The National Register. — London, England, 1823-03-17 00:00:00

ASSIZ 2 INTEL LIGEVCE., ESSEX. Cutimsrinn, MAnc:i 11.—The Aseises for this county cumm e nced here to-day, before the In/rd Chief Deron on the Crown side, snit Mr..lLircm Gretimn nn tlin Civil side. In As‘tili Court.. the business is very li4l:t compered with the for steer assist a. -there brio.: only T./ eases in the gaol calendar, .-aad 13 entries in the entitle paper. CIVII. SIDE. lIEDUCTION.—RoYCE V. POLLEY. This was an acdon against die defendaut for seducing the •itlancitra datighter. whereby be lost her services. The case was, that re plaintiff was a miller, at Great Tot -Imm, in this county, and elan kept a public bout°. The de fumlaut, a man upwards of .10 years of age, area also a mi ler In the name vil age, and was in the habit of drinking at plain titre house, in which Was Lucy Royce, a young woman or 17, asaiated her father at a servant, and attended in the bar. About two yearn since the defendant became acquainted %%lib .r..!isa Royer. In order to effect big bane purposes hr prevailed -upon her to visit him at the cottage of a woman, named Smith, a tenant or his. The halt Ir, it war amid, hod lent hers e lf to the rain or the girl, by going out of the way, leaving the par lors together. About 3lichaelmas, 11421, the defendant ac ctooplished the ruin of the unhappy girl at this cottage; the erwraequence was, that at Michaelmas following she became the nimbi-rot' an infant. Vor the loss of services thus occa sioned to thu plaintiff, and the C%I.(11C1-1, during the Mutes of the young woman, this action was hrought. -Miss Lacy Royce, a uirl of interesting appeatanee and con -844nd,', beauty, deposed, that she became acquainted with the defendant iii.onstquence of his corning to her father's pub is house to drink. The defendant lived about a quarter of a mile from her father's dwelling. A w moan, named Smith, occupied a cottage or the slefenitat. Witness used to go fre quently of an evening to visit her sister, who married a Mr. ... , entry. In Pier way home she hail to call at Mrs.. Smith - 2 cottage, where she often met the defendant. Mrs. Smith used to leave them alone when the defendant came M. An intimacy was formed, and al t Michaelmas, ISLA, the defendant ef fected tier ruin. She continued to meet Lim at Mra. Smith's from that time till June last year, during which time the illl prnorr iminmey was continued. lit September le•t she be .-ealla • a toothier. _ _ mr. Blown, t farmer at Great Tatham, proved that the de nilant was a man upwards of forty. He owned a mill, and v,nA in pretty good tircunnitance4. wall the cue (or the pininlifr. _ _ The defence was, tt. it there laid been no aedu-tion on the pert of the defendant ; that it wan even a doubtful matter whether he wan the father of the child, inasmuch an the young lady had been familiar with other men before the connection wan formed with Iht defendant. _ _ Mr. TrdJ~ rep!ietl, on lie pnrt of the psintifr, ttul urged , . . that the defence set up was wholly improbable, and that the stotement of Mr. Iltnjainin Gentry was so infamous as to be totally unworthy of credit. 113 in isted that the conduct of the defendant in thus attempting to attack the character of the young woman. whose ruin he had effected, was a considerable aggravation of damages. .4s. Baron Crisham summed op the case for the Jury. The Jury found their ' , infect for the plaintiff—Damages 100 j "R 6 ...... 111100101 V. BICKMoftI:. CIILLMSFORD, 111Altell l2.—This was an action of assault end battery, to %%Lich the defendses pleaded Not Guilty. Mr. Mistrial and Mr. Platt c0nduc.....1 the I•laiatilrs cave, and Mr. Gurney Ibo defendunea. The parties were bolls pentimasters at Braintree, in this county. In April last they met opposite the Horn Inn, at Braintree, when an old grtutge was revived, in which the defendant ■ppearad to be the aggressor. The was pushed with some violence, and lie was retiring f a contest of greater violence, which appeared probable, when the de fendant pursued him and knocked him down. He fell senseless on the payment in the gateway of the inn, and in the fall his head was cut. As