Star. — London, England, 1820-07-29 00:00:00

• • • tween three and four they cane into the fast room on the left hand side; they sat down; no one was at the table; the townspeople were with witness in an other part; Cheetham came there, and drank with us; he might have a glass in his hand several times; does not recollect going out ; they were in whilst they drank a few pints; did not, to the best of his knowledge, hear Cheethatn speak to them, nor any conversation between them ; did not hear the soldiers s ay anything ; no toasts were drank whilst he was t here; does not recollect anything said about the soldiers' clothes. Cross•erunined.—Cheetl2am did drink with wit ness, but wni not in their company ; the soldiers had gone into the kitchen before witness lef;; witness had gone out at the time they left to go to the kitchen. Mr. Cot.rstAs made 3 a short reply to the Jury, observing, that three out of the defendant's four wit. nesses, by their own admissior,, were not present; the {mirth had been drinking there all day, and stated he took no notice of anything, and had often to go out. The Jury immediately found the defendant Guilty. The prisoner was then put upon his trial for as saulting Corporal Lambert. The witnesses on both sides were ordered out. Mr. CovrstAN stated, this was a subsequent part cf the same t ansaction. The assault was connected with the first trial, as Cheetham's words had tended to cause the affray. After stating the facts, the fol lowing witnesses were called : Corporal Lambert again sworn.—After the toast before stated had been drank, witness, Moore, and Eaves went into the kitchen to avoid discussion; Eaves left soon ; a little dog came in without being called ; witness did nothing to it, nor did Moore that be saw ; Cheetham came for it, and took it away, saying they wanted to steal it. In about five or ten minutes, Chcetharn came to the door, and insisted upon his coming in; witness desired him to go away; he forced hii way in; witness told him to go to his own company ; Cheetham ran in, and got examinant by his legs, and threw him down ; Cheetham held him down ; three or four came in, in about two or three minutes ; they came to Cheetham 's assistance, they kicked witness upon the legs, and loins, and back ; witness was then on the ground. When the others came in, Moore came to witness's. assistance. There were six or seven came in ; they said " Kill tae b--- backed butchers." When witness was knocked down, he had not struck a blow; wa.3 bruis ed in several places. A soldier's ?Rife who was at-. tending the bar for the landlady waspushed a-top cf witness. Could not see what Moore was about; Edwa-..cl Landers, a private came in to assist witness, who was then on the ground. There were some hundreds got about the windows, shouting, "Kill the b— backed butchers!" Cheetharn took a part in this the whole time. One of the witnesses who was in the box a short time since for the defendant was one of the persons assaulting. Before going into the kitchen, Cheetham threatened they should be brat be fx-e they tett O.dham. He had said the same about a fortnight before. Cross-examined by the prisonar.—Does not recol lect the dog came in a second time; did not strike Cheetham on the breast before he ran at witness's legs ; could not sec anything that occurred between Moore and Cheetham, as there were six or seven people upon him. There was no one in the room when Cheetham came in but examinant and Moore. There were many soldiers afterwards when the guard came, hut this was when it was over. Corporal Moore went into the kitchen with Lam bert, was there half an hour before Cheetham came. in; a dog came in; Cheetham came in and took it out ; he said we wanted to steal it ; he came again to the door, and Lambert pushed him back with his hand, and said, his company was not wanted there. 'Vac landlord had a scuffle in the passage with Cheet ham. Witness was then seated at a table with a Mr. Jackson, in the room. Eaves then left the room, and examinant and Lambert were left drinking together. Soon afterwards Cheetham made a rash at Lam bert, and laid hold of his legs and knocked him down. Lambert had done nothing before but push him back as he was coming into the room. Four or five more then came in ; they said, the b— butcher was down; murder him; saw them kicking Lambert; saw Cheetham closest to him ; Lambert lay at full length. Witaess was striving to extricate his comrade; got tl - e poker to help him, they were so many; did the best he could with the weapon. A great many more came 'tut ; could not say the number as he was busy; they called out kill the butchers ; Landers, a soldier, came in to assist; when the matter was over, Lam bert was insensible and knew nothing, from the blows he had got with the dogs (wooden shoes); witness and Landers cleared the kitchen. The corporal's guard conveyed Lambert and witness home; it came soon afterwards. ExamineJ by Prisoner.