The National Register. — London, England, 1822-08-04 00:00:00

260 Mow 3intellignut. -STAFFORD CROWN COURT. SATURDAY. JULY 47.—Wolliiten Calkin was indicted for ounstauguter, committed in feloniously killing and slaying his wile, at Stoke upon Trent, iu the county sal' -Stafford. The first witness called was James Bayley. the father of the deceased, and of course father-in-law to the priso ner. Ile was quite blind, and being very old and decre pit, was examined sitting at the table. He stated that he lived in the nouse with the prisoner and his wife previous to the unfortunate event in question In the evening of .the 19.11 of March, they had retired to rest as usual, -without any appearance of quarrel. Between six and -seven o'clock on the following morning he was alarmed by loud Unlit,. In the cedar, over which his own bed room was situated ; there was a mixture a et; !tg and shrieking. winch he knew, by the yoke, cause from his 'laughter. He got up, dressed as fast as lie could, and and went into tile aillitig-tOOWI, to which his daughter Caine from the cellar, and sat on a chair. From what she said, he undersnual she was much hurt; bin being blind, he could not tell in what inannzr. She lived till -the 'mining oldie 26th of March, when she died. Iles hutbaud had kft the house before she came out of the collar; and he did not return till the fullowing when iie said nothing but went tip to bed. Ann Calk in, the daughter of the prisoner and deceased, remembered hearing cries and shrieks from the cedar, :between six and seven on the morning of the 20th of March. She was then in bed, but she ruse and went -down into the cellar. Her father passed her on the &sin. and on going down she found her mother bitting .on a barrel, and complaining of a pain in her head.— The deceased came back, and sat on a chair for half ass hour, then went out to Mrs. Nape's, a neighbour's Amor ; amid on return went to bed. She never recovered :sufficiently to work, but remained ill till the 26:t. of March, when she died. Mr. Martin, a surgeon, at Shelton, stated that he was called iu so attend the deceued on the 23d of Mardi.- -She was then.down stairs and sitting in a chair. He found masks of violence on her head, face, neck, and shoulder, which were greatly discoloured and swollen. .SIIC was unible, distinctly to articulate, in consequence an the swelling of her toni s uie, which might have been occasioned either by its being caught between the teeth, -or by external violence. The next day the swelling was increased, and the patient weaker. The witness attended her till her death.—He did not open the head. because Ate witness did nut think it necessary, and the friends did not desire it: but he had no doubt that the external violence was the cause of her death. Mr. Barun Garrow recapitulated the evidence, and the jury immediately found the prisoner Guilty. The learned Judge, after expatiating on the enormity of the offence. observed, that this was the first occasion on which he had been called so execute the new law respecting manslaughter, by %elite,' a party convicted of the offence is liable to be punished with imprisonmen. at tise discretion of the Court, or by transportation for life. Were it not that the law had passed too recently to be generally known, he should, in this case, so nearly ap proaching to murder, have felt bound to inflict the 'eve rest punishment in his power. The sentence on the pri stiner was, that he should be imprisoned and kept to hard Labour in the house of correction for three months. Thomas Hudson was indicted for manslaughter, in killiug John Betts, and William Walthew for being fe 4onausly present, aiding abetting. and supporting Win in the commission of die crime. it appeared iu evidence that the prisoner Hudson, the deceased, and others, were at a wake at Yoxall th Bth of July, and had been drinking at a public-house from ten o'clock in the evening till day-break on the following morning. Some dispute arose between Hod son and Betts, and they fought three rounds; when Betts said, " not fight any more; 1 have a wife and funnily, and if I get lamed or hurt. who is to maintain theist Besides, I aut in a gOOd place, and I do nut wish to go house with the scandal of a bLu.lt eye."