The National Register. — London, England, 1818-08-09 00:00:00

COL'STI LUL►..I 1:!t. Fx - rit snantsr ARV (7 vsf.—Nlieltacl Shipman, a distentcr. a man of iHiylerls , resident in 1-litickle, ssithlt I:1 miles of was called to answer the compiaim of a too:Vali fill girl, named Emilia 1)altom Ile took his seat at the table opposite the box, and hail frequent communication with Itia solicitor tim inz the trial, w Inch lasted 7 hones. 'The indictment charged him with havitig assaulted )hiss Dalton, and administered land:mum, or some other exciting dram, for the purpose of protliteing nneonsciuo•tness, insensibility, or excitement in that s•onug 14,1 y, with the view of tendering her subservient to his passion•. There were other counts in the indictment, one of which charged him with a common assault. Mr. Clarke opened the ea , c, which he said was the most aggravated one he hail ever heard. Ile made !mother cont. meat iipon it than that the evidence would be found inenn trovertible; ii %%mild diselese a system of villainy the most depraved ; and that die honour tit the sr % an d common h u • nattily demanded an attention I the jury irrapable of being prejudiced by atiaddress to their Flo lings, anviipportial by powerful testi )))) my. Ile celled the proscrietix: Upon getting into the hots •lie trembled exceedingly. It would be diffirult to desei the the etlimt pi itiliteed by lie' app e ar an ce lit r conformance, %I high %%Ofe the mat ks lit thought and so rr o w, eintiil be ti ;iced 1111.1.11111111 T ,, Of 611111er happilleSS. The SioCrlalm/1 , 111111111 11 , .1111r to her abe•er, olio pre. settled a hideous contrast. Ili , hem! rya. covered with lank red hair. Ile now attn then "go holed Perr.lds a g h ast l y especially when lei , counsel %%ie. ptoeeeding to thaw infer. curies from the evidence o loch led him to entertain a rain tope. The following is die soil...lance of 11 I)altoirs .silence lam2l y eats it age. My lather was a mei chant molded at Birmingham. hut from the mithairiissed , tall. 01 his eitr•nnl stanci•s, 1.'014(1 it necessary some time ago to leave the (moult y. IMy sistris and 1, to N111)111 given a good education, r ema ined at home. Cul} in Seinen& n I well into the family of ;Mr. Shipman, as governess to his Mr, r d am: f l i ers , t h e eldest of %% hoot is neatly 11, the second to, and the t hi r d 7, (Pit Friday the 19 , 11 ft I)% centime, I was %intently ill wilts a pain lit the cht—t, neil and I retitled to my r oo m shoat se' ii Welin k. It( to ern eleven and twelve, Clara Johnson, came to :1..% how I Will. !lasing received no abate. merit of pain, I told her I n ati exceedingly ill, and begged that s h e would ask tt holier I should !tattle my feet in Wit ill water. On her rel. rn the girl told toe that her mi•trcss had sent to her master, and he would he tip directly. Before I had time to express my disapprobation of so extraordinary an intention oil the part of )Ir. Shipman, he entered the room. Having livered my head iih the bed-clothes, and made tin triply to Ins inquiry how I was, lo• I ,lllleil d o w n Iris e l o ih", wo k b oth sny bands, and placed me by Illree WI Illy back, desiring me to look at him full in the fare. Again lie asked me what was t h e matter with me r 1 said I hid a violent pain in my chest. lie asked where my chest was; and I said he must knit a; and that he etas trilling %I ith its, He then desired (lira to (itch stone Inanity. Site went down for it. 'Die children %s e r e in the loom, but 111Vy were asleep, the eldest girl was iu bed lt ith me. 's lieu (data lift 1111'1011111 lie put Iris hand titer the upper part of my person, and told Ilse the pain was not in my chest bitt in lIIN My endeavour to ie. move his 1141111 was 111111 e rittitless, for I was extremely weak, and my breath was so ciuleuthy & fl eete d as to under me wholly incapah'e of remonstrating with him. The first words 1 addressed to him when lie entered the room weir, that I had not sent for hint, but fur Mrs. Shipman. tliie n t h e gill I r e turned with the brandy, he 11.111oVell his 11111111 from my bosom, and obliged me to take SI/11.1! 