—Had not the poker in his hand until Lambert was knocked down. Mr. Jack sfm was in the room when prisoner came, but was not in the soldiers company; there were not six or seven soldiers there. Landers, private of the 7th Dragoon Guards, was going by the house and heard a person say they were killing the soldiers ; went in ; Lambert was down ; witness was alone ; only Lambert and Moore were there; about six were kicking and beating Lambert, more were outside ; Moore, with a poker, was. assisting to get Lambert up ; examinant assisted Moore, and got Lambert up ; Moore and examinant at last beat them all out of the room ; there were six a;;ainst them at first, and others rushed in very quick; cannot state what number; heard them cry outside to kill the b— butchers ; before the corpo ral's guard came they had stopped the fighting, but t::ey durst not go home until the guard came ; Lam rt was much hurt and bruised. Examined by Prisoner.—Was not in the room 4• .en prisoner first came in ; did not see prisoner un til 1.1 was entangled with Corporal Lambert; looked round for a weapon, and saw a carving -knife; took up, but thought it not a proper weapon, and laid down and never used it, and then got the leg of a r.r.01, which he used. yilliam Griffin, a private, was one of the corpo ,, guard; there were about two hundred people coileued; they were about the door, and threatened take the carbine from him.. they wanted to get it, • :Attempted to force into the house, but exanuna..t , ald not let them. prisoner, in his defence, said, when I went : to the room the second time for the dog, Lambert sae, and Landers was then there with four . . . other privates ; then Lambert and I began to fight ; Lambert pulled off his coat, and wanted to boa ; I said I did not understand it; Vie a ;reed to fight, each in his own country way; I leggiii him down; head was much beat, and it was afterwards washed. Stopford, witness for ri , ' prisoner, saw the latter part of the transaction; wl.en he went into the room saw the prisoner with his head cut ; the fight was then over ; there was no fighting with the pri soner after this. The CHAIRMAIL—This does not apply, as it was after the transaction. The prisoner said, he had no oth er w i tness . (Incept his fat her, to speak to his general character.' Corporal Moore was recalled by the Bench, and stated, that Corporal Lambert did not take off his coat to fight the prisoner. Mr. Covraume observed to the Jury merely, that no witnesses present at the affray had been called by' defendant, though sixty or seventy were present. The Jury intenupted the CHAIRMAN on summing tip, and said his doing so was unnecessary.—Guilty. James Wilde and Jonathan Buckley, who were in custody for another assault upon the Military, tra versed to the next Sessions.—The bail required was C4O, and two sureties of £2O each. THE NINO V. WINTERBOTHAM AND WHITTARER. These prisoners were indicted for rioting at Old ham, and assaulting the soldiers. Mr. COLTMAN.—This indictment is for a violent riot on the following day, the 25th April, in which several soldiers who were not present on the preced ing day, were violently assaulted by many persons with bars of iron, sticks, and clubs. After Mr. COLTMAN had closed the address to the Jury, the prisoners said they wished to traverse; but the Court refused it; as they had before made their election and the Jury had been sworn. The Counsel for the prosecution stated, that he would consent that the trial should stand over until the following day, but the prisoners refused this in dulgence. Edward Connell, a private in the 7th Dragoon Guards. On the 25th of Aptil, went with Griffin and another soldier to the Bull's Head, about five or six o'clock in the evening. After they had sat down, two or three soldiers came ; one of them was bil leted there; Whittaker was near witness; he talked 1 about b— butchers. and the b— backs, and wanted to know why they came? He then sung a song, in which the soldiers were called b— butchers ; it was called Peterloo. Witness said it was tot a fit song to be sung in soldiers' company ; and corporal 1 Pollett said the same. Witness was standing up, and we said we would leave the company. The soldiers were preparing to leave the company. Whittaker had a glass, and drank, , 4 May the skin of every loyal man be tore off his back and made into parch- 1 ment for all Reformers to beat to arms I to arms r-1 Witness said, we are only a few, let us leave: this is not a proper toast for soldiers. Whittaker threw the glass of beer into witness's face, and im mediately hit him a blow, which knocked him 11 against the clock; witness returned the blow, upon which some words took place ; then about twenty or thirty men came in, and said they were read} for us; some had sticks; at this time there were only four dragoons in the house; one foot sol dier who was there, named Binning, had gone to alarm the guard ; the men were at us in every dii ec tion ; we gathered together as well as we could ; they knocked down some of us ; we a esisted them the best way we could ; they got pokers, and tongs, and different instruments ; we had no arms ; we were not allowed to carry them ; I was knocked down se veral times, and received many blows; and but for', GOD I think I should have been killed ; Gough, a soldier, came to my assistance ; they kicked me with their clogs; a table was thrown at Gough, which knocked him down ; this lasted about a quarter of an hour. The landlady came to the door and ran back. I was much hurt ; I gave no insolence what ever to him before he threw the beer: Whittaker went out after I had remitted his blow, and returned with the other men, and they all began. I saw the other prisoner constantly during the fight, and saw him strike many blows at me. None of our party gave any offence before they began upon us. Examined by Whittaker.