ¦¦ : ¦ The prisoner ' s father is a cloth-manufacturer near Leeds , and was in the liabit of transmitting to his son in London a quantity of cloth for . the purposes of sale , in payment of which he traii 8 inittedl > ills . The prisouer had a warehouse ut No . 31 , Almondbury . In May last * the father received a bill , which was taken to the Leeds Commercial Bank . In . September , the father fell into difficulties , and made an

      assignment for the benefit of his . creditors . ¦" -.. Mr . Lee , attorney , then went tp Londbn , and askedthe prisoner for the key of the room Where his property was kept . In a desk there , Mr ; Lee found several bills of exchange , and on one of tlieni the eiidorsement was found ' ^ Mr . Baker , 31 , Almoridbury , City , " dated 6 th May , 1837 . Nbsiiich person , v however , could be found , and ^ it'Was ascertained that the bill "was a forgery . Other billji were found indorsed with the names of Baker , Browii v and Clark . Mr . Dusdas addressed the Jury pn behalf of the prisoner , contending that no proof of the forgery had been given ; that up to that time th ^ prisoner had borne an unimpeacnable character , and that it was improbable lie would commit a forgery toinjure his own father . Guilty ; but recomniended to niercy . — Sentence deferred ,:

      MALICIOUSLY STABBING . John Et / re , , was charged with hayihg , on the 18 th November , ; at Doncaster , wounded George Wood on several parts of the body , with intent to do hiuut some grievous bodily haiin . ^ Mr . BAINE 8 and Mr . WALKEa ; appeared for the prosectitor ; the prisoner was defended by Sir G . XiEWiN . V " , :- " ' . ' ¦ ' ¦ : ' ¦ ¦"¦ ¦•¦ ¦ '¦¦ ' ' " ¦ : ¦ ''¦ : The facts of the case were as follows : —On the 13 th of November , the prosecutor , who is a labouring maD , residing at Bentley , nearVDoncaster , was at Doncaster Statutes . On coining put of the Falcon uublic-house , he was met by the prisoner and his

      wife ' i when some quarrelling took place , and ^ he prosecutor was stabbed under tlie right arm -and on bis breast . When the prisoner was taken into custod y ^ he said that the prosecutor had struck him firsti The Judge considered the evidence hot sufficient to convict , but observed that this scandalous system of stabbing was increasmg very much in Yorkshire . It vras , mere like foreigners thau Englishmen ; and wlflen such cases vere proved beforeliini , ; he Should feel it hw duty to pass a severe sentence on the goilty parties . : ¦ - ¦ ¦ ' ^' - ' . ''" : ' : '' / -r ¦•¦ ¦; .- ; . . \' -v : ' . T- "¦ ¦ . '''¦' ¦ :. . :

      ; Josepfi Greaves ,. 23 , Joseph ifc % wiy 21 , ahd / fcnw Coldwell , 22 , were charged with having , on the 5 th of tfovemb ^ er last , together with- - John alias Joseph ^ fc / t / rt «?/ i , stolen from the warehouse of Joshua Hoyle , of Hobnfirth , fifteen pieces '' ofbroad and narrow cloths ., ; - ¦ . ¦ ¦ .. /¦ : ' :. ' . ¦ . ¦' ¦¦ ' : ¦ . - > ,. V ;' -v- ; ¦ ¦?¦ ' . ¦ ' . " - ¦ '¦ ¦ ' . ' ¦'' ¦ : ' /¦ ' . " ¦ .-. Mr . Dcnda 8 and the Hon . J . S . iiP ' oiTiEv . Verei Coun ^ l for the proaecutipn ; : i Sir GfeEoo ^ r Lewin defen ded Greaves , Mr . Buss wa » for Brown , anq Mr . Gi& ^ oeb defended Coldwell . ^ ; >; :: ¦> .. ' The prisoners were charged ; with this offence , along' with a man named Hutchinson , who ; had escaped froni prison . The prosecutor is a clothier

