The National Register. — London, England, 1823-03-16 00:00:00

t .1 ASSIZ I INTELLIGENCE. ESSEX. Clitimeneo, Marten ll.—The Asehes for this county commenced here to-day, before the Lord chid Baton on the Crown side, and Mr. Baron Graham on the. Civil side. In both Courts the business is very light compared with the for user assizes, there being only 40 eases in the gaol calendar, and 13 eutries in the cause paper. CIVIL SIDE. actiticrioa.—coi CC o. DOWN'. • This was an action againat the defendant for seducing the • plaintirs.daughter, Whereby he lost her-services. The case was, that the plaintiff was a 'stiller, at Great Tot ham, in this county, and also a public house The de firmlaut, a man upwards of d 0 years of age, was also a ini ler do the same 'Wage, and was in the habit of drinking at plain titre house, insaltirls fills. Lucy Royce, a young woman of 17, assisted her father as a servant, and attended in the bar. About two years since the defendant became acquainted with. Miss Royce. Its order to effect his base purposes he prevailed upon her to visit him at the cottage of a woman, named Smith, a tenant of his. The latt,tr, it was said, had lent herself to the rain of the girl, by going out of the way, leaving the par ties together. About Michaelmas, 1521, the defindatit ac complished the ruin of the unhappy girl at tlds cottag e; the oonsequence was, that at Michaelmas followiug she became, the mother of an infant. For the they of services thus occa sioned to the plaintiff, and the expellees during the illness of tile young woman, this action wae•brought. Miss Lucy Royce, a gild of interesting appesiance and con aiderable beauty, deposer, that she became acquainted with this defeudant in. consequence of his coming to her father's Nib icehouse to drink. The defendant lived shout a quarter of s mile from her father's dwelling. A woman, named Smith, occupied a eottageof the defendant. 'Witness used to go fre quently of an evening to visit her sister, who married a Mr. *.retry. Is, lu way home she had to call at Mrs. Smith's cottage, where she often met the defendant. Mrs. Snail' used to lease them Mime WIICII the defendant came in. An intimacy welts formed, and about Michaelmas, 1524, the defendant ef feciml bee ruin. She sonlianed to meet him at Mrs. Smith's 'from that them till June last year, during which time the im proper intimacy was continued. In September last she be came a mother. Mr. Brown, a farmer at Great Totham, proved that-the de . fendant was a upwards of forty. He owned a mill, and was Maffeity gmadatircumstaiscea. This was the case for the plaintiff. The defence was, that there had been no seduction on the part of ibe defendant ; that it was even a doubtful matter ovbether lae was the father of the child, inasmuoh as the young, lady had been familiar with other men before the connection . was formed with the defendant. "Mr. 'ready replied, on the part 'of the plaintiff, and urged that the defence set up was wholly improbable, and that the statement of Mr. Benjamin Gentry was so infamous as to be totally unworthy of credit. Him in hied that the cutithiot •tat t the defendant in thus attempting to attack the character of the your; woman, whose ruin be had effected, was.a considerable aggravation of damages. Mr. Baron Graham summed. up the case for the Joey. The Jury found their verdict for the pliiintlff-I-Datuages 1001 baciers. v. BICISMORE. CHELMSFORD, AIARCII 12.—This was an action of assault and battery,. to which the defendant pleaded Not Guilty. Mr. Marryat and Mr., Platt conducted the plaintiff's case, and Mr. Gurney thredefe whet's. The parties were oath 1.04-rulers at Braintree, in this county. In April last they met opposite the Horn Inn, at „Braintree, when an old grudge was revived, in which the defendant alyeared 10 be the aggressor. The plaintiff was pushed with some violence, mad he was retiring from a contest .of greater violence, which appeared probable, when the de fendant pursued I sod knocked him down. He fell senseless .on the moment in the gaiety.) of the inn, and in the fall his head wax cut. As soon as he recovered, the defendant said lie was certain he should have to pay for it, and as lie was de termined to have his peenyweeth, ' lie renewed the attack, ..and IMat the -plaintiff most unmercifully. Some bye-standers stimuli' him from farther violence. •It was urged in defence, that the violence complained of by .1•• i pleiatiff arose from sadden. ierilation, and not from any premeditated ill-will on the part of the defendant. No wit sissies were called to answer the plaintiff's case, and .The jury, under thilearned judge's directions, found their .verdict for the plaintiff—Dania2es 201. .CROWN SIDE. r Charles Patient, was indicted f. r stealing, at Bradfield, on the 23d of November last, a sheep, the property of Charles The case was made out principally by the evidence of an accomplice, who was thuitted approver, who being cor rohurated in co:lateral points, the prisoner was found Guilty— Death. Edward May, William•Seanders, and William Griffiths, were indicted for assaulting Mary Gates, on the King's high way at Woodford, on the 25th of Noveinher, putting her in fear, and forcibly