—Did not throw a glass of ale at prisoner whilst singing. Examined by Winterbotham.—l never laid hands on Whittaker to strike him but once; did not pull him about ; saw none of the party burning Whitta ker's hat; did not see one of the soldiers hit prisoner before prisoner hit him ; none of the soldiers hit un less they were hit first. • • John Gough, a private, was at the place; heard Whittaker sing a song ; some of the words were about Peterloo and b backed butchers ; Connell (one of the soldiers) got up to leave the company ; Whittaker stood up with a glass and a jug, and drank the toast a- stated by former witness. Connell was going away, and Whittaker got up and threw a glass of beer in his face, and knocked him against the clock. There were then four or five soldiers present ; one of them went out immediately. Winterbotham went out ; then in two or three or four minutes he returned with a great many people ; some had sticks and pokers, and onehad a knife. A fight commenced ; Winterbotham was the first who began ; he attempted to strike me. A great many more attacked me; I was separated from my companions ; I was knocked down by a table. When I got up, I laid hold of the poker. Going into the passage, I saw Connell down ; five or six people were on him. No other 'oldie*: was with him. They were beating him with sticks, and kicking him. They attacked m e . I t was nea rly half an hour before the affray was ended. Did not see any of the other soldiers then, as they were in the room. The first person. who came to assist me was one of the guard. I was not very much hurt.... Connell was much beat. Examined by Whittaker.—Did not see Connell fling any beer, nor strive to strike prisoner before prisoner struck. After the affray was over, witness admits he kicked Whittaker out. Examined by Winterbotham.—ls positive Winter. botham was there before the affray began, and that he was one who struck. Re-examined.—Had heard in the course of that day threats by different people against the soldiers. William Giffin, a private, was one of the party; recollects Whittaker singing the song of Peterloo, and giving the disloyal toast. Before the mob came in the front door had been bolted . ; some gbt in through the windows there were about four or five • •.•-• •• • , • on our side. When the fight beg‘n, nearly one hun dred tame against us. I was employed to defend myself; they had pieces of iron and hammers in their hands, using them to beat me; I was knocked down and hurt by a fire-shovel; this lasted for some time—until the guard came. Examined by the Prisoners.--A hat belonging to one of them might have been kicked, for anything he knows. William Connell, a private soldier, corroborated the preceding witnesses. He stated that four•or five people were on bin, at once, who beat him with sticks, and kicked him with clogs; he was knocked down twice; four or five dragged him into the par lour; They jumped upon him; he should have been lulled if the guard had not come to rescue them ; saw one of the soldiers hit on the head with a carving knife, and he was speedily covered over with blood ; witness was covered with blood from his own wounds. Examined by the Prisoners—Recollects someone's hat knocked off in the scuffle. Corporal Halliday.—Went to fetch the guard ; whej he returned he ordcred the door to be opened ; it was refused ; the guard struck it with their car bines; then it was opened ; when he went in he saw in the kitchen two or three soldiers fighting . with twenty town's-people ; h e h ear d a very great no ise in another room and saw a soldier do wn , w i t h many people upon him ; on witness going into the room he received a cut.on the head from a sharp instru ment, and the blood flowed instantly from it ; saw one of the prisoners there, but cannot say which of them sung the song. Serjeant M'Allister, of the 85th FOot, corroborated this witness. Mr. Wood, surgeon, was next called upon to prove the nature of the wounds inflicted on the soldiers, and was under examination when this Report came away. Accounts received from Maidstone this morning, state that Nerbett passed the whole of last night in a state of great agitation and anxiety of mind, but that he still persists in asserting his innocence. Maid. stone was never known to be so lull of persons, or lodgings so dear as since the commencement of the resent Assizes. The exe cu ti on w ill ta k e p l ace on onday, at twelve o'clock, in Pennenden Valley, one mile from Maidttone. The will of the late Bishop of BRISTOL was proved in Doctors Commons, on the 17th instant, by the Rev. EDWARD DANIEL CLARE/E a LLD. and the Rev. James Davicaztot HUSTLER, the executors; the property, which was sworn under £30,000, being left to his Lordship's five unmarried daughters. The * ill is dated on the 26th of June last. Some apprehensions having been expressed for the safety of the Discovery