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      at Holmnrth , and his warehpuse is situate at Sheffield , which he rents' of a . perioh ^ named Wright . In this warehouse cloth of different kinds were depo gited ; prosector did not Uve at . Sheffield , bat h « attended Sheffield market onm a week . ; It see ^ js that oil tiie ^ lst of November lakt , the prosecntor was at Sheffield ; when he saw that his warehouse was all , right , and there ; wereoKve , browo ^ claret , and blue clotb ; of his own manufacture therein , and on which cloth there was some distinguishing mark Prosecutor . went to Manchester and when oil hia road rettirnirig hbrde , he heard of his having been gobbed ; he heard this oh ihe Sunday . On his going tpthe warehouse he found that it had been entered , and that thethieves had cut a hole in the door . He

      missed fifteen or sixteen pieces of cloth . No person was seen to ; -do ^ the deed and ^ erefpre the change rested on circumstantial evidence altogether . About twelve dav | afterwiarde , Hutchinson and the other prisoner began dealing with some portion of the cloth in question , as if it was theirbwn , and then they divided the money , tiie produce of these sale ? , amongst them . Hutehin $ on had a considerable portiphof this ^ loth in bit * house , which plaice every one of . the prisoners \ isited . Thus before-the robberjf they were well acquainted , and afterwards they were found managing ; and dealing with the cloth as' . if it were theirown . ' ,: On Monday , the 13 th of November , the prisoner Greavfts went to a beerhonse , kept by a person of the name of Littlewood , having , a bundle . with him which contained olive cloth , and he wished the landlprd to purchase it . Litdewood ,

      the landlord , would ; not purchase it himself , - 'but meritipried Mr . Li ^ f , the pawnbroker , who would . There wa * seven yard 8 ; 6 f . this cloth , for which the prisoner asked 7 i . 6 d . a yard . The cloth was taken to Lief s , and he gave the landlord ¦ £ 2 12 si 6 d . ; he returned with ^ the ^^^ tn oney anji laid it upon the table ; when the four men dirided it amongst them . Haying paid the shot for the liquor they had had , they went away . On ike next evening , about dusk ,, the four men went again and Hutchinson had a bundle with him . Littlewood ^ again went to Mr . ; Lief for the purpose of disposing of some cloth , when the latter detained the'cloth , and on the followiivg n \ ortiiri ' g he called in Mr . ; Wild , the coustabtej who apprehended spme of . ' -the : ^ prisoners . Coldwell was not apprehended till some time after the other three men had been taken . ; ; ¦

      In the cross-examination of Littlewopd , he confessed ^ toi having been convicted of a felony some fjme-eince ,: and sentenced to six months' inrprisohnlentin the House ¦ ¦ pi Correction . He had also been inprison for other offences . . ¦ :- : -v . : ¦ ,. ¦ - * ¦¦ '''¦ ¦ : - \ f he facts having been detailed , the pounsel for the prisoners addressed the Jnry oh their behalf , and witnesses Were called , who ; gave Coldwell and Greaves a good character , when- $ e Judge summed up , and the Jury found the prisoners G oilty . " . ' The Judge sentenced them " to be Transported fifteen years . " '' / ¦ ¦ , -. ' . . ' ¦ . . - . ' .- . ' , ¦¦" ' . - - . ' " / , The Court rose at eight o ' clock . ;

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      NISI PRIUS COURT , Friday , March 9 . Before Mr . Justice PATTESpN . His Lordship took his seat this morning at nine o'clock . . " . '• - . '

      BAHACLOUGH V . PJRKI . V AND AXOTHER . Mr , Cresswell and Mr . Wiphtman appeared for the plaintiff , a blacksmith at Hightpwn , between Leeds and Huddersfiejd ; and Mr . ALEXAXDERand Mr . Cowling for the defendant , card maker and inill-pwner at the same places and his servants . The action wais to recover damages ; fbr a trespass , in having forcibly expelled the ; ' . plaintifF from : a room with steam povver , which * he ; occupied in the defendant ' s mill . The defendant pleaded the general issue ; the leave and license of the plaintiff ; and that the property belonged to the defendant , Mr . William Parkini From the , evidence adduced , it appeared that in Marchy J 837 , ah agreenierit was

      made by which the principal defendant , Mr . Parkin , agreed to let the plainafF the smith ' s shop andcottage , together with IPs . 3 d . per week , oh condition that he should superihtend the proper aihd steady use of the steam-power , being allowed at the sanie time to follow his business . A clause was also inserted stipulating that Baraclough should have the iron and tools , valued at £ 30 , which he was * tp pay for at the rate of 4 s . per week put of his wages . Butin September Mr . Parkin found that the plaintiff grossly neglected his duty , and iiifured his