taking from her an umbrella. it appeared, in evidence, that the 'prwiecutrix, who was a servant girl, was, on the day mentioned iu the indictment,' going from Rumford to Woodford. lo her way she was at- Am:Led by the prisoners, near Wanatead House. They threw her down, and took away her umbrella. She bad in her pos aemiun a beadle, containing apparel, which they also seized, SIMI were carrytng it off, when, in consequence of her screams bringing a waggoner to the spot, they ran off into - the Forest, leaving the bundle behind. The waggoner pursued the pri soners, and overtook them. They threw the umbrella into a ditch. Two of them *ere secured, and the other made Ids• escape, but was shortly afterwards apprehended by a man on horseback. The proseeutria swore to the identity of the pri soners, and her tesiiiiiimy was confirmed by the other witnesses. The jury, under the Chief Baron's directions, found the .prisoners Guilty—Death. THE 6:13.0 D. SARAH COWTHORN AND ANOTHER. Cnchmseos D. MARCH M.—This was an indictment spinet Sarah, the wife of John Cowthorn, late keeper of the Clieltus— ford House of Correction, ands turnkey of the same prison, named Dawson, for barbarity end cruelty towards an unhappy man, nanted Henry Finch, who bad been committed to their' custody.—The indictment contained three counts—the first charging that the defendants lied assaulted Finch, by ,placing fetters an chains upon him under colour of their isitustion as servants to Mr. Cowthorn ; the second for assaulting him un der pretence of correction ; and the third fora common assault. It appeared that the unfortunate man Finch had been.eous milted to the house of Correction for safe custody, in conse quence of mental derangement. The atrocities alleged in the indictment were committed in the absence of Cawthorn, the keeper of the prison. who bad left the Holm of Correction to enjoy a holiday of three weeks. It appears That Finch's de 4nro A ii,:e :v % •0111..-__ I, THE NATIONAL REGISTEIt ordered him to be loaded with r double set of irons on each leg, added to which wears iron weight of Arty pounds. fast ened to his limbs, and with t►ete dreadful inaumbrances ha bad been plated, with on bie wrists, in a standing posture for many hours, with the Me shining-in sommer lime upon his person, with no covering to his bond. These 'facts were clearly proved by several witnesses. The defendant Dawson was a principal in these barbarities, acting under the orders of Mrs. Cowthorn. After a trial which lasted for several hours, the jury found both defendants Guilty. Mrs. Cowthorn, who appeared in Court exceedingly well dressed, was sentenced to one year's imprisonment, and Deviling' to one mouth's imprisonment. Dawson was then indicted upon another charge, for other cruelties upon the Caine unhappy being. The wrotch was con• tided, and only sentenced louse wonth's further imprisonment. Fait Reynolds was indicted for violating the person of Mary Tutham, spinster, at Harwich, on the 2fith of February, and Timothy Quilligan, Francis Fitzpatrick, and John But cher, were indicted ss accessaries to the sante fact. 'fills case excited considerable interest from the e•traor dinary barbarity of the °fleece imputed to the prisoners. It appeared that the prisoners, all of whom were under the age 4 1 23, were privates in the 58th regiment, quartered at Harwich. The proseeutriz a girl of 18, of prepossessing appearance, was servant in the family of 51r. Stewart, a pilot, at Harwich. ; A young seaman, named Finds, wan paying his addresses to her, wills the approbation of her friends. In the evening of the 26th of February, she was walking with ben lover on the Esplsuade al Harwich, when they were accosted by the pri soners, two of whom laid hold of bee, and hurried her off to wards the barracks, leaving the others to secure Finch, who struggled to follow bit sweethertri, and protect her from vio lence, leering her shriek for help ; but finding his elTorts to retease himself unavailistg, he returned to the town to procure assistance. Is the mean time, the uulieppy girl was forced to a hollow place near the barracks, end in spite of her efforts, she was forcibly violated by all the prisoners, who successively accomplished their diabolical purposes. The proseourrix spoke with certainty as to the identity of the prisoner Reynolds, and Oilier evidtuce was adduced to show, that the remaining pri soners had been Resent from barracks at the time the transaction took place, and shortly afterwards returned and hurried to bed. No doubt was entertained of their indenrity. The case in its details incited universal horror. The unhappy posecutrix was deeply affected, and her situation produced general ►ym patly. The prisoners said nothing. Mr. Baron Graham summed up the evidence. The jury immediately found the prisoners Guilty—Death. The awful sentence of the law was immediately passed, and they were left rot eareatioe. Wiliasn Chapman alias Edward Ledsliam, a youth of 18, was indicted fur uttering a forged and counterfeit check, is the names of Messrs. Kingsford, Jekes and Co. of Mark-laue, upon Sir. John Lubbock and Co. for the payment of 101. knowiag the some to be forged. Wises the prisoner was put to•sbe bar, upon the arraignment, be pleaded guilty, after a warring ►hat be ..had better stand his trial. CIVIL SIDE. RCMP e. ABBEY, AND ANOTHER. This was an action for trespassing on the plaintiff 's land for the purpose of killing gaunt after notice. The defendants pleaded .drat, not guihy ; and second, leave and licence. The adios was brought at the instance of Lord Petro, wbo.e tenant the plaiutilr was, of certain lands in the parish of Chil derditch. with a covenant in his lease not to allow any person to spurt upon his lands without The leave and licence of his 'landlord. The defendants were father and son, the latter being a child of twelve years old. It wan admitted that the father was qualified by estate tu kill game.