111411111 y, after which entreated him to lease the loom, which lie at first refused, but afterwards emiseitted to do, declaring, however, that Clara Elantild go, and that no one should stay with role, whether I was well or ill. Both went away together. About o'clock in the morning I aw in great pain, and was wide hysteri cal; may cries awoke eldest olatielitr•r, who jumped out of lied Anil ran to her parent's room. Alr. Shipman came in a ten nunnenlsa l lre his daughter had left the room, hut said nothing,llllll went away immediately. Clara Iliencapite,and sail h er mister had its tiered her to (loess and take me down. I refused ta go, saying to the gill that the lied was better this me . as 1 was 1:I. lie ca11.,1 repeatedly to know whetter Was coming doss ; and I finding objectiong useless, told Ilse girl she 'night drr•ot me and take sue dawn. He was at the bottom of the stairs with a candle in his hand; he had on a nightcap 111111 WaIN(CO.II, but no en.it, and be assisted the gii I in bringing nit into the omit. %%herr, before a larg e fi re , there will a sof,o, on whieli be placed me. It• itlailicti of t h e excess i v e heat, on which he sent Clara for the tea things, and said the lire was not hotter than I could bear it. sly breath grew worse, and I fell dreadlitlly ill , At that moment the kin I entered with some coal and tea-things. Ile insisted tin inv taking tea. and rai•tal toe till tin the purpose of doing so. l'pon compulsion I took two vow., and he said I should have a t hi r d. e 14 a C111111 , a1,1 111 the room. where different kind of dregs are kept, amongst n hich is laudanum. Before he brought the third cup lie went to that eitiiltoard and tilled it there. 1 re f u sed to take it. lie said 1 should, and raised site tip, and pie-totted the cup to my tomtit'. I perceived ilie smell was 1 , 411.1 . 1.11•, and again refitsed. He declined that I should, or be would diem li ine with it: at the same time he took hold of one by 1111' 110,e, lo t ev i l it ditto in throat must 'violently, :out fluent me down en the sofa, l i e s.it sun the anti. One of my teeth was hot whether it was at that lime or not l don't (;iat a tome in %%hilt he was dretichilig tilt lea, and he desited her to take the borne ell( of hit stays. I ‘l,:v.io t itieni aomy, mid I n utiuued h.. „,., to do it while lie was in the I nom. lie went out. I thought 1 %%a% o mottle!. ('halo oo lel/10103 , g the hour telj t ...i. fie e.:mr a nd e .h litt. foot Of till• aoft, gitve his liana limit. ni t . it ,. stc ,„,„.d Li ter a tes than beim... ti l 1111 l Illy person. 'f 6esrrraul came in, ;11.1 It, removed his lamas, with nice of w Inch lie bad hold of ottoll mho/•. In ansttcr to his itoptit. , •lie .111. hoed collie to' on vital r lire to ono for Cie family. He 414-d:ell her to remote •,is. ein CAW silo 11110 the isiti.lll.!l. As well as I cool.' I till her to rally ale to bed, and he said it was ii•eless, for 1 should l imit 14 0,;111:1111.14.111 , 11f.•(1 air into ;lie back I.trhen oi l the sofa, near the tire, and lint the shot errs rip. lama wain t.l do her hulloes, and lie sate hes,•l:- iit•• • and tcloented the 1ib...0i1 , I d 1111.11•11 to. At lit it moment Clat.i.• • iii. 111, 11. W.i4 a 10111.1,11.11.1 , 111. in the lasi imp of tea I took, w !deli was hot in either of die toll, r t 11l s. 1 h te r• suielt than ni ns in It,. .tvl it is my (ism helm f that laiinatium Via% mixed the tilt .1 cop. My illness iiiereased, and (Aria, by his older, pat me to lit 41, where 1 guest worse. Irs. `Mittman came in nu hearing tae suit 4111,1104111. 5114191411 made me take rasa oil. %VII ti .it Cult!. ml from that time till lin the all,' noon, 1 nu *holey wit , 01. , *i.) 0.1 !av I ft It better, :nail contrived to sit to duller. after wtt tett Mit, tt•hiptet.;ll proposed ber littaLau l t chapel. I wcat :To to s) vein ?TIE NATIONAL REGISTER Mrs. Shipman went to chapel, and Nit. soappnaii e one to Ines while I was lying on the. bed, and insist, d on try going d rots I told him I would cry tout der if he persisted Miami., nig me. for I was dreadfully ill. He need all the persuasive argu ments he could to induce Me to go down: •aid lie had not gone to chapel on my account, and all the le.! were tan. I said lie was a bail 111411, and smtplieated him to leave me. Fintlirg that I was bent upon not going doss it, he lorought up Large gobl e t fall of brandy and water. I said il was not brandy, and 11 . 1 . 11.4e1l to take any. l le threatened to drench me with it, and stood over me till I drank it every 'hop. I 171 - 4 c IIIt•r iu hysterics, hail dreadful fits of crying, and lost all recolleetion of what occurred. On the following, morning I w•as awoke by Mr. Shipman's kisses. He told me how mach his wife and children hared me, ❑nd that le. loved lite more tea tunes. I complained of the insult he had (dieted me, and still I should outman Mrs. S114)111011 ile condnet. I in— fo:emit Mrs. Shipman of It. My illness outdated will un abated violence: and though I expressed a wish to see Mr. Power, the surgeon, ate( another medical man, I seas denied by Mr. and airs. 