The National Register. — London, England, 1818-08-17 00:00:00

2(i2 COUNTY ASSIZES. ' CORNWALL. TIM RING V. MAIIV ANN nICXER. `fi , il vent an indictment a2.tisist the defendant for a libel, pnbtshr•l in a eonsitry new spJper, called the ire,t Briton and d Aired Ilium the plaintiff, Ali - . R. Gurney, tin younger, N'ice-ISaillett uf the Stamialy Conti, in the county of Devon. The C41:543 traw no sooner called, than the Ludy appeared in Court as her own advocate, and was acconinto /Cited at the Rariistei'v table. The pleadings were opened by %Vitt!. Mr. t•erjeant PI II then stated the case, and read the libel itmdfs as it a PPeel . eit in the tt est Briton, in the shape of a lclter, to the toiliiivine effect : sin—The fir* which I am about tocoonnunicate, may, perlems. apywar store siii ; mlar than important ; although, in times less cala .!itous than Ow present, the btateravnt of any circumstance illustrative of the borough-mongering system, now universally execrated, must of itself excise an interest; it is something nt w in the history of this country, that it slmuld possess an out-lawed Judge. It might be Billed an instance imp:ltalia:a in the annals of Europe. if a case had not recently occurred at Vi,nna, of a Magistrate and Minister of .Ai•ticc being s, titcneed to the punichnient ol sweeidng the streets. A 4;<•mlentrn ot• the name of 'I omkin, was some time past removed from the office of V tee• %% amen of the Stantia::.• Court, in order to st.alw room for Mr. It. Gurney, son of the ltev. H. Gurney. of elec. tinuecring notoriety. This last Gentleman. not sattaffal with two considerable benefices, the reward of former services. rut procuring this situation for his sat, obtisinedac the same time a promise, that the salary shook' be octopled—a promise which, to the honour of the pat•on, has not been Unfilled. SOW) after this promotion of Mr. e;urney, the younger. it untortunately happened that he was obliged to leave the country. it. which lie had been appointed to exercise judicial functions, and this necessity arose flout pecuniary embarrass ments. •It. conseqwitce of this absence, a petition was presented to the Lord tVanleti, complaining of the negli•ct. mil delay of justice, occasioned by this conduct, and desiring the appointment of a new \•ire-%Vanden, but no notice was taken it this representation. After this statement, it may be a matter of wonder that he should still re tam his place; and the fact can ouly be am:alto the famous borough. mongering system, and to political motivec. Lord Yarmouth lists lately purchased largely in the horangh Trcgony, with a view of opposing tier interest of tile Earl of Darlington. Unties this protection Mr. Gurney found it convenient to go to the Continent, and was twice out-lawcd in the market places of Plymouth and Deck, which outlawry has not been reversed. Instead of attending his Court, he was thercthre obliged to secret himself. Now, Sir, after this state ment, -no one can be at a loss to conjecture what are the motives which operate in retaining this man in a situation, the duties of which lw is unable to 'discharge. I forbear occupying top large a portion of your valuable and patriotic Paper, or I could mention many anecdotes, &awing how Mr. It. Gurney. and his son, have profited in the school of munition. I shall only add, that lie de manded various sums of money from the Suitors, over and above the fees of Court. ie the only two causes which he ever decided, viz.— Lopez v. Doolnir,e, and Whitehair v. Webb.—l am. Sit, " AN ENEMY TO 101tatIVTION." The latarnod Seijeant then proceeded to state that the brother ot the rh•fciiilant hail been S. erviary to the Vice:- Warden, a•iit upon his information she had ventured to chargA Gm hey %Oh bribes) and con option I and with the-speritie ai tif extorting 20 g AS from 'fir rariM ain cause, ty loch he re:ll%rd to decide, till the sum In quit.% seas paid. The defendant, he understood, would be her oft n 3dwucate, mid was a Woman of nu muletstandisig.— Ila had to lament Ib it she did not make better use of the faculties w i %Lich Pt ot Weiler hail been pleased so gift het; it was not too tale to make an atonement, attlsofigh that atone ment inied tollow a vr, diet of guilty. Mr. E. Build, the Editor of the West Bello*, proved the libel to be the composition oldie J.limdatit. The Lady ii vt , rose, observing that she stood there with revert - Dim, bill Will/Mil fear. Fedi'. n 111441 1; nay the iuseparablr cone alit .if guilt, am! of any offence in a enrol View, her conseiciii e. emit ely at-quitted her. She did nut appear there personally, firm, any feeling of presumption, but from her in ability to proems. Counsel. 