soon as he recovered, the defendant ►aid he was certain he should have to pay for it. and as he was de- Atarinined to bare his " pennyworth," he renewed the attack, and beet the plaintiff moat unmercifully. Souse bye-slanders 'rescued Lim from farther violence. It was urged in defence, that the violence complained of by he plaintiff arose from sudden irritation, and not. from any premeditated on the part of the defendant. No wit nesses ware,-celled to answer the plaintiff's case, and The jury, antler the learned judge's directions, found their ♦erdict for the p!sintill' T Demaz.en 2111. CROWN SIDE. Charles Patient was indicted f. r stealing, at Bradfield, on the 23d of November last, 11. 'dwelt, the property of Charles Fitch. The cue was made out principally by the evidence of an accomplice, who was admitted approver, who ,being ccr roborated in collateral points, the primmer was found Guilty— Death. Edward May, William -Saunders, and William Griffiths, were indicted for assaulting Miry Cates, on the King's Iii;411- way at Woodford, on the 2fith of November, putting her in fear, and forcibly taking from her an umbrella. It appeared, in evidence, that the proseautcia, who wee a lit girl, was, on the day mentioned in the indictment, _ . going from Romftwd to Woodford. In her wny die win at. lucked by the prisoners, near NVanstead House. They threw her down, and took away her umbrella. She had in her pos aetsion a bundle, containing apparel, which they also seized, and siren carrying it oIT, when, in consequence of her screams 'winging a waggoner to the spot, .they ran oft' into the Forest, leaving the bundle behind. The waggoner punned the stoners, weniseisersook them. They threw the 'indwells into a ditch. Two of them were secured, and thin other made his escape, hot was shortly afterwards apprehended by a man on horseback. The proseeutrik, 'swore to the identity of the pri soners, and her testimony was by the oilier witnesses. ..Tha -Jury, under the .Chief Barcii.'s directions, hound the prisoners Guilty—Death. THE KING C. sAKAH COWTIIURN AND ANoTHER. CHE.I.I4SVOND, MAltell 13.—This was an indictment mgninst Sarah, the wife of John Cowthorn, late keeper of the Chelms ford goalie of Correction, and it turnkey of the name prison, mauled thwanr, for barbarity mitt cruelty towards en unhappy man, named Henry Finch, who had been oonimitted to their . . cuato.y.—The indictment contained three counts—the first charging that the defendant.' lied assaulted Finch, by placing fetters mid chain,' upon him under colour of their situation an servants to 4r. Cowthorn ; the second for assaulting him un der pretence of correction ; and the third fur a common assault. la appeared that the iiefertonme matt Finch had hero cow milted to the House of Correctitar for safe custody, in cense inneoec of mental derangement. Tile atrocities alleged in the indictment were committed in the absence of Cowthurn, the keet.er of the p:ison, who had loft the House of Correction W enjoy a holjdny of throe weeks. It appears that Fluch's do lirien, uthaaano, 4 ste to 31i.. Cawthorn, ttl,u had :;~ ~~~, THE NATIONAL REGISTER ordered hint to he loaded with a double set of irons on end lir, added to which was an iron weight of lifiy pounds, fast ened In his litmhs, and with thew dreadful ineumbrance► he had been placed, with lian4leull's on bis wrists, in a standing posture ft r many hours, with the nun shi ning iu stormier time upon hia person. with no covesing to his head. These fads were clearly proved by several witnesses. The defendant Dawson was a principal in these hat parities, actin under the orders of Mrs. Cawthorn. After it tiial'whicli lasted for several hours, the jury fonnd derend.utta Guilty. Mrs. Cowthorti, who appeared in Court exceedingly well dressed, was sentenced to one year's imprisonment, and Dawson to one mittith's imprisonment. Dawson war then inflicted upon another elt.tr4e, fur other cruelties upon the some unhappy being. The wretch was con• icted, and only sentenced to one ationtli'itfurther imprisonment. Felix Reynolds was indicted tor violating th•s person of Mary 'rutlfain, spinster, at Harwich, on the 2tith of