'N141)111411. At length I saw Mr. Power on 'Tuesday; told hint they hail given me different kinds of medicine ; that I had requested to see hint, but had been re fused ; that I was very unhappy ; had been used very ill, butt had neither time nor power to tell him ?hallo. I continued de lirions for a fortnight : the last thing I remember was Mr. Power's coming. From Mr. Shipman's I removed to the vicarage in HSt 111111, 11111i1 I V s t , t Mater. In nn• bed -room there was no hell. There ss..s, I lielies e, a key in the door, but Mrs. Shipman begged I would nese,. loch the door, through liar of the sir the illness of the childeen. I stayed a week at the vicarage, from whence I went to my amt's lodgings at lit foie the I relay she had taken salts and calomel and other drags for a cell!, by de'irc of the pi isomer. In her moss-examination by Mr. 1 )eitman, she merely re.rmated her former statement. The ehit-et of the learned Counsel was to obtain some admissions whit I might leave an impies skin that the prismpeca conduct was dietated by a feeling of cnutp.l•sion, which was mistaken IM love. The witness• again J1:11111, Ih•tt :11l I e:.6l , llitse was impossible; her breath as well as strength having been affected, and an umiatnral sensation having, in consequence of the drugs, pervaded her. Clara Johnson deposed, that site lived as scrvant to slr. Shipman, and gave an account of the cowling of her master perfectly confirmatory, as far as it went, of that given by Miss Dalton. Site ile , cribial the state of health of the yonng lady as most deplorable, and remembered that when she toll her master how ill she was, lie said that Has j,Nst wheat he wanted. She added. that when her mistress went to chapel on Sunday, her master came to her anti seat her out with the child before she had time to clean herself; and that when Mr. Power came to see Miss Dalton, Mr. Shipman dung down his hat in a great rage, and said he was undone. In her ero i s-exai ii iii she but increased the evidence against the prisoner. She heard Miss Dalton say in her deli rium, that her master had broken her tooth : and while she was deprived of her senses, Mr. Shipman put his hand upon her person.. • Martha Hey, the nurse, As ho attended Miss Dalton on Wed nesday night, deposed, that she seas quite delirious, and that Shipman had acted while she was so in the manner described. Again he came, and asked whether Miss Dalton had asked for him ? to which witness replied. " that she had ill her deli• rinut." " Alt, poor girl," said he " she Ilse ays asks for me." Mr. Power, surgeon, of Hinelley, said he visited Mks Dalton on Tuesday the 23d of December, when he found her soy Clint. She had a small and frenumit wake, and com plained of a pain in the head, and coldness in the feet, and looked excessively ill. Ste. made the communication to him which she had stated to the Cow,. On Wednesday morning She was innek worse ; she had spent a delirious night, her pulse had increased in ac , ian, and the witne,os recommended another Opinion to be taken. She was vviy delirious, but her complaint Was attended with lucid intervals. Witness w. 15 hot prepared to say that laud:mum would pt mince Hindi nuosnes,•—a small dose would produce excitement—a large onestiipor. . . Denman, fur the derenee, attempted to show that Miss Dalton most have construed the wish to lender medical assist, alive iato nothing visa than lose, and the application of the necessary medicines for the correction of a natural disorder into the administering of philters and the fierce of magic. He show , d how 'Lenge, 01113 it Has to allow the child to lie sepal:tied at so perilous an age nom her natural pro. teclen and atu ibuted the madness of the gni to the impe tuous cu• lent of her passion., The Judge sin ttttt ed up the evidence, and quickly laid be. fuer the jury the 50V1 lal iniquiticy of 1% ludo there had been such abinedant Ile particularly dwelt upon the es.- ample to a wife and children in the complicated baseness of Shipman's conduct to an helpless and unprotected female. The jury returned a verdict of—Gulley. The Judge immediately pat .11•11 sentence to the delight of the Court. Mr. Shiputau wits adjudged to pay a tine of 1001., tel to he ;min isoned IV tale radar th onths. aas the only inteicsting case during the assizes. SUSSEX.