      interests , having some times left the care of an engine to a boy , who had to be sought in the field at his play . They therefore discharged him , removed the iron to an adjoining house , and retained the tools , and put another man in the shop . As Mr . Baraclough would not give up the key , they were obliged to break open flie door . Several witnesses were called on both sides . The facts were not disputed , except as to 3 araclouga ' s alleged negligence , the main qiies ^ ph being whether Mr , Parkin could legally eject ; the plaintiff under the agreement in tliis summary manner . Verdict for the plaintiffdamages £ 20 . - ¦¦ . " . - '• ¦ ' , ;

      SWADPELL W . HOBSON , Mr . Alexander and Mir . Wig HT 4 yan were for the plaintiff ; Mr . Cuesswell mid . Mr ;; Hpugln-s for the defendant . Mr . Swnddell is « a builder residing at Sheffield , and Jpri . Hobson , 'Esq . is a gentltenian at that placed and the action was brought tp recover £ 20 . 1 . 7 s . for work and Jlabour done as a builder in the autumn of last year . The defence was that bu the 15 th of August , 1837 , ^ the defendant haclVsigned an agreemen t to complete certain alterations in a bou ^ e in Blo » sbni-row , according to plans and specie fications of Mr . ttpekton , an" architect , for the sum of £ 155 , with power to Mr . Hocktonto set '; aside the

      agreement , if he should think proper , and' take the measure and value systeni . The alterations were to be completed on the 2 pth October last . Before they were done , ihe plaintiff sent iii a bill , which Mr . Hocktoa declined paying ; he then desired him to give up the agreement , which he consented to do , prbvide _ d his bill were paid , ; Mr . Hookton replied that this was not likely , as he had got the value of his work already in old materials . Mr . Swaddell then refused to go oil with the contract , and arrested the defendant for the debt . His Lordship directed a verdict to be given for the plaintiff .

      MAW AND ANOTHER V . BUTTON AND ANOTHER . Mr . Starkie and the Hon . J . S . Wortley were for the plaintiffs ; Mr . CREsswELt and Mr . Tomlin-8 on for the defendants . The plaintiffs were execatprs to ^ the late . ' Mr . ^ Richard Maw , of Doncaster , arid were required by the testator tp carry on his business of linen draper and : spirit iherchant ; the defendants took the business at a valuation , ; and gave a bond tp the executprsin a large penal sum ; His Lordship suggested a :. reference , which was not agreed to , and he therefore postponed it to the last on the Cause List .

      BROOK AND OTHERS " . EASTWOOD . Mn GREssxyELt . and Mr . Tp > iinNSpN appeared for the plaintiffs ; JMr . AtEXANDER arid . Mr . Du n ^ - uas for the defendant . Messrs . Brook , Shaw , and Nesfield , are executors of the late ; Mr . Samuel Eastwoodj a woolstapler , ' at vMiln ' s Bridge , near Huddersfield ; . and the defendant Mrs . / Eastwood , is the widow and executrix of the late Mr . James Eastwood . The action was brought tb recover £ 400 for money lent , in 1833 , together with interest and other expellees ! , under the following circumstances . In 1832 Mr : Samuel EastvFpod established his son James as a cloth merchant iji the neighbourhpod , and fnrnished him with a considerable quantity of

      wool . In the following year his son married the present defendant ; and as he expressed a strong wish to become the proprietor of a will which was offered for sale on the 5 th of April , his father consented tomake him an advance of £ 400 , his other son to have the remaining interest in it . The mill was purchased for £ 800 , aiid Mr .: Samuel Eastwood requested his splicitor to retain the deeds until his son James was able to repay the money . James died a few years afterwaras without paying the moneyj audit was also found that he owed a considerable sum forwppl . Several communications

      were read to ? 4 rs . ISastwood on the subject , and it was offered to abandon the claim for wopl , provided she would give up her late husband ' s interest in the mill , or pay the £ 400 . She had hitherto refused to do so , and thetexecutoTs therefpre , felt themselves bound , iniustice to the estate , t » bring this action . For the defence , it was set up that payment had been made by Mr . James Eastwood to tas father in the settlement of their wbbl accounts ; but Vfhile th ^ defence was proceeding , a reference was snggested , as the best means of arriring at ; the justice of the case , and after some consultation , was agreed to .