— Hudson then challenged any man on the ground to fight; and Walthew, who was his master, said he should fight any man, come from where he would. A man, named Crowley, usually called the " Little Collier," accepted the challenge, and asked the deceased to re nnin) and see that he had lair play. Betts assented, and pulled off his coat, to act as second. On this, Hudson went ap to him and said, " You're the man I mean to lick before 1 go." Hudson and the deceased then began to fight; they lought one round and both fell. As Hutt on' was skim& Betts took hold of 1 by the hams and threw him, which is not considered as exactly fair play. so-Wlien he gut up Bettssaid " I'll not fight any more," and went to take his con and dreu. Walthew said to liuthon, " 13—ii your eyes, follow hint up." Hudson then went up to him and struck him on the side of the neck. He fell backwards, and rolled first on his side, and then on his face, and immediately died. A surgeon was sent fur, who examined the head, and found that the blow had occasioned death. The prisoner Hudson made no defence. Walthew said that he had refused to lend his set want money relight nor. and ouly desired him to strike again, because lie thought liiinaelf very ill used. A witness, iu whose em ploy Hudson had lived, gave him an excellent character for honesty; and the apothecary who attended Walthew's family, said that when any of them were ill he showed great anxiety for their restoration to health. Mr. Baron Garrow, in addressing the jury, strongly animadverted on the eionduct of the publican who had permitted the drinking till daybreak at his premises, and called the attention of the inagistrites of the district to the better regulation of the wake should it be suffered to continue. He stated the evidence, and observed that if they believed it, they could entertain little doubt of the guilt of baba saw prisoners. Tbeisarulsowevar, found Hudson guilty, and acquitted W Ali hew. 311.13a:0n Garrow said that ‘Valtltew had been a most THE NATIONAL REGISTER fortunate man. Had he been found guilty by the jury, he would have received a far severer sentence than Hud son, who had some excuse of irritation and warmth to plead. The sentence on Hudson was ' that he be im prisoned and kept to hard labour in the House of Coffee. non for two years. • " • Toe trial of prisoners finished this evening, after one of the lightest as►izes ever remembered in the county.— 'July two causes remain to be disposed of on Monday in the civil court. in consequence of the little business at Stafford, and the great pressure expected at Shrewsbury, the Judges have determined on commencing business on Wednesday, the Commission day at the latter place, instead of Ihtirsday.—Some criminal cases of rely great uttered stand fur trial. ISURREY. CROWN awe. _ GUILDTOKD, Aua. I.—. John Forbes Reynolds, a young gentleman of tespeetabir appearance. was indicted ,•.- tel * iy krlliita and staying Ricriaro Si;;;;;; at Gosh:ikon, on the 29th of Julie ::131. Th, case proved in evidence on t.re part of the prose • cit.,on wJS (ilia :—Ttre prisoner.:' young loan about /3 years of age, was in partnership with iris uncle, Mr. Jacob Reynolds, one of the Society of Friends, and car ried tin the business of a linen-bleacher at Carshalton; the , recast(' was a man aged about 75, by business a roaster bricklayer, and of considerable substance. The deceased had been in the habit of doing work in his trade Gtr Messrs. Reynolds. 011 the writ of June lie went to the prisoners country house to demand the sum of e7l. dm for bricklayers' wink done. He saw the prisoner, and in v tautiting tune repeated two or three times, " Now, Sir, state your time." It was stated, on the part of the prosecution, that there had been an agreement to pay the deceased every month fur such work as he might du from time to time. The prisoner offended at the mode of address above-mentioned, told the deceased that he should not be paid before Christmas ; npon which the deceased called him a d—d rogue, and used other offensive language. The prisoner pot his hand on the shoulder of the deceased, and advised him to leave the premises, and called to one of his men to turn the de ceased out at the gate. One of the men interposed, and advised the deceased to gu quietly away. The prisoner then ordered a constable to be sent for. Some - • able language was repeated by the deceased, and the prisoner in a passion knocked him down with his fist. The de ceased fell senseless on the ground. Mr. Jacob Rey nolds, the prisoner's partner, shook his head and said, he ought not to have struck so old a man. The prisoner replied, that he had been provoked and insulted by the deceased, who had called him a rogue and a rascal.