February, and Timothy Quilligan, Francis Fitzpatrick, and Julio Nut cher, were indicted as accessories to the same fact. This ease excited considerable interest from the extraor dinery barbarity of the offence imputed to the prisoners. It appeared' that the prisoners, all of whom were under the age of 23. were privates in the 58th regiment, quartered at Harwich. The proseeutrix ■ girl of IS, of prepossesaing appearance, was servant in the family of 31 r. Stewart, ■ pilot, ►t Harwich. A young seaman, named Finch, Will paying his addresses to her, with the approbation of her frii.sils. In the evening of the 20th of February, she was walking with her lover oil the Esplanade at Harwich, when they were accosted by the pri antlers, two of whims laid hold of her, and hurried her off to wards the barracks, leaving the others to secure Finch, who struggled to follow his sweetheart, and protect her from vio lence, I miring her shriek fur help ; but finding hi► efforts to release himself unavailing, ho returned 10 the town to procure assistance. In the mean time, the unhappy girl was forced to a hollow place near the barracks, and in spite of her efforts, she was forcibly violated by all the prisoners, who sneoessively accomplished their diabolical purposer. The prosecutrix spoke with certainty as to the identity of the prisoner Reyoulds, and other evidence sass adduced to show, that the remaining pri soners had h. en ansent from barracks at the time the tramiantion took place, and shortly afterwards returned and hurried to het. No doubt was entertained of their indectity. The case in its I ,deteils excited universal horror. The unhappy prosecutris was deeply affected, and her situation produced general *yin peaty. The prisoners said nothing. Mr. Baron Graben' summed tip the evidence. The jury immediately found the prisoners Guilty—Death. The awful sentence of thin law wiat immediately passed, and they were left for executioti. Wiliam Chaplet alias Edward Ledsliam, • youth of 18, was indicted fur uttering a forged and counterfeit check, in the names of Messrs. Kingsford, Jekea and Co. of Mark-lane, upein Sir John Lubbock and Co. fur the payment of 101. knowing the saute to be furged. When the prisoner was put to the bar, upon the arraignment, he pleaded guilty, after a warning that he had better stand his trial. .CIVIL SIDE. RCMP O. AIMEE, AND ANOTHER. ' This was an station for trespassing on the plaintiff 's land for the purpose of kifting vino after notice. The defendants pleaded first, not guilty ; and second, leave and licence. The action was brought at the instance of Lord Petre, whose tenant the plaintiff was, of certain lands in the parish of Chit. derdittl, with a covenant in his lease nut to allow any person to sport upon his lands without the leave and beeline of his landlord. The defendants were father and son, the latter being a child of twelve - years old. It was admitted that the father was qualified by estate to kill gatne.—The trespass proved W 34 that the elder defendant bad placed himself in Childerditch church-yard; whilst his son sent a pointer into a shim, or cop pice, in the ocenpution of the plaintiff, adjoining tile chinch yard, to drive out game, the son going round the straw at the same time. A pheasant sprang up, which the father shot at, but crisped, in its flight across the church-yard. The notice to the defendant had been served upon him four years since: Mr. Baron Graham summed op the evidence for the jury, aad left it to them to consider the probabilities of the case, as proved in evidence. fhr Jury found their verdict fur the plaintilT—Damages one ; but the learned judge refused to certify as fur a ma licious treapos, which would matey oasts. WORCESTER, CROWN Com gmtan'tv Ansoar..—Wilham Harris. Ruben Bell, and Willi.