      SATURDAY ^ March 10 . CASE OF SEPITCTIPN .- —WHITEtEY V , MILL . ' The Hon . J . S . Wqrtley opened the pleadings The declaration charged the defendant with havini ? debauched the plaintiff ' a daughter , by whichhe had been deprived of her services , and the comfort of her society ; to which the defendant pleaded not Guilty . Special damages were not laid . - ,, ^ . : Mr , Baines stated the case t 6 the Jury . The plaintiff in ; this actipn , Mr . Whiteley ^ who was coniidentinl clericin the large establishmeht pfMarsden and Co ., complained qf the injury . done to himself andhisfamily b y theseductipn of his daughter , by the defeiidantjJRilr , Mijls , abrewer ^ and naaltsterf at Huddersfield . The plaintiff had a family of nine children , three of whom we ^ rtdanghtert ; From ioao

      iojas ip meraeienoant w&s on terms of intimacy withthe eldest of these ] and the acquaintance was recognized as one existing between parties intended to be hereafter married . That iatimacy , however , terminated with the birth of a « bild in September , 1836 . Shortly before her lying in * the defendant made a representation to Miss Whiteley , requesting her to go to a different part of the country , tor that Purpose ; but thefa <; t of thek ^ timwy being known bj iher family , and her shame already , apparent , she inOse | raffiet to recaain with her friends than to eo amohgsl strangers on such a trying occasion . The deffendant then disowned herV For some time afterwards , the plaintiff cherished the hope ( though he could not say it was warranted ) that the defendant might at last dp his duty to his daughter and uphold |

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      Jig own honour andL credit Thepla ^ tift ; therefore ^ refrained ^^ fro ? n jn ^ tufing lewfl ptoceedingg . Vecanm one conseqnen * e " wa 3 , tod it was one of fhl Snoat paiuful intasm ^ m n » ture , < fcattietinfbrtB . nate girl was subject jto ; the gaze- md remark of a | l persons whom , BuHttfeffl or ctiTioaW ' tfught induce to > Btfendf ^ rWli 8 ^ r * ie > aetailed vher 6 wn : shame and > that of her family ; andit | fiw not till all hope . of reparation was goopxandhe ^ as obliged to aban . dbij xij that this actibn-was . cohmraceav -He ( Mr Baines ) : iw » not one df those who thought that it was good taste in , an advocate , oradvantageous to bis cueht , to indalge ^^ in declamation in' stating such a case as 1 ^ , to highprifldpl 0 df hninahe , and just

      aid'he woiiK leave those facts to speak . for thems ^ lveffw wM (^ they" ; would ^ forcibly than the tongue of any advocate : He vrbuld say a few . ^ rds ' on the subject of damages , and then proceed ^^ to JBalTwitnesses . This defendant had ample mean ^ and was ftflly able to pay any damages they might award . He would not daim them on the ground ; of public morals ( though he believed nxany salutaiT lessoiis were giwri by such actions ); nor wonld he set up the injury this yoang troihan had sustained in consequence of a breach-of / promise of marriage , because they would be told that this cpuld not be claimed ucid ' er the present declaratioh ; but he asked for damages uponrthe single and legitimate erouhd of the injury ^ atained by the hea ^ of this family . If there was a father m that box , who for 20 or 26 years had endeavoured to bring up his

      children with industry and honesty , he wouldiaglt what damages he should , think himself entitled to for one child being , entirely rained by the artifice of a man like the defendant >• and instead of being an honour and comfort to her family , to be perhapy a burthen and reproach for the remainder of her life . Besides , th ^ re were other daughters in this . family . Thev all knew , how the misfortune / of * one si » fer wouldbe made a ^ ^ calamity-pa > the oithers ^ and those daughters who before might have the befit prospects of att honourable marriage , might ^^ continue in his family , and the father thus sustain additional injury . ^ He would estabh ' sh the perfect respectability of this ^ ^ y bung woman , land the pretences tinder ^ . ' . which the defendant gained a footing in the family , and then he would adc them ; what compensation ought to be given to the plaintiflf . More thanjust damages he would not iask , and these he was sure they wosld award . ¦¦ : : " v : - ' - ' "'¦ J- j ¦ - ¦ ¦ - ~^ U--: ' - .-:: ¦ ; - ¦ ¦^¦^ ' : ;^ "; -: - ; :