—LEwt.s, Aim. 1. NEWMAN V. lIINNLTT. This was an action against the deli uaaut for a‘sanhing the plaintiff, a chorister of (liteliestes (:Ii 'fife defendant pleaded, Tile gentral too guilty ; and 2d, josti ticatien, that he 'wino( the master of the cliorisicis I.( 1111: had issued older, to the plaintiff' as vile of his pupil*, wit to ill iewl a catch and gl. a chili ; awl the plain:in hat itt4 disobeyed those °ethos. he hail currecied 6uu for his di„.'heiliettec, at; he might lan fully 4 . 0. Marryat and \I t. !Awes eolohleteil the plain:Rs case, 4111/ Mr. Gurney and Mr. Chit'y the defendant'.. iiivionstiiiives Uie case were these: 'rhe plaintitc, 01,1 ;omit tt as towel Ill.'ciluri.ter, ot(:hicht',tet caliedrdl. and the defrnil.iiit etas the music iniener of the choir. Li aopeui:ol that the 'left-to/ant V‘il , in 1111 . habit ut takinz the differ( singio.r, !toys occasionally to subset einivei Is, at Yot tsoion th , .\t acid other places, tor he paid them a complinietit of it few he pu)- iiiL., 'heir expense , , hot ing into his own pocket a hateter einolowelit aro•e it talents, He Initi is.ued 41101(1er t o o w 1'011,1.1.1:n4 tileir atteeihiece at any tutu s lob or r p.,we of Ailioseisieiti without h i s (i„ l h e -Ith ut 14-1 the :asked the ileiew'init's Ir a r e to ulteud a owl ultie (lob, in the to , it of Coielii oer,nliieli the latti r t ern,. J. 'lite plaintiff, however, itottvitlistantling this retOsa:, went 1, the clot , Litt I WIII 111/1111111Z 11111 dt$111111.11;1, lirl" 111111 111 1 • 1 / 1 / 1 ilt.lIce and rionenipt of his 111111111111 gat e him it very sescii. Ito 4 14110, :elicit I.lo:hired several Wick and Woe 111.11k11 111 1 1/11 111 S •111 1 111111•11• rthl ulhrr viirts tt Ins body. For .i.ll nljurt Ile I -•1-.1 nel..ul was it brio:: contended, that lice defeitilmith4il no tight of control over the platlitite3 Catithlct (Ail of .school bonus, or except duripi the tilac he %i4S its at tettilituce tipuu the Cathedral. AUG. 9 For the defendant, several witnesses were called, to prove that the punishment inflicted upon the plaint , fl was part of the discipline of the school, when the ellorigtet. thought pro. per to go to private concerts or other places in amusement, in c.intravention of the defendant's order. The case-, however, went to the Jury, under the teamed Judge's directions, cud they found a vet diet foe the plaintiti— datinigeg 51. The Crown Side produced nothing of any interest, there being but I t indictments, and those for the usual crimes of horse stealing and minor larcenies. Mr. Justice Abbott finished the Calendar, with the exception of one case, on DURHAII.—Acctxr 3. CROWN SIDE. Wm. Smith, aged 27:;;:ntlriediorihe murder of M. Reid, in South Shield 4, on the 16th of June. Flom the evidence for the prosecution, it appeared, that on the day above mentioned two boats had been engaged at the same spot in fishing. The prisoner was one of the crew in one boat, the deceased one of the crew in the other. They quarrelled as to the time of shooting their nets, and on corn. mg on shore there was a general scuffle. The prisoner struck one of the party with a progger. (a Ivng pole with a barked fork used in catchiog dat halt), which he broke in two. With one of the ends, which he still retained, he struck Reid on the back of his head. Reid fell, and continued for some time he a stupor. No indication of hart could be disease-I'rd on the outside of his head. lie lingered in u miserable state till the 23d, when he expired. He had been drunk on the 161 h .- surgeons gave it as their decided opinion, that lie had died of an inflammation, arising hum a concussion of the brain, mid that the concussion had been occasioned by exter nal violence. Sane witnesses far the prisoner stated, that the decease had struck and thrown down the prisoner's mother, and that he had Himself fallen with drunkenness, and struck his head on a sprat tub which lay on the shure.—Guilty ot• Man slaughter. CIVIL SIDE. DEVANATION.