The National Register. — London, England, 1819-03-28 00:00:00

r ,t. at ^SO MARCH U. YORK ASSIZES, NIARCII 17. •••••••-- 711014A1l WILSON W/NTLS V. WALTON. The Jury. without leaving the box, found the defend- The trial lisftted more than four hours; the Court was crowded to excess. Tim Jrfeesdatit will be brought up for judgment, in the plug's /latch, in tbe ensuing Term. TiliS was an action to recover a compensation in ass maps from the defendant, for the seduction of the plaintiff's wife. Snjeant Caoss addressed the Jury on behalf of the Mr. H. Harrison produced the copy of the register of the marriage of the plaintiff, from the parish church of Si. Maq. Hull. The marriage was solemnized on the 27th of November, 1810; witness was present ; the parties were young, and nearly of the same age ; they are at present about 30 years of age. The plaintiff is a timber merchant, residing at Hull, and cart tea on business to a considerable extent. Fitz. Hall has been occasionally employed in the fa mily of the plaintiff and his father for twenty-six years ; had frequent opportunities of witnessing the conduct of Mr. and Mrs. Wittier to each other, which was always very affectionate. Mrs. Winter had three children be fore the separation took place, and she has had one since. Mrs. NV itster's maiden name was Barker; her father was a Mr. Maples, who left her a large fortune ; he died be fore she was married. Witness said that she sometimes saw Dlr. Walton, the defendant, with Mrs. %Vinter ; and that it did strike her as a little singular to see Mr. Walton there an often ; boot she never said any thing about it. Mr. Waltoi is a young man ; witness dues not think any thing about his being handsome, he is rather tallish. Mrs. Ann Wilkinson stated, that her husband was a merchant at Hull ; has known Mr. Winter and his wife ever since their marriage, atid has had frequent opponta ni ties of observing their conduct, and it al ways st ruck her that they lived very happy together; and Airs. Winter was a very affectionate mother to her children. Witness on her cross examination, said, she never ob served any change in the conduct of Mr. and Mrs. Winter towards each other. Mr. 1V In Z1:1 was a very regular man, and generally spent his evenings at home. Witne:-s has sometimes seen Mr. Walton at Mr. Winter's when Mr. Winter was present, and sometimes during his absence; witness thought it rather strange that Mr. Walton should be there so often, but she did not think that there was any thing improper. Mr. Walton first ‘lsitetl at Mr. NI , inter 's in the year 1817. Mrs Allen is the wife of Mr. Allen, ship-owner, in Hull ; has known the plaintiff and his wife six yrar , , was near neighbour to them. and was on the most inti mate familiar terms with them, and from every obser vation she could make, she thou4h t they bred happily with each other. The plaintiff, in his conduct towards Mrs. Winter, was indulgent and. tender, who returned it with every appearance of affectionate regard ; her con duct towards her children was also most affectionate. and witness never saw any change in it towards her hus band. Witness stated, that two young ladies paid a visit for some weeks at Mr. Winter's, and that Mr. Walton was there very frequently during their stay, and paid par ticular attention to one of them. Witness was cros s - examined by Mr. Scarlett. Ann Morley was servant in old .Ur. Winter's family, went in March Isis, to live with the young people. Mr Walton visited Mrs. Winter eery frequently—every day, or every other day; he used occasionally to dine there; and on these visits M►. Wittier would frequently go to his counting-house and leave Mr. Walton in the house, and the same after tea; he also occasionally staid supper, but always went away about W o'clock. When /qr. Winter was at home, Mr. ‘Valton used to walk with Mrs. Winter, and attend her to the play. bathe month Of Ala'', ISIS, Mr. Winter was absent for about three week.. Wi nets then proceeded to slate two se parate acts of adultery committed by the defendant, riming the absence of Mr. Winter. Witness did not acquaint her master with the infi.lelity of his wife; and the reason she assigned for not doing it was, that she was afraid he would not believe it. Shos..i Mr. Wal um was a good tall man. Mr. Winter had a fortune of about 14,0 001. with his wife. Witness never had any conversation with her master after be came home. Her mister and mistress were separated the latter end of the last summer, and site has not lived in the house with her master since she ►et u rtted front Scarborough. Wit nisi' said she made a meinurimitims of the t u ne when the two acts of adultery were cot iiiii toed. Mr. SCA4 tiirr addreaacd the Jtiry on the part of the defendant. _• The Jury reefed for alunit an hoar, and on their re "ma into Court found r verdict for the •eiaiutif—Di ruages ASICIW V. 113111111,TINIC. This was also an action to reviver a compensation in damages lio.ti Ili • defendant, for crintiaal conversation with the pl alttlitel wife. Mr. Ca oas stated the case on behalf of the plaimiti, whit WU* .s p. rsors considerably advanced. in life. arta " , "I beet , Y 7 y, era in she serviee of the defendant, as an agent Mr him to au extensive granary he occopird as Cleveland Port. About a )ear ago, to,ite quarrel • between them. which Mr irritated 'Air. licselsine, lbw he preferred two hills of indictment against his old ser vant; one for d rdlit•lsiracy to cheat hurt, and tire other for , t,•Jli,ig tra.s ou. of it s harts. On tise further in 'hew charges the plaiii•itt was acquitted the last bummer as slut', and of the Lister sh.ristg, the present assizes. Toe pref•rling of she Last iorlictinent was that which (the CluP.sel said) ltd . w the discovery which produced this THE NATIONAL ItEGISitIt. action. A servant of tlie lisnily.filMed at the persecu tion to which the plaintiff had been subjected, CollllllU nicated to him some particulars ; the result of which was. that he acquired the mortifying conviction, that the defendant had availud himself of the opportunities which the occupation of rooms in the plaintiff's house afforded hint, of seducing his wife from her duty to war& her husband ; and that he had for a lung period =tried on an adulterous ititticoursc with her. _ Tne witnesses, who were called to give evidence or the infidelity of the wife, proved the case very strongly. The defendant is an extensive corn-factor, and a mein ber of the Society of Friends. His Lordship shortly stated the evidence, and left it to the jury to say what damages the plaintiff was enti tled to. Verdict for the plaintiff—Damages 501. SUSSEX ASSIZEs —IIOINHAM, MARCH i 5. CUTIING avid MAIMING. Amon GOP, a youth of prepossessing appearance, azed about is, was indicted under Lord Elleuborough's Act, for fe:ouirinsty and maliciously stabbing and rutting George Gibbs, wit► intent to murder ur du bun some gal von. bo dily harm, ou the 13th lust., at the parish ut blorritivois, in this CUUIIIy. G. inge Gibbs, a youth ahoy' 16, the unfortunate victim of the prisoner's ferocity, appeared 111 the box, dreadfully emaciated, and still I.buming under the effects of the out rage which he had suffered, his wounds being yet green, and gave the following statement :—His tither was paik keeper to Lord de I■ btch, who lived at Parham-pack. lis the evening of the irith of March, about 8 o'clock, his fathir sent bins with a message to the Crown pnblic.house, a short distance from