The National Register. — London, England, 1809-07-30 00:00:00

RAW 30. ship:: I meat. ~ ,rith the risk - of the 10,-s of the ship.., or if it twit,. to , with the loss of cable, 41tEr. Q IVas there an other sitoation in the road of Aix in which ships of the line might 1 7a. 4. been p' teed to annoy the enemy nithout risk of In 1-ist ?—A, I t o.ink not. Q. When no were within the Isle of Aix, did • on observe the state of defence of the I-land ?—A. I (11:1. The enemy shifted their suns from one part of the island to the Q. Did the . Captain of the Imperionse hail the Indefatigable as she was goinkr ont, and propose that *he should go one quarter of the Ocean while the Imperictise went the other ?—,\. Lord Cochrane hailed the Indefatigable, Hut what he said I could not make nut. I told him I was or dered out. Ile asked me if I had been a-ground ? I replied, yes. He said he should like to take our around. Had he sent a boat to me and proposed a thing of the kind I could not have 'thought of doing it without orders front in superior °dicers, or do I know that it was nossihle for the Indefatigable to have got near the Ocean. Q. Wheu you were called out of the Isle of Aix, (01111 c on, had v on remained there, have destro‘ed more of the enciny's ships ?—.l. I don't think we could. Q. Did .you oh serve the situation of the enemy's tno line of battle ships that were longest admit near the Isle of Aix, on the morning of the Mit ? 1. 1 don't know exacth ; they were laying there, — Q. Were they in a situation that line of battle ships, nithe,ut -being in daw!er. or being within range to be iolured front the batteries of the kle of Aix. could have attacked them ? A. I flout keon that they would have been agromml, but they tnust he endanTered from the batteries and line of battle ships.—Q. Had any of the enemy's line of battle ships struck to the Imperieuse before you commenced the action ? A. INI•to assuredly not se veral broadsides were fired at the Calcutta from the Indefati gable. Lord Cochrane, or some person from the itriperieuse, hailed me, and said the Calcutta had struck. 1 could only see her at intervals through the smoke. Here the evidence closed, on which the President• informed Lord Gambier, that the evidence for the prosecution was closed, and that the Coort would meet to-morrow for the purpose tit know ink, n hen his Lordship should he ready to proceed in his defence.—Lord Gauthier replied, that he hoped he sbouid be quite ready. PROIINCI.II.S. TTIE NATIONAL REGISTER. YORKSHIRE SUMMER ASSIZES. David Portion. jun. of Beverley, butcher, w:1. 4 charged with the wilful murder of Robert tlardener. of the same place, on the 10th of April last, by stabbing him in the side ith a knife. This was a trial which excited much interest ; the prisoner was much respected, and the particular cirramstancei under which the deceased came by his death, powerfully interested the feelings of the Court in the prisoner's favour. It appeared that the deceased was susFected by the prisoner, and a: appear ed from the evidence, not without sufficient reagon. of art 1:111. nal intercourse with his wife, a few minutes before this nape tunate event took place, he flaunt his wife at a very unseason able hour in compaly with this deceased, in the street. Which so irritated hint, that he declared he would stab him if ever he came into his house or premises. The deceased unfortunately persisted in accompanying the woman into the bowie, and the prisoner immediately said to the deceased, " I)atnn you, Gar dener, I will stab you; Son have huddled my wife in the street." and immediate:) , made a thrust at him w ith a knife he had snatched from the table, and wounded him mortally. The unfortunate man langaished until the loth of April, and then expired. Previous to his death he admitted that the suspicion.. 'usc the prisoner were well founded, and which was indeed suf ficiently apparent from other circumstances laid before the Court. The Judge, in explaining the law to the Jury, Paid. chat if a man should kill another in the act of crintin.il Aitercourse with his wife, it would not be murder, but manslaughter, hut it' a person who had received such injury, should deliberately con trive the death nof the perso who hail so injured him. it would doubtless be murder; . his Lord,hip,•howeyer, thought, ihnt any circumstances which fell short of the actual crime, and yet should clearly indicate such au intention might come within the mean ing, of the law, The Jury, without a moment's deliberation, acquitted the prisoner of;ihe murder, aud found him guilty of manslaughter only, to the satisfactiuti a ;1 VCIal crqwded Court. 