Ships, on account of the ab sence of all intelligence from them, we have the sa tiskiction of knowing that they are groundless, as there has not been a single arrival this year which could bring information concerning them ; but ac counts are daily expected by the ships from Davis's Straits. The Greenland fishery is rather late, only four or fire'shigs having yet returned. The Marquis and Marchioness of STAFFORD left their house in Cleveland-square yesterday, on a visit to the Earl and Countess of BRIDGEWATILR, at their seat Ashridge, Herts. Thursday last the wife of a Gentleman's servant was safely delivered of three fine boys at the British Lying-in Hospital in Brownlow-street, Long Acre, who, with the mother, are likely to do well. A duel has been again fought at Bladensburg, which appears to have obtained a celebrity equal to our Hoboken, between two Gentlemen in love ; they fought with muskets (rifles would have been better), and one was wounded through both thighs vei y badly, the other was not hurt. We presume the par ties had friends, as is usual in such cases, and the victor, according to the laws of chivalry, must carry off the dame The challenger, it appears, was wounded. (NessVerk Paper). A CauTtos.—Those who are fitting out for the East or West Indies, and families in general, ought to observe, that the original invention, for Marking or Writing on Linen with a common Pen, is pre pared by no other person but the sole Proprietor, Mr. Hung (now the only appointed Chemist to his MA• :ESTI), and at the-usual house, viz. No. 106, Long- Acre. Although the character ofthis the true perma nent, durable, or indelible Ink, has stood the test 011 half a century, and has never yet been equalled, still it will be prudent, in order to avoid deception and imposing imitations, to see that the name " Hums." and the above address, are stamped on the glass of each bottle: also, to send' the empty bottles to the Proprietor, who will refill them at a moderate charge. SOCIAL GENEALOGY.—It is a curious and pleasant thing to consider, that a link of personal acquaint ance can 10 traced up from she authorsof our own. times to those of Shakspeare, and to Shakspeare himself. Ovid, in recording with rondness his inti macy with Pi cirtius and Horace, regrets that he' had only seen Virgil. (Trist. Book 4. v. 51). But, still he thinks the sight -of him worth remembering. And Pope, when a child, prevailed on some friends to take him to a Coffee-house which Dryden fre quented, merely to look at him ; which he did, to his great satisfaction. Now such of us as have shaken hands with a living Poet, might be able perhaps to reckon up a series of connecting shakes to the very hand that wrote of Hasid, and ofFelseeff, and of Dei dersona. With some living Poets, it is certain. There is Thomas Moore, for _instance, who knew Sheridan. Sheridan knew J ohnson, who was the friend of Sa vase, who knew Steele, who knew Pope. Pope was intimate with Congreve, and Congreve with Dryden. Dryden-is said to have visited Milton. Milton is said to hate & known Davenant ; and to have been saved by him from the revenge of the restored Court, in return for having saved Davenant from the revenge of the Commonwealth. But if the link between Dryden and Milton, and Milton and Davenant is somewhat apocryphal, or rather dependent on tradi tion (for Richardson the painter tells us the latter Iron . Pope, who had it front Betterton the actor, one of Davenant's company), it may be carried at once lion. Dryden to Davenant, with whom he was unques- tionably intimate. Davenant then knew Hobbes. who knew Bacon, who knew Bea Jonson, who Wilt intimate with Beaumont and Fletcher,-Chapman, Donne, Drayton, Camden, Sildea, Clarendon, Syd ney, Raleigh, and perhaps all thogreat men of Elika beth's and James's time, the greatest of them all un doubtedly. Thus have *e a link of " beamy hands" from our own times up to Shakspeare. THE iroOLTVICFI MURDERi. EIINT ASSIZES—MAIDSTONE, JULY U. The interest excited by the expected trial of Neste was very great. At an early hcpir the Court was crowded to excess ' • a great many elegantly -d r e sse d females - were of the number. Soon aft , elit•eight o'clock fir. Baron WOOD ente re d t h e Court, and the prisoner, James Nestle*, was placed at the bar. Mr. Anpnaws immediately rose and addressed his Lordship. )ire said that it was not till late last night he had been given to understand that a material witness was absent, whom the prisoner, from want of means, had not been able to procure the attend ance of; he therefore requested, on his part, that the trial might stand over, to enable him to procure the attendance of that witness, which he considered so material to his case. The Learned Judge said, that as• the prisoner had had plenty of notice of the time his trial would come on, he could not put it off on the grounds which had been stated. The indictment wits then read, which charged the prisoner with inflicting two mortal fraciures on the skull of Thomas Parker, with a hammer, in the parish of Woolwich, on the 3d of March last, and thereby killing and slaying the said Thomas Parker ; there were separate indictments for the murder of Sarah Brown, the housekeeper of Mr. Parker; for the