—ASTON V. GEORG .7. Mist Aston, the plaintiff, keeps a boarding school for young ladies, in Durham; she brought the present action against Mrs. George, for defamatory words used by her. The sub_ ject excited the utmost interest and curiosity in Durham for mote than 12 months. The many reports and surmises which it created were every where the topic of coins.' sation. It was supposed to have Loess disposed of last year by a refer ence, but it revived with inereasrd vigour. Early last week Friday was fixed for the important trial. The tow a was fur several days excessively crowded with the multitudes burn ing with curiosity to witness the discussion. Nine o'clock was the hour dissecting in the court. About half past seven the street leading to the Court was covered with ladies and gentlemen pressing tbrward to the scene of trial. It rained the whole time till nine, yet it repressed not the ardour of curiosity. Private carriages and post chaises drove up niers. sassily to flue Court doo7. The door is never opened till the cluck strikes Mlle; the impatience of the very respectable crowd was thei et ore very great. In the service and fur the accommodation of tile fiir, gentirillee are inventive and con rageous. About half past eight, a few adventurers scaled the Com wall up to the whislow,ur rather climbed so far, for they had neither ladder nor rope. A window was opened fur the ladies below, thrones which they connived to make an ee., trainee —Thus the Count because crowded to excess beim e the door wss opened. Mr. Justice Bayley was obliged repeatedly to threaten fines before the Counsel got admitted. Astuu and George were at length announced. Mr. Searlett said. Le was now to address t h em for an tin. fortunate and most desei ving young lady, who, up to the commencement of this question, was most highly and most de. servedly respected by all who knew her. She was oleliged to come into that Court to vindicate her character. The re paration of the st rung done to her character, and not damages, wa► the object of the action. She had bee it injured in that part id her character which no damages cooler compensate, and which, when once injured and iniredressed, irreparably ruins the female character. lie latneutcd vet y touch that he was obliged to address them on this siitiject. He had trusted that the defendant war• ensible that she had acted under sow e illusion; and would %sitlinely acknowledge her error. NI hat ever might he the result of this action, the ruin of one at least, it not of both, of the ladies , must be the CUlllieqiiener. By coining into that Court, lie saw, Ru n t the andience which surrounded bite , that they were about to make themselves the spurt ut idle, ;mil perhaps malicious, curiosity. Tu the last moment, tiles elm e, that it conld be ae•ailable, most heartily should he hail anc prospect of is private arraignment.--(Mr. Topping, who , s‘ .th Seijeant Hollock, was fur the defendant, Wlll4lt led something to ',11i.. scariett, who then proceed eil).--lk hail stated to them, that vindication, and not da mages, was the plaintiff's object ; lee 'hetet:ore willingly ac c•ded to the proposal of his Learned Friends, to take a ver dict fur the plaintiff, and nominal damages, 1001. Mr. Justice Ilayley.—" Ism very well pleased at the insti ller lii which yon have disposed of the ease." We nude' SOUK! that the damages had been laid at 20001. NEWCASTLE.—AuG. 3. (:lIOWN SIDE. James liindbangh, a youth of 21, was charged with the theft of otore than 601. taken lima his master's desk. On his ariaignment, he pleaded wilily, tint the Judge persuaded hint, as it nits a capital offence, to plead not gutty. 'the fel lou nig glens wet e disclosed in evidence : Oil the •29t:t of April the °trice desk of Mr. Anthony Lambet t, and Mr. Join Lambert, his son, solicitors, in Alawick, was flitted open, and 621. were taken out yin. '1 he lot k was 101111 d in such a state that the key could not be turr ed in it, and on e•x aminin a until piece of iron like the point of u Hal Mas found in it. The prisoner had on the preeediag day borrow ed a picklock from etc be lett', tied next day ; his prettmce was, that he had lost the key of his tintik. The point was In oken of this picklock, and the point foond in the hick tilted it exactly. The 'insulter, utter he Lad been d, told the cook in that the money might be found in a stone bottle under a bloke!' stunt in, the }i:.l d ; there it nits found. The utntbe•re of the not;a ball not been taken, l,iit 111.. A. Lambert had previously given ten of those notes, which were Of the Batik of Em1,1.41,,1, to Ali.. J. 1.4110- hert, antes lie hail fitiai a Slim of 2JO tu nes, whose 111111111 PIS horned a cealar aeries. L'pen looking at the remainder, after the theft hail been ..rtinuitted, a chasm '. ae 1011111 i 11 01 11\4).1380 to Int. In tue bti,.,t• weir found the teit.nitc,li.ite 13 et.eihrli '1 he ptt.rucr had bee', the e ld e r Lamueti's fotman, and slept lii a 1 . 01 , 111 o 1 pusite to tilt entice. The Aiee was part of the dtelitog house. 'the best chain: - -ter v. 45 gust to the prisoner tall lu ibIS Chi/age. tlisl.ol,l ma