—The trespass proved was that the elder defendant had placed himself in Chllderditch church-yard; whilst his sou sent a pointer into a Amy, or cop pica, in the necenuntinu of the plaintiff, adjoining the Ammo yard, to drive out game, the son going round the shake at the Mlle time. A pheasant sprang up, which lime father shot at, but missed, in itailight across time church-yawl. The notice to the defendant had been served upon him four years since: Mr. Baron Graham summed op the evidence for the jury, and left it to them to consider the probabilities of the case, as proved io evidence. The Jury found their verdict teethe plaintif—Damages one shilling ; but the learned judge refused to certify as fur a ma- , licious trespass, which would convey mots. WORCESTER, Caowti CURT, MARCH 11• Allso3l.—William Harris, Robert Bell, and William Lilly, were indicted 10r felemonsly setting fire ro the Writ of Joseph Ja{Leman, near Brotusgrorte, in the county of ‘Vorcesier,•ott.tlie night of ths 27th or Sept. last. It was proved by Mr. Jakeinan, that his barn, which was old and thatched with straw, was. burnt down on the night in question. Ile could ascr.be no motive to the conduct of the parties who set it AU fire, except that he had occasionally threatened the idle boys of the neigh bourhood tot' trespassing on his tielde, but had 'lever executed his menaces. The charge was brought home to the prisoners by an accomplice, named George Stan ton, a lad of 13 years of age. This witness stated that. on the esemtig or the 27iii of September, Bell, in the presence of the other rivulets, asked him if he would go and set the barn ottlire, or if he would tell if the others did its He replied, that lie would not tell. Bell then directed him to gn into the barn, and pile up the pea-h against the rafters: he was afraid to go about, and Barris and Bell accompanied him into the barn, while Lilly , watched on the outside. They piled up :he pea-h• close to the railer. Bell then fetched some laths to light the fire with ; Harris said they would not burn, and batught a mil Irons his lodgings. Ile wrap ' ped.up.this coal in some pea-haunt, and put it against the barn, which caught lire. The prisoners stayed till the barn began to bl.ze. and then separated and went home to their beds. This witness, on being repeatedly questioned by the Judge, as to the moire wh.olt actuated the party, declared, that it was merely a frolic, and 110 malicious moire was suggested by me evidence. The statement of the accomplice was confirmed in several circutinsianees by other witnesses. It appeared that Irid been very active in endeavouring tto extin guish the flames. The prisoners being called on for their defence, sere. rally denied haring any concern in the fire, and coiled respectable witnesses, who gate themru excellunt cha racter for steady, industrious, and regular habits. The learned Judge directed ibe jury, that a wicked motive was a necessary ingredient in the crime imputed to the p risonert. If they believed that these lasts had sei Me the tarn w a lrolic, hosseser improper and perilous, they could not find a verdict of guilty, on a charge affecting their gives. But when they considered the preparation which was made for the work, and the deliberation with which it was performed. he feared they could scarcely acquit them el a malicious design. The bcaks of life and death were M their hands, and he prayed the God of mercy to direct the balance. The jury, alter deliberating for twenty minutes, found the prisoners guilty, but earuestfy recommended them to mercy. The learned Jude immediately proceeded to pass yen tence of death, but intimated to the prisoners, that, in ptitmi.kuCe Of the recommendation of the Jury. the Crown would mitigate the sentence. CHARGE or NIURDLR.