burglary, and for setting fire to the house—to all which the prisoner pleaded Not Guilty. Mr. CHITTY opened the pleadings, and Mr. COM MON Sza.rearcr, in a succinct manner, stated the facts to the Jury as they appeared by the evidence. He commented on the aggravated enormity of the offence, which to murder had superadded robbery and arson, and congratulated the Jury on the late period at which they were assembled to try the pri soner, when the prejudices excited by the statements which had been published had had time to die away. He thought that no person, however poor in intellect, but must come to the conclusion, after the evidence should be heard which he should call, that the pri soner at the bar had been guilty of the crimes with which be was charged. If they should entertain a doubt of it, they would, as a British Jury always did, let the prisoner have the benefit of that doubt. The following witnesses were then called in sup port of this statement: Isabella Johnson proved, that on the 3d of March, between one and two o'clock, she saw the de ceased Sarah Brown the housekeeper of the de ceased Mr. Parker. Witness spoke to her. - Witness saw Mr. Parker between five and six on the same day in his own parlour. If he had gone to bed that night witness could have seen him, but did not. Mary Giles proved that she lived next door to the deceased ; on the $d March heard his door go about seven in the evening ; had heard no knocking at the door; heard it open and shut, heard a noise about eleven, but did not know where it was. David Brooks proved, that on the 4th of March be was quartered at Woolwich, and passed Mr. Parker's house at one in the morning. He saw smoke coming out of the chimney. At half-paq one, on an alarm of fire, he came to the house ; he brae open the door, and went its—it was locked within-side, on the spring, as in the day-time; the house and furniture were on fire—:he front parlom was burning, full of smoke ; he threw water into the room. When the smoke was dispeised, two bodies were seen laid on the table; could distinguish that one was a woman, but not the man; there was only one leg of the man left unhurt; a man's shoe was on the foot of that leg ; there was blood. on the floor behind the parlour door—no great quantity—Lit was then wet. On his cross-examination he said, that there - was a crowd of twelve persons at the door when he first went up—did not see any windows open. .- • William Lyon, at two in the morning of the 4th of March, came to Parker's house, on an alarm of fire; the door was open ; he went in and managed the engine -hose; the fire in the front room up stairs was 'extinguished; the parlour was smoking; when the smoke subsided, saw the skull of a human being on the floor; rot severed from the body ; it was rands burnt ; he gave an alarm ; th re w.ti a woman behind the skull, dead; her legs and Let were burnt, and her clothes very much; her head and face not at all burnt; there was blood about the nose; there Were m.irks of blows on the head—one on the back part; the bodies were laid on the table; the body of the man, in lifting, broke into pieces. . Stephen Howard proved, that on the Sd of March he was alarmed by fire, between one and two in the morning; went to Mr. Parker's house; the door was open ; got a ladder, and broke the windows on the ground and first floors; broke open the shutters of, the parlour and bed-room ; went into the first charti ber; saw a chest of drawers, all the drawers vic.e pulled out ; they seemed to have been rummaged ; pa pers were strewn about the room,' and all appeared in confusion; the curtains and counterpane li.k.ked as if 'they had been burnt; the fire t h ere did not seem to communicate with that below; a blanket was fas tened up to one window which faced the street; went into the bed-chamber; nothing burnt there nor dis turbed; neither of the beds had been slept in that night; examined the back-door; it was fastened ; wit ness forced it open. On his cross-examu the state of the beds. could not be sure as to John Hay proved, -that on the 4th of March, at two in the morning, he went to Mr. Parker's house; took the engine ; went in ; eight or ten people there went into front chamber ; there had been fire about the bed, but it was out. The fire there did not corn ' municate with the fire in the parlour. The bedding was not much burnt ; the bed was thrown out of the window before witness art ived. Thy drawers in every room had been opened (except in the parlour), so as to shew what they contained, and the articles dropped on the floor just under the drawers; there had been fire in the room over the chamber, that was a bed room too, and mote burned than the lower one.— The fire here could not have arisen from either of the rooms below ; the bed-curtains were nearly de stroyed ;.the he l d and bed-clothes very much iujured, particylarly the feathers; it must have bee► burning a considerable time. This witness described the state of the ballet more particularly, but not -usaterially . differing from• the t4armer witnesses. • William Campion, a Constable, psovad, dug, on the third 11. - . Or there was a box, containinf a consider , • , Able quantity of plate, some of it matkAl ,`. . • ~.:~ 4 _, ~ II