— Some of the prisoner's labourers carried the deceased away. He recovered his senses during a short interval, but in four or five days afterwards he died. and upon his head being opened it was found that he had died in con sequence of a concussion of the brain. The prisoner hat; immediately seat a surgeon to the deceased, upon (intlingatiat he was severely hurt. The prosecution was instituted ley the sons of the deceased, who appeared to be men in respcciahle circumstances Two surgeons gave it as their opinion, that the deceased had died of a concussion of the bratu in consequence of falling on his head. lite prisoner, who appeared a good deal affected, put in a written SUIICIIIPII%, in which he expressed sincere sorrow fur the unfortunat: and fatal intemperance into which he had been betrayed towards a man of the de ceased's years; but attributed it to the very gross and in sulting language used to him by the deceased. Three of the prisoner's labourers proveil that the de ceased was very abusive, and amongst other offensive names, had called ►he deceased a d--d half-bred Irish rascal, alluding to the circumstance of his father being a native of the sister kingdom. Two medical men •f eminence stated that, in their judgment, the deceased died of an apoplexy, which, how ever, they admitted might have been produced by the violence to which the deceased had been suljected. Mr. Justice Park santu►ed up the case fur the Jury with great impartiality. toe Jury fumid the prisoner Guilty, and he was sen tenced to three months imprisonment in the county gaol. CIVIL SIDE. THIL LIN• V. EDWARD beGRATH. This was an indictment against the defendant Ire con spiring with one John Maberley to cheat and defraud Sir Thomas Swyrunter Champnys, Bart. of certain bills of exchange to the amount of 2,5001. The defendant, Maberly, had not pleaded; Mr. Itl'Gratit pleaded wit guilty. The indictment alleged, that, on a certain day in De cember, I tio, the defendants conspired to cheat and de. fraud Sir's'. S. Cliampnys, Hart. and in pursuance of such conspiracy did obtain dicers acceptances of Sir'[. S. Champrir, lint. When the Baronet came to be exa mined, he stated, mat his father did not die Willi July, 1821, so that he was not in 'mint of fact Sir Thom as Swymmer Champnys, Bart. at the time of the alleged conspiracy. The defendant's counsel objected that this was a mill. description of the prosecutor, and consequently that the indictment st lail. Ttie Lurd Chief Baron was dearly of opinion that the objection wan fatal, but sent to ascertain the opinion of Mr. Justice Park upon the pint, who concurring with his Lordship, the learned Judge directed an acquittal.— Verdict—Nut Guilty. police. ROW STREET. NOW. CAS/ or Foutica Monday evening, John Brookes, alias John Benjamiu Brookes, a sum reported to be living it, considerable alluence, mad whale resltleace is in Broad.coart,Loavarre, was brought before Sir R. Hirai'', in the custody of $lllllOll, one of Ilia prisioipal officers, on a warrant, charged with feloniously uttering and publishing as lino a certrin receipt or acquittance for money, to the mamas of 1:d. 10.4., he will knowing the wtuu to lie forged, with intuit to delimit] Wiii. Cies i.e. Tile circumstances 1104 Of were as follows Clarke is a lieeelied vitelualfer.and some considerable time ago he employed Brookes, who, he thought, was Monett's. attorney, to recover a member of debts for him. Among other persous whom he well employed to see was a man named Sutherland, who was indebted to Mr. Clarke in the sem of ISt. les., and the latter having harsh that the money was paid , applied t o Brookes for it, hut was answered that he must look to his (Brookes's) employer for it, as he was only clerk to a Mr. INIACUM, who was atone responsible. Mr. Clarke had not before heard of Mr. Isaacson, and acid he employed Brookes, and Brookes only, and to him he should look fur the money. Brookes refused to pay it, and Mr. Clarke entered an action against him; to which he pleaded, first that he was not liable, he being only the clerk to the at torney employed to sue fur the debt ; and secondly. that Clerke had rewired the money in divers payments. Upon the trial of the cense in the Court of Commits Pleas. fore Mr. Justice Park,lsaacsou was called for the defence, end swore 11i41 Brookes was his clerk only, and to mare wish the other plea of set-of, the instrument which was the subject of the present charge was put in evidence. It was a check upon Brookes's backers, Messrs. tiodsoit and Stirling, for 101., and on the back of this appeared an endorsement of several items amounting exactly to 51. les. which it was alleged was paid over to Mr. Clarke, mud which, with the check Itself, amounted to the sem sought to be recovered. Under this endorsement appeared the name " William Clarke," written appareutly as a receipt fer the whole sum. Tsui, document was put in and relied upon by the counsel fur Brookes as a complete answer to the claim of Mr. Clarke; but on the part of the latter, it was denied that he had ever received a shilling of the money, or hail ever seen the check ; and it was declared that the signature" William Clarke" was a forgery. The case went to the Jury, with en observation frum the learned Judge who tried it, that if they believed the sig nature to be genuine, there was an end to the plaintiff's demand. The Jury found for the plaintiff for the full amount. By au oversight, no application was made to impound the check, and it was returned Into the posses. sion