—Lucy I)aneer was charged with the wnllul ttttt rder of her child, William Dancer. an infant of the age of nine monthi. The Grand Jury threw out the bill, but she was arraigned on the corn ner's It was proved beyond doubt, that.this wretched woman killed her child by cutting its throat with a knife, which was produced, stained wi4h blood. She was the wile of a lalxittring mail, and had another child, to whom she had always been a tender her. It appeared, how ever, very satisfactorily, from the evidence of Mr. Dow ning, a respectable surgeon of the county, that she wail u► a state of abstilme insanity at the time when she did die act, and had .since remained in that condition. The jury, tinder the direction of the lea►neu Judge, acquitted the prisoner on the ground of insanity. and she was detained iii custody nu 11 his Majesty's pleasure should be known as to her dt-posal. Rattuden was indicted tinder Lord Ellenborough's act, !or stabbing Win. Blidgewater with a knife, with intention to kill, to disable, ur to do I • sonic grievous buddy harm. It appeared ihat a quarrel had arisen between a brother of Itsinstlen and a , tnan named Cuandl.r, about half past nine u'cloc.k in the evening, at a public-bottae called the Crab Mill, H, the town of Brunisgrove. The pro. secutor acted as the second of Cliamller, and thinking he law thelprisoin r unlairly assisting his brother, remon strated with hnia on his conduct, 1410.11 which the pri. toiler raised a stick, and drseatened 10 knock out his brains. The prosecutor wrenched the stick f his hand.; on which the prisoner struck hint on the side with some shall) instrument, and blood flowed from the wound. Tile prosecutor stated that he was confined to the house for a week afterwards—that he was attended three weeks by a medical tutu, and that he still felt pain on stooping. The surgeon who dressed the wound was not in at tendance, but the learned Judge requested Mr. INtwiling to examine the part where the wound was inflicted. That gentleman having retired for the purpose, informed the Court that the Cal 1111151 have been very slight--that it could not have produced any serious consequences. and that the statement of Bridgewater that he now felt any inconvenience resulting from it must be untrue. On this evidence, Mr. Justice Best directed the Jury to acquit the prisoner, but ordered hint to find bail to answer for the assault, witich his Lordship characterised as most cowardly and brutal. The prisoner accordingly gave bail, and was then dia. charged. Tile business of the Crown Court was finished at one • o'clock on Weduesnay. Four prisoners ' Thomas Jack son, Joseph Aston, Janies•Davis, and Thomas Gibln. received sentence of death, for stealing cattle. His Lord ship intimated that, in conseritience of the prevalence of this crime in the county, one or more of them must sutler the last punishment of the law, and that, unless the crime should be lessened at the text assize, all who were convicted would share the same fate. Five pri soners received sentence for burglaries and robbing cot tages in the day time, to whom similar intimations were given. WINCJIF.STER. MARCH 8. DREW •. GREEN. This was an action to recover a compensation in damages for (be seduction of the plaintiff's daughter.—The plaintiff is a rublicsn resi.liag in Winchester, be has fire ions and two daughters. The defendant is a hatter, st Winchester. barn a shop also at Alton. Ile is a married man, and Imo a child.— The 'plaintiff and defendant are next door n ighlsours. The substance of the unfortunate girl r s evidence is as follows : She is twenty-two years of age, and the youngest daughter of the plaintiff. Soon alter the defendant camp to reside near her fattier, she became intimate with the defendant's wife, and mutual visits took place. Mrs. Green was sometimes absent from Winchester. During her absence in January,lB2l, -Mrs. Green, having no servant, requested Miss Drew (who had been sacrist 41 to assist Mrs. Green, when at home, in her household strolls), to come in and make his bed for him ; this was between eleven arid twelve o'clock in the morning. In consequence of this request she did go the house, and pro ceeded to do as ha bad asked her. Whilst she was so em ployed, defendant came into the room and conversed with her on indifferent subjects, and then went down stairs. She. finished the bed, arid then went down into the silting room at the back of the shop. Miss Drew left his house, and went borne, but did not disclose what had happened to any person. About a week after (during which no intercourse took place), Mrs. Green asked Miss Drew to come and trim a but for her ; accordingly the day a.ter each request, she did go into the de fendant's h ouse for that purpose, bat Mrs. Green had, unknown to Bliss Drew, gone from borne. In d ctober, pl o upeir d daughter was delivered of a child, which is still living, and of which she declared the defendant to be the father. i , n — at p io e n rena prod ant u .s oed .ho s p dd i i . tio o n p a e l n f t a u ct l s h , e ii p i u s b u li t The strait ; ° lance a : a :E l i o : l a n: glass window between the shop and the sit ting room; that the defendant only succeeded iu his purpose by toree sod violence: the door dividing oho room troui the s hop, may or limy not be more than four 'girds from the publio street, and is in a line with the front door iu the shop ; peo ple often were in the shop; the counter is about two yards f.oin the room door ; there is a window belonging to sootier house within a few ysrds of the back window of the sitting• room ; the mother of Miss D. had always possessed her 'flea lion and confidence, hut she conuealed from her what had hop. pened; sbe (Miss D.) had once before stated that the stroll* stated bad liken place in December, 1820, but it was by mistake; she never told Mrs. Green of it; her mother Grid (iy