      Elttabeth Whitel ^ y stated that her father was clerk to Messrs . Marsden aiid Co . j I arn ^ S years of age * I lived with my father , assisting in the house . I have ejeht other brothers and sisters .: The defendant resides in the same street , and is a brewer . He \ i ^ ed to come to my fathers house , and hisvisits were known tp the family .. He came abput once a-weak until the period of iny cpnfinemeht—but not quite so often towards the latter end of the time . He often promistd to marry ine ; and wis receiyed at the house as a gentieman paying his addresses to me . Heus ^ dtpwalk out with me , with the ^ knowledge pf my father . I Vras confined ^ on the 23 rd of September , 1836 . Previons to this , the defendant promised to see me , and proposed that I should on

      from home , towhich I did not assent , but remained at home . Cross ^ examihed .- ^ -The defendant is two or three years older than me ; he baa six : brothers and sisters , and his father left his property amongst them . The defendant became acquainted with me in 1832 ; he came to our house I did not go to his counting-house . About Christmas in 1835 , we first became criminally connected . I ^ do not remember meeting the defendant on a Saturday evening , a August , 1833 ^ , near Huddersfield Church ; I went to . Wakefield with him in 1834 , to . visit a friend of mine . I do not know the Union Inn , On the road from Wakefield to Doncaster ; I did not sleep there with the defendant in October , 1834 ; I never was there I went to Halifax with him in 1835 ; we were at the Boar Inn together during the fair . After Ghn ^ lBias I did not meet the defendant often . I went but with him less frequently than before , he never came

      after the family went to bed ; There was hot an agreement that we should chalk on the window the hour at which it would be . convenient to meet—nine or eleven at nighti I know ^^ Bradley ^^ mills ; we often walked there in the evening ,: to Dalton gardens , during two or three evenings . There is a walk down to the side of the river . I will swear the only tfiree occasions of a criminal connexion were at Lockvrpod , at Halifax ^ and in June or July , at Hriddersfield . ; Re-examined— -The defenclant ' a father 16 ft him a share in the brewem The remainder of the re-examination was to show the respectabiuty of the parties , and that the defendant had always been treated and conducted himself as a person paying his addresses to a young lady . { The witness , who is a beautiful and interesting girl , wept frequently daring her lengthened examination , which rendered it difficult to catch the evidence distinctly . ] ( :

      The material part of her evidence was corrpbprated by the brother and sister of the unfortunate young woman , a Miss Lydia Lawton , and a Misx Amelia Crowther . The surgeon who attended her in her confinement was also called . " After an address from Mr . Cbesswell for the defendant ; Mr . Justice ^ atteson summed up , and the Jury found for the plaintiffs-Damages , 300 guineas . , ;

      MONDAY , March , 12 . Nisi Pbius Business at Yorkshire Assizts . ^ - At the sitting of the Court on Mpnday , Mr . Justice Patteson stated , that as it would be utterly impossible for him to get through the business by Saturday night , he should make all the Special Jury cases remanets that he conld not get throngh , and after Tuesday proceed with the pases as they stand in the list , : v - '" -. iAi nine o'clock ; this morning , the learned Judge proceeded with the Tindefended causes in the Ust for the North and East Ridings , none pf which ; however , possessed the least publicintesest . , -

      WIISON » . RIVER PON COMPANY . : ]¦ : . ( Special'JuryCase ;) , Mr . Watson ^ opened thepleadings . The declara * tion stated that the plantiff was possessed of certmn works , and asftream of water , and that the defendants wrpngfully ; made and deepened certain partis , thereby diverting the water , and keeping it diverted , by which the plantiffs trade was much injured . The second count stated that it was done without giving satisfaction . The third count alleged ^ tjiatthe : defend dents were possessed of * ^ certain ^^ Sdod gates which they were bound to repairi and which they had not done . The- fourth and fifUi counts were for iiijury sustained by the diversion of the-water . The defea * dahfa p leadect first that they were not guilty ; fieit they desired the ^ right of ; the- plantiffto the water , and also their liability torepair the floodgates—upon » U of wMch pleas issue was joijiea .