of Brookes. Subseqatently, a released was obtained in the Common Pleas, calling upon Isaacson and ■ man named Clarke, attornies (under whose respective names Brookes hail practised), to show cause why they should not be struck off the rolls fur perm:thing hint to do so; and upon Brookes, why lie should not be committed for a year to the Fleet, under the act of parliament, for pre,. ti.ing, lie not being an attorney. Mr. Clarke, In his affil. davit, in support of that rule, swore that hh signature was forged, and that lie had never seen the check in question, esstil it was pruduced on the trial. Mr. Clarke's attorney anxious to get possession of this document, procured tie attendance, by summons, of Brookes and the other parties before Mr. Justice Best, at his chambers, and upon a beating, the learned Judge ordered that a copy of the check should be sent to Mr. Clarke's attorney the follow. ing day; and that by the next Friday, Brookes should predate. the check itself at the Judge's chambers. On the Fridley, Brookes attended, and on being asked for the check, he said, " he had taken advice spew the matter; that he had been told he was awkwardly situated, and had been advised to destroy the check, and bad destroyed or words to that effect. Application was then made to Sir R. Wrote mid Mr. Halls to grant a warraut for forgery, bat it was *owed to, on the ground that it would be impossible to prove the case without the production of the document alleged to be forged. Mr. Hill. Clarke's attorney, however, con. tended that It would be lutssible. tend cited away eases in which it had been so decided, particularly one ewe where a MR swallowed a I. note which he was charged with forging. The note had bent previously identified, and upon the trial Ilse case west. to the Jury, and he was ac quitted, but it was upon the merits. Mr. Hill having also obtairied the opinion of Mr. Ropiness' and Mr. Adolphus in his favour, the warrant was granted. Mr. Hill now produced oho copy of the check, which was scut to hitu from Isaacson suirsuant to lb• Judge's order, and asked a young man named Turner, who said lie was clerk to Isucsou, if it was his ( artier's; writing. Turner said, after much hesitation, it looked like his writing, but he did not recollect writing it. He was pressed hard by Mr. Hill, but refused to give any other answer. The copy was dated on the 15th of June last. Brookes, in answer to the charge, denied that any for gery had been committed, and accused Mr. Hill of insti gating this prosecution to avoid one which was about to be commenced against himself for perjury, in swearing upon the trial of the cense, that he (Brookes) had made a confessiou (of what kind did not appear) to hint at his own office, where he never was in his life. That prosecii. Ron, however, would still go on, in spite of this proceed. lug, as long as he (Brookes) ha d a guinea. Mr. Hill said the abuse of such a man as Brookes slid him honour. He was afraid of no prosecution 1 ' self, and lie instituted this to rid society of a nuisance with which it lied been so long pestered. If the magistrate would commit the prisoner fur re-examination, he pledged himself to bring forward evidence still inure conclusive titan that already adduced, and a scene of iniquity not often equalled would be exposed to public view. A bill acknowledged by the cues k, Tomer, to be written by him was produced, and Sir H Birnie, uu compering it with the copy of thy check, said they were certainly w ten by the same person. Brookes submitted, that without the production of the document stated to be forged, the magistrate could nut commit hint. He also denied that he had said before Mr. Justice Best that be had destroyed it. Mr. Hill.—l have sworn you slid, and I shall subpssuo the lam tied Judge himself to the Old Bailey to prove that fart. Sir R. Birnle said he should commit the prisoner. Brookes was accordingly . committed to the House of Correction tar further cumulation. MARYLEBONE OFFICE. Efate/ton nt NACU LAIG.-011 Fliday last a most extra ordinary investigation took place at lists office, before E. Griffiths and J. Kewlinson, F.sqrs. the presiding mails. Irate& on the bench. The parochial officers at Marylebone had issued an order of filiation for a male child against Joseph Wilfred Parkins. Esq. who attended with Mr. Hill, the solicitor, and two ladies, having disputed the charge made against him. The parochial officer haviag pat in the examination of the female and the usual orders, she baiting become chargeable to the parish, suit the seas gistrates having read these, proceeded in the examination. Hannah White. the young woman, was then called She possesses a most interesting appearance, and on being sworn, she pointed out Mr. Parkins ( who sat on the bench) et the Selina of the child she held in her arab; she aicu I ,