* Lilly. were indicted •fer fri usly lettinF ire to the biro ofJoseplaJakeman, near Broongrove, in the county of Worcester, on the night of the 27th ("Sept. last. It was proved hyttli.Jakeinati, that.bis barn, which was old and thatched with straw, was burnt down on the night in question. • Ile could ascribe to inotise to the conduct of the p.inies who set it on fwe, except that lie hail occasionally threatenedalye idle Wyatt(' the neigh bourhood fit( trespassing oa his fields, but hid never 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 whites...wed that, mi the etening of the 27th of Septembet. Bell, in the presence of the other ilrISOllOll, asked him if be would go and set the barn on fire, or if he -would tell if the others did it t lie replied, that he would not tell. Bell then directed him to go into the 112111, and file up 114 pea-haunt against the rafters: he was afraid to po alone, and Harris and Bell accompanied him into the barn, while Lilly watched pn the outside. They piled up the Ina -haunt close to the rafters. Bell then fetched some laths to light the lire whit ; Harni said they would 1 horn, and brought a coal from his lodgings. He wrap ped up this colt lit some pea-haunt, and put it against the learn, which caught fire. The prisoners stayed till the barn began to 61, , 31-.., amid then separated and went home to their beds. This witness, on being repeatedly j questioned by the J mtge. es to the motive which actuated ! the party, declared, that it was merely a frolic, and no twilicions inn:tee was follgilVdttii by tile evidence. The Of the UCCOIIIIIIICe was confirmed in several circumstances by other witnesset. It appeared that Harris had been very active in endeavouring to rano ! Knish the flames. . 1 he prisoners being called on for their defence, vet rally denied hatrimi any concern in the fire, 41111 respectable witnesses, who gave them ru VXCeliCill cha racter for steady, industrious, and regular habits. The learned Judge directed the jury. that a wicked motive WAS a necessary ingredient die crime impined to the prisoners. 1P limy believed .bat these lasts had set hie to the barn in a frolic, huweaer improper and perilous, they could not find a verdict of guilty, on charge affecting their lives. But when they considered the preparation which was made for the work, and the deliberation with which it was performed, lie (eared they could scarcely acquit them of a malicious design. The scales of life and death were in their hands, and he prayed the God of Mercy to direct the balance. The jury, after deliberating for twenty tninott•s, f the prisoners guilty, hut earnestly recommended them to mercy. The learned Judge immediately proceeded to pass sen tence of death, but intimated to the Kis:niers, that, in pursuance. of the reeionitieittlation of the Jury, the Crown would mitigate the sentence. CHARGE OF MUHDEE.—Lucy I)ater•r was charged with the wilful murder of her child, tiVilliain Dancer, an infant of tile age of nine months. 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 kilted her child by cutting its throat with a kink, which was produced, stained with blond. She was the wife of a labouring 111311, and had another child, to whom she had always been a tender mother. II appeared, how• ever, very satisfactoriiy,•front the evidence of Al r. Uuw ning, a respectable surgeon of the county, that site was 11l a state of absolute insonny at the time when site did the act, and had since remained in that condition, . . The jury, miller the direction of the ',amen Judge, acquitted the prisoner on the ground of insanity, and she was detained in custody mull his Alijesty's pleasure should be known as to her Sratlinuo.---Williant Itatinden was indicted under Lord Elletiborougit's act, for slabbing V Itiidgewater with a knife, with intention to kill, to disable, or to do him smite grievous bodily harm. It appeared that a quarrel had arisen between a brother of Ranisden and a man named Cu:Huller, about half past nine o'clock in the evening, at a public-house called the Crab Mill, in the town of Bromsgrove. The pi°. secutor acted as the second of Chandler, and thinking he saw tin-bit-isomer unfairly assisting his brother, remon strated with him Oil his conduct, ii pots which the ph. sinter raised a slick, and threatened in knock out his brains. Tile prosccolor wrenched. the stick f his stand; on which tile prisoner striick hint on the sAe with sonic shin p instrument, and blood flowed front the wound. Tile prosecutor stated ihat lie was confined to the house for a week afterwards—that he was attended three we,ks by a medical Mali, sod that he still felt pain on stooping. The surgeon who dressed the wonted was not in at . teridance, but the learned Judge requested Mr. Downing to tX.IIIIIIIC the part where the wound was inflicted. 