      Mr .: Alexander reniarked : that this case involved the question , whether ; the ; business now held by Mr . Wilsonywhich had been . " carried on for 100 years , and from which he derived his livelihood , must necessarily come to and end . Mr > Wilson since 1830 had been in possessipn of the mill situate at Kilnhtirst , on the banks of the river Don ,-which runifrom Aldwark to Doncaster . In the ieatliest tiineg there were on the river three mill ^ a ' corn mfll at Aldwark situate on the sbuth side ; there were iron works , » corn mill , arid forge at Thribergh : and about h » M a mile further down , a forge , fining , and sh * tting millat Kilnhurst ^ al l these mills were entitled to snei use ais they ^ required ofthe river Bohi In the ^^ « arlypart of last century , the defendants procured four acts of

      Parliament authorizing them to make the river navigable ; the first of these was pbtained in 1725 , and the last in 1739 . From that period- down to 1 S 21 nothiiig more was . heard of the River Dpfi Company in Parliaaje » t ; and the owniera of the texfib' carriea them ^ on , Either uhdertheirp ^ reonal ^ perintendenceV or . by theirfenaht "; The c 6 rd . mill at Aldwark was burnt down in 1831 ^ ancl <| he iron works removed by Messrs . Walker j stall the Thribergh ; mill was -left ' and the works at Kihihurst were left ; ' ' standing as it does now ; ; In ; 18 " 19 , th » Company entered into a treaty with Col Fullorn for the pnrchase of Thribergh mill , for the ^ purpose of " obtaining the water , and m the following year ^ thfe Company polled them down . When first the Act of Parliament was Droeured . tte

      riveryras onlyin tended to be navigated by vessels of 26 or 30 tons burthen ; as commerce increased , tbe Cotnpany found it necessary to depen the water there being previously a shoal at Aldwark cranche , and now vessels of ZQjor 89 ^ tpnsjnavigated the river . The plaintiff c 6 niplained , that by keeping down th shuttles ; o > f . Aldwark mill , removing a all across the weir dam , and leaving the ; flood gates unrepaired * the defendants had so diverted the stream of ^ ater aa to cause him serious injury in hisi business , by tbe working of his mill being stopped . His Lordship felt it his duty to recommend the parties to appoint an arbitrator .: The Court would nrobably be occupied two days , ' other suitorawpnla be delayed ; and yet it really was i que ' stidn 'afFecting merely the regnlation . of ithe ^ ^ water , and not any -definite rigntsw the parties , so that after all the decision could not be satisfactory . Mr . CRiitVEtt * ^ contended that the

      plan tiff had no right of action , and * therefore woul * admit ; the facts tor the purpose of raising a point of law . This bem § found "ihconvenienfc Mr . Aifiic * an der called the witness whose evidence was of great length and exceedingly intricatein detail . At thaclbse of the plaintifFs case , after citing frani the several sets of parliament , Mr ; GrebwelIi argned that this plantiff . had ^^ inot ertabKihed 'ihe feet that Ae defendants , had exceeded . fte powern given theni by these acts , ahd ' that no damage had been tope within four months of the action beuig brpugfitj which wasreqairedby ^ e last of thfese wstj , tkef&Geo " IV ; . ^ e Te arned ' Jup oii tioxwht the « a ^ sufficieat tojo to'tne'Jurrbiit st ^ e ^ e ^ wf ^ rence ; ^ andaftej directing- a verdict on . the first , lecond , third , and filQ » tounta to be giyem . to flw defeadanta on th » plew ^ insa , thft' 6 nbject-matter in dfcputawas referred to ^ an ribitwtbfy *;* eidifct teinggtienfortheplai 00 " ^ am agea aB la ^ diajtha dedarotipn .

      ¦ ,: : ¦ y : ' :- ;¦/ :,::-. / : x ; fi «^^ i « M «» -- - . ^ ' - .. .. . - : ; Mt . Baines and Mr . 0 * e « ekd were for * be plaintiffand " Mr ; DuNDii and tKe Hbn : j . S . Wortiev were fjbr the defendant . The action waa to recover damages for assault and false imprisonment .

      Untitled Article

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  • Citation
    • Northern Star (1837-1852), March 17, 1838, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct343/page/6/