'llw anability Was Caused by a debt due to her brother, aliicb the' plaintiff ternsed to pay, an d her own disinclination to eio roach on the comforts of a iiloWed parent. Slit' might be indiseteet, but she mix not conscions of criminality. It airs the first lime she hail ever entered A foot( of Joshes , .45111 ink purls could entertain a deeper sense than het self of the excellence ill tile enlightened idiorisprodence, which ca. established in this ei3111I• -try. The pi osecutor would, however, derive his shirt ad ♦autage limn her ighorance (tithe law, tor idie could milt lake Ilse plain 111111 sitnplu :00111111 of denying the talseltuull and malice charged in the intlientient. With the permission of the Sae min lead a pass,ge from land Ellenbut °ugh'. address to the Jury on the It ial of Wm. Cobbeit. t Here the Laity read an extract ft um the ri port' speech of the Chief touching tlre lieense of discussing the character and conduct of men in Public Offices.) The main point on a Inch :41.P rested her defetice aas, that 31r. Gurney was a Puldie Officer, and that she, and ever) other subject, a ere entitled to esainitia his conduct in that capacity. She was fully pie pared to prol e the tiutli of every statement contained iu the punk-lied lette7. ?tit - . ;limiter Iltirrough. —That the law of the land does not allow you tit do. Ilse thr-remihot proceeded, expressing a Ilnpe that she meld at least he allowed to plat e that the publics Mot in question aa• no :ibid. The July, she trusted, ..ould not be induced, by any legal sophist's, to sanction a inciple e:tobtily ails et . .e to tcliginn and lo motels—Thal truth a libel. it 14. is the doctrine not of the law, but the auettor• of tyianeiy, vier igil slit to enslave N'imgoattre, not the vindication of character, ails the: imam thy and uwuauly l oud ly.' ~t the e t ettb.r. Had t ie I t s-pus ar;1,11,-,1 by a lie tl 61011glit his aruuu, ,„ , 5 1,,,•1 1 , as a lac yet, lie most have Almon, that siejilo,.ce might be protineed, tt jib 1e::41(1 In eVesiy filet .tateil i s , l i p . p inura tun He had, boa et ei , adupled the C0%14114 Tr , ..... r tit 'minding a letnale tor an act trotting to 4 risen .40 . thus prase; he himself basing, net luny sin. e, been sen. •••Ileell lal six tin.' imp* ittnn ts,pl.l lsy the Cum I of Ki ng ', lit i •suli, 101 r plAithl breach of ;he peace. in horse.„ hipping the Solodlotetietieral. stiiteis a bit le met: hail petit to the Editor of the ;Fest Briton, refaired whol:y to elle ogferi.el and leethlier lett I 01 Ilse pi oseciitio ; and stills abut sobniis.iiiii to the Cons I, she :11.111elientleil that the einiibret of eyes y pei•on in 4 public as open I,t cabin TIIIS position, as she had Lit 1414 Misled, she hail Sr.. aaUw • its of 'mid Eiletibinough in maintaining Mr. Justici Burroughs—Laid Elleolmiouels m vrr enIII•I Isilk sewn ii.. 11.441.4., or assert that a man, other, be 'dial: t ett with Mainz% and corruption, liy any perscli sire thinks Its ini:di.ll silo! a statement in I Ile %%01111,- 1 aut pin teinsgiessitig the law at etety from a false notion tit walla! fight. Massy tientlemen at this bat would have been happy lo assist yon ; asol aouid, 1 ant IlUre, have ischli.r.rl a very erent tout of defemeei Airs. 'tat kyr coutistatJ i aall bilged Ware W read a clams 1:777 THE NATIONAL REGISTER of the Act of the 32d of (eo. 111. by which the Jury, I 4 Vibe of libel, ancii.puaered to .give a verdict on t , whole mutter, and on the general .issue of guilty or n guilty. Mr. Jivaiee Burrongh.—Tlik art was never construed to enable a defeadant, upon an int:ietinetit, tojustify by moving tha truth of the libel. Miss Tucker proceeded, and remarked, that the essence of the indictment consisted in the evil tendency of the publi. cation. This tendency vise sea• prepared to show was good, asd WOWIti .Calltuliti, that resentment might exist without malice. 'nit , celebrated Mr. Locke had quoted an expression from St. Paul, to this effect —" Be ve angry, but sin not." If the law of libel really was chat she hail heard it interpreted to be, a new system of ethics ought to be prefixed to it. No Lawyer or Legislator could intend to punish where there was Se, malicious motive, or intentional pi ()vocation. The fake. hood and iniliguity were all on the other side and she hoped no legal sophistry %%mild induce the July to convict her of au offence whet e her object was met itorions. Mr. Justice Burroogli then charged the Jury, expressing his decided opinion that the publication in question was IL bellims in the highest dcgi et . 