'foal gentleman having retired fur the purpose, informed the Court that the cut 'mot have been very alight—that it could unit have prothic.A any SCIIOIIII Collfsequelteril, and that the statement of lkidgewater that he now felt any inconvenience resultiii4 tout it must be untrue. Vim this et idence, Mr. Justice Befit directed the Jury to acquit the prisoner, but Indere! him to find bail to answer for the assault, winch his Lordship characterised as most cowardly and urinal. The prisoner accordingly gave bail, and was then die. charged.. . _ . Tne business of the Crown Court was finished at one o'clock on LVeiltiestia). row prisoners, Thomas Jack son, Joseph Astute, JaIIICS aivis, and Thomas Gibbs. re - CCIVVII sentence of death, f...r stealing cattle. His Lord ship intimated that, in consequence id the prevalence of this crime in the county, one or more of• them must sutler the last pion:Anoint of the law, and that, attlesa the crime should be lessetted at the neat assice, all who were convicted would share the same fate. Five pri soners received sentence for burglaries and robbing cut ugeb in the day time, to whom similar intimations were gigett. WINCHESTER, ?deficit 8. DREW V. GREEN. This was an action to recur& a compensation in damages fee he seduction of the plaintiff daughter.—The plaintiff is • sublieun residing in Winchester, he has five sous and two daughters. deli:Want is a batter, st Winchester, having a shop also at Alton. He is a married man, and has a child.— The plaintiff and defendant are next dour n ighlauers. The .nhatance of the unfortunate girl's evidence is as follows : She is twenty two years of age, and the youngest daughter of the plaintilf. Soon alter the defendant 01311 P to reside near beg (Adm., she brume intimate with the defendant's wife, and mutual visits took place. Mrs. Green was sometimes absent (runt Winchester. During her absence in January, 1821, Mrs. Green, has iug no servant, requested Miss Drew (who had been acoxsulased to assist Mrs. Green, when at home, in her household to come in and make his bed for him ; this was between eleven and twelve o'clock in the morning. I• consequence of this request she did go the house, and pro ceeded to do 113 ha had asked her. IV Inlst she wins ►o em ployed, defendant came into the room and conversed with her on indifferent suhjects, and then went down stairs. Übe finished the bed, anti then went down into the sitting room at the back of the shup. Miss Drow left his house, and went .home, but did not disclose what had hyphened to any person. About a week after (during which no intercourse took place), Mrs. Green asked All.. Drew to coon and trim a b a t tni. her ; accordingly the day after ►uch request, she did go into the de fendant's house fur that purpose, but Mrs. Green had, unknown to Miss Drew, gone from home. In October, plai n tiff ' s daughter was delivel'ed of a child, which is still living, and of which she declared the th•fendent to Ito the father. The eross•oxamination produced additional facts, In sub. stance as follows r—Defendanes shop is open to the paWro street ; there is a glum window between the shop and the Milo ting room ; that the defendant only succeeded iu his purpose by force and violence t the door dividing 'the room front t he shop, may or may not be mitre than fou r y ar d s f rom the publio street, and is in 4 line n 41 the front door in the shop ; peo ple often were in the shop; the counter is shout two yards from the room door ; there is a window belonging to walker house within • few yards of the back window of the sittiog• room ; the mother of Miss D. had always p d her lino tiun and cold; lenoe, but she concealed from bar what bad hap. she (Miss D.) had once before stated that the affair stated had taken ',ince in December, Iti2o , bat it was ba , she never told Ulm Green of it ; her mother first (i•