489 R A en —John Wilkinson was charged with having, oo Tues day, 'the 23d of May last, violated the person o f Elizabeth SN kiss, a female child about eleven years of agc, in Earuley Wood, in the parish of Leeds. Mr. 'lardy stated the ease on the part of the prosecution with hi- usual ability rind perspicuity. The first witness examined was Elizabeth Sykes ; she stated, that on the 23d of May last, ns she was returning from her work in the evening, she was accosted by a man, who asked to shew him the way to Galdersorot through the wood ; the wit ness pointed it out to him, but he said he could not find it unless site went with him, and he would give her half-a-crown. The itness accordingly accompanied him ; they had only gone 4 little way when they met a person of the name of .John Bromley, who asked her why she was going bock ? Site said she As as only going a little way, and would return immediately. Witness said, they went on the foot-path through the wood, and she frequent. Iv wished to return, but he always wished her to go a little far ther, %illicit she did. When they got into the middle of the wood he threw her upon the ground ; she cried ; and he taking a knife from his pocket. said if she made a noise ne would cut her throat ; this frightened her so much that she made no further noise. The man then completed his abomitiable design and left her, giving her two-pence.— The witncs4 on her return home, met with tier father, who ask ed her %% hat she had been doing ? She replied she durst net tell him, and begged him not to heat her. Her mother soon dis covered the cause of her distress. and next day she came down to Lee& and saw a roan at the Chief Constable's and the Rota tint) Oilier, whom she knew to be the man who had used her ill. She knew him both by his dress and his look. Witness was asked if she should know him at present. She replied she could not tell. On being desired to look round on the persons in Court, and see if she could point him out. She could not fix upon the person of tho prisoner; and though the Judge ordered her to be brought up again at the conclusion of the rase on the part of the and had her attention fixed upon the prisoner, •he could not identify hint as the person wh o had c omm i t t e d the outrage. kes, the father of the last witness, stated her age to be raiti.-r under It years. Remembers going to seek his daughter on the night of the 23d of May; when he met her, he was much struck with her appearance. The next day he went iti , earch of the prisoner,. and found hint in Leeds. On being asked tf te was :Li Cildersame the preceding night, be said, I do not know s•lei :t place as Gildersosne." (Gildersume is three miles from Wortley, the prisoner's residence. Sarah Sykes, the mother of the child said that her daughter's linen exhibited the appearance of the outrage mentioned in the indictment was likely to occasion. J o h n Bromley corroborated th - e evidence of the child as far as respected his meeting her and the man iu the wood, - and swore, positively, that Wilkinson was the man. Benjamin Saw.er Was called to prove that the prisoner, hay• ing lived at IVortley eight or tPn years, must have known Palm . _ . I* v NVood, a dista nce of about half a mile, and the village of Gildersome. 1k stated the prisoner to have borne a good chi. rafter. The Judge said, the question on whir:. titre could he any (lit& rutty was, as to the identity of the prisoner, whether lie was the person who committed this rape; for that a rape had bee* committed, he thought was clearly made out ; aed the Jury, la determining thi, point,_ would take all the circumstances of the case i n t o their consideration; for though the girl was not the% able to identify him, it did not follow from that that te was not guilty, if his itientiLy could he made nut by other proof. The Jury retired fora cousideratde time, and ouretern4qsiute Court, found the pr isoner—t- Yet Goi/11/. At the avtful moment het ixt the entrance of the Jury Iwo Court and the delivery of their verdict, the pri ironer seemed ftIV of his periluub situation ; and when the .erdict was prpo nounced, appeared deeply affected by Pis Harr° w escape" srAFroan ASSIZES. CLARlir e v. I(AILSTOSE. SEDUCT In iS wn one of the most interesting trials at these Asr.ine7). . It was an action brought by the plaintiff, Mr. Thomas Clarke, of Wolverhampton, against the defendant, Mr. Thoina , , Itailstone,, of the %agile place, to recover damages for the sditction of the plaintiff's daughter. The principal circum. stances, as given in evidence ivy the daughter, as h.) is helyreen Is and 19 years of age, were, that the defendant, a near neigh. hour of the plaiutiff, became acquainted with her, in COLiSett 4 - 4