'llse Jury retired for about half an hour, and delivered a verdict of—Nut Guilty , at the Judge's lodgings. • SURREY, WEnscsDAY, AUGVIIT 12. MURDER. VIE XING V. CHIN Nll, AND C7II.I.eItAFT. At a very early hour ilii• moaning the Court, and all the avenues leading to it. were filled lip, so great was the public Anxiety to hear the trial of these prisoners. At eight o'clock Mr. Serjr ;int Lens proceeded to the Court; when the prisoners, 4; Chensiel and J. Clialcraft, were ar• ',signed for the wilful murder of G. Cliemsel, at Giodalining, uu the 10th of November last : and on a Attalla indictment, fur the murder of Elizabeth Wilson, by fistettaring their skulls with a hammer, and cutting their throats. Otianey dimly as leading Counsel fur the Crown, stated thr case to the Jury, in a most adreirable speech, fur the lecid arrangement of the eirellillitalleeti. In his prelintinaly oll• set valuoils, he said, that even the horrid crime of murder had its gradations of atrocity. It was aeravated when committed by the strong upon the feeble and niare•isting—when by the servant against his master—and shove all, when by the son against his aged father. The last was the dreadful charge which was imputed to the prisoners—the one was the son, awl the other the servant of the deceased. He mentioned not to excite their passions ; on the contrary, they mast lot sutler themselves to be transported by their indignation at the crime, to he ciliated, by a premature judgment, to proitoinice the accused guilty. They must discharge from their minds all they had beard elsewhere, and found their verdict only upon the evidence which should be adduced before them, for mum that alone they had sworn to found their verdict. With respect to that evidence, from which they must form the result of their opinion, it must of 'leers. city be collected from a variety of circumstances, all tending to the same end. The !mutterer alid not do his fool deed in the presence of witnesses. lie chose night and solitude for flit perpetration of his ci hue. The deceased, Mr. Chen net, was a respectable tradesman at Godalming, near this place, and was also a man considerable property. The prisoner C.1.1•11Wel was his son, the other prisoner his carman, and had been so for many years, he bating a little farm in addition to his trade of a currier. Elizabeth Wilson, the other person unuttered, was a harmless old woman, who had been also for many vents his housekeeper. The prisoner Onlinel lodged in the toe n of Godabning, and nsnally took his meals :it his father's, but d:.l not todge there, and it would I: . 'unveil had not that filial feelieg w Melt a sou might to have thr *father. Oil the mining of Tuesday, the 11th of Nov. lasi, about seven o'clock. the town of Godaiming was alarmed with the account that 'Ma. Cheiniel and bin housekeeper were both f I murdered in their house, which was in the middle of the street at Gadalming—the old gentkman in his hid, and the tuiseki•eper in what was called the front kitelien. They were. lash seen alive at about eight o'clock on the aloaday evening, and frum circumstances the 'mutter st hat r been cummitted front nine to ten o'clock. The old gentleman was a very regular man, and went to bed morally at mime ; his housekeeper sat up after him for souse time, aid usually roiled to rest at 10. He was twain ill his bed, and therefore it was done after lie had retired ; she was found in the kitchen at work, not having been to Med, and the work vs hitch lay near her was a shirt of thin prisoner's, which she was mendinc. It was therefole pre sented, that it Will Intuit. her usual time of going to rest. The pers. n also who lived iu the nest house, and whose bed-loom sAljoined to Mr. Cliennees, wens to bed at 10 o'clock, and COOl4 hear any thing that passed in his icons, but did not hear any noise after that hour. In addition to this, a person etas passing the house about half-past aline, and heard it scream, tool aftert% arils sosurthing t it lid t f.i.., _ll_ t.._ 110. suspect any thing of the dreadful area which was then probably in pc( petration. The next morning, when at rattanll servant of Mr. Chemiel's came to the startles for the horses At alioni six, lie f I Clialere ft there as ; mid it Was the con. ding. of Clialeralt that esetled suspicion against hint. They dresved Ihcii /wise', and went to the house whets usually the old gentleman and his housekeeper %stolid be sliming at hat hour. T. door was op. it, not no one appeared ; ;it length Cli4iel aft %%rill jute tip, trout kitchen, and the horrid ' hint eahing his master, lint no mower. Now it would he proved that the murdered body or the I 1111 l sekecper laid in such a larsitiitil, 11141 W 111.11 lie opened the ilttor Iry must have sera it, and indeed most have stepped over it to get to the stair lout door, and tin refute his affecting not to see it was matter of great simpleton. Ins atltliiioll to this, when the alarm was given, lie stated that his ilia& er was mintlem IA up stairs, before he or any one bad been up stairs. He St a known us he the cunstaill c pantos of the oilier prisoner, Chimer', and them efute he was immediately seta lei, and on searelimg the box of Cheituel two 11. Beek-irides wcit. 1111111,1, 4.11 j of them slightly tinged with bl I, Ss larli 11014 s a ituld be tweed to the possestriois of the father it lira days br rile The primmer at osier auk now ledged the notes lead been laht fathei'•, a nd said that his father date demi to ham toe the pre.. ecetling ashdac : sholllo, 'lowest r. call VS111(11111* It) pause, that the prssomer, in the early pat t of Ilnuolay,votaltt not pay s !•11111 ot eftl. but about 10 o'clock on Monday night, alive the' 'tier was snopttsed to be rouuuitue 4, lie went to the Mel , . mond Arms, in that tows, anti squandered mousy arty piii. tint ly. As they Were both 1. ti, they Wel Clt quite d to say it het e they had bet it, moil tt bier they *el Ihro ui tie 3litaiday eve g. They both ago erd that Ili, v had nut Z.lll each ether preCe.lllll4 Friday. The falsity of iii• atm ement world be itiont;ilaist Iv pros ed, our both Clialerist I and ('kennel were seen on the spot at half•past male on the everting of the murders, and Clieustel was Peel, standing at the vary passese which led to the deceased's Louse, and a . • .• ; . ‘i AUG. - - witness afterwards passing by saw a woman walking bark wn rut and forward before the dour, apparetatts on the %soli h. '!'Lis woman, it was 11(1%% rsident, was one Sarah Ilurst , an aceom. plice; and Chaleraft was seen asking too:1111s his home. Horst following hint, and Cbenriel at the same time went hack to the Richmond AMIN which he bad left scone litre before ; he insisting that be went out to look after a woman, and was gone so short a time, that a pipe be left behind was Wit when he leturned. It was also singular, that Clialeraft hail a short time before declared, that " bete would be a bigger blow up b. tore long than Godalniing bad evt r seen." With respect to Chentiel, the prisoner, lie was se. wilted from his wife, and was in the constant habit of using invectives against his father and the old woman. These were the circumstances of suspicion; but iu addition to this, he should call Sarah Hurst, the accomplice of the deed. The Jury knew that an accomplice was an infamous charaeter, and eught not to be believed, 'unless confirmed by other testimony ; and in justice to the prisoner, let was bound to state, tic-t this accomplice, Hurst, had arensed and B. lie would not mention tomes--who, opon investiga tion, were clearly innocent. They would hear the whole case, and decide impartially. For the prosecution there were then called about Wily wttme•`is. Georgi. Woods and Charles Cotton roved seeing the old woman alive about eight o'clock uu Monday, the lOth ut November. d. Cursieigton, the farn.ing servant, staled, that on Tues. day nun sling, about half past six, he a en; to the stables behind the house ; lie (mind Chiller:ill there; the side door of ;he kitchen was open, but his master was nut up, nor the housekeeper. He ouch Chaleraft breakfasted in the back kitchen ; and as no one appeared, Clialeratt said lie would call them. !le heard him open the door leading to the kitchen used call " 'Master;" hut 110 reply was given. The witless* atter% ards scent, and on opening the dour, he saw a puddle of blued, and the housekeeper dead ; lee put his finger down and touched the blood. They thee both ran away into the sheet, and alarmed the neighbours. W. H. Colton, the nest. door neighbour, stated, that he went to lied at ten ; his dime .way faced Chemed's kitchen door, and at ten there was nu light, and all was quiet ; in the intern ing lee was alarmed with others. Chaleraft was standing opposite the house, and said Old Bet and his master were both nem derv'. He, with others, searched the hotie ; the heads were fractured and the throats cut. Seveial persons, who had assembled at the alarm, were examined, and they agreed that the old gentleman was found in his bed, and the housekeeper in the kitchen, in her clothes. Cliental, the son, was :Cut for to his lodgings. He went up stairs at he request olsome, and, as described by one witness, lie gave a side look at hi. father's corpse, and then sat (town, and co. vered Isis face wine his hands. In the house was foaled a bonnier, which had unquestionably been the weapon with which the skulls of the decease d had been fractured, and a Case knits coveted with blood, with which the throats had been cut. Tin money in the old man's breeches., about 111. had not been touched; lint the till in the shop had been lures el, and its contents taken away. One witness, of the name of Keene, said, lie thought lee saw a spot of blood on Clialeraft's frock, near the elbow. Win. Parsons, a surgeon, stated, that he saw the borlas early in the morning of Tuesday, and lie was of opinion that they were steemeed first, and had their throats cut while in a state of insensibility. A witnesses of the name of George Anstin, who spoke to the position of the body of the housekeeper, slated, that Chat craft must have seen her on the floor when he called his mas ter, and that he made him spew him how he stood when he called; at the tame time asking him why lie did not open anothesr door, which was the more obvious method. He made use set this remarkable expression, " you would have done as I Jid, if you keen the pedigree of the affair as I do." He also asked him why he' did not go up to vet' his master's; body. He replied, that lie foetid not for all the town, because iie never saw any man murdered but the man at Peterstield.-- Witness asked if lie meant to say he lead seen that man mur dered? lie said, 1:11 ; lie meant after he was mut &Ted. 'f he notes found at 4:helloed's were produced ; one of them only was slightly tinged, lust not very apparent whether will' blood re not. Both were found Guilty. Thu Learned Judge proceeded to pass the waled sentence of the law, apparently much affected. He told the prisoners, that they lied been foiled guilty by a Jen yof their country men, after the most min nre and pationt investigation of their case; anti lie might now mention what lie had studiously ab. stained from leaning before—that lee thought the conelmitia they had come to the only one to which any reasonable 111.111 could come on the evidence against them. After the examina tion into which the Court had already emceed, he felt that he could not much longer make a demand on their attention ; but he (mid not omit stating to the prisoners the situation in w hich they stood with regard to the deceased. The one of them stood in the relation of a son —a relation which should always create the utmost ucerrence and love; the other in that of a servant, whet should always cumulated dilly and re spect. Minder tech in these relations could scarcely admit of aggravation, but the crime is their case had been sags ievateil by circunestaieces of almost unexampled en entity. The one had lifted up his hand, not unly against his father, but that father aged and feeble ; amid the other against a mas ter whom lie himself had denominated kited cud leenveolent. II they had not yet preps; ed their minds, by repentance, to suppheale that Ouch whom they had offended, they should employ the tew hours that yet remained Mr that purpose, without uselessly denying their guilt, awl . "ideas our to place. their 1.011118 lei a s(le 10 to calve herein;; in another would fur a deed like this. H. hail now only to pi out:once the :soled seie• tenet' of the law, which was, that they lee taken hence to the prison 60111 whence they cause, unit use h.ielay neat Carl irJ to il,e ;dace of ckeention, there to be hue; by the neck till dead, acid dicii botlits altetwarchs he be gives ) la be anatomised and cheese cteJ mem ding to the Sweatt.. '1 his beiteg the sentence of the law, the Lord have met cy on their sunk. The pri soners were then led a% ay, C ra putt esting that he was "as innocent as the child unborn," and Cletsia.el see, mg noshing. The lanes se t nets a preson about 40 ; lit is a stout simile 111d111, rather iewlined so he corpulent, with the WPftline of a good lice, appall-04y rendered heavy and Cull by We cite et. of iiededener amid erregeolar habits. He was dressed ilea Mau' il jockey coat, a snipe el es nisi coat and a black neekee cheer. lie disalnye el, on his entrant c into Cone t, the utmost Statelier ceice 1.. Ills 1 •111111111;11, 111111 did net appear to be ineele tune bed Si% any Heise that ocean red.—'l he ;seismic' . l'halve aft appear ed in a ~muck clock, a colonies' leamikerehie t tied eerie. 1ei...1y about his neck ; lie lead all the ust is iippearanee of his Aitisatiuti, joined to a considerable degree at atesteuess in 110 rye and general intelligence in his countenance ; he see-nerd secure and coutitlen:, but at the same time camel,: and att::u, tive. • . _ 1 •,. .• ?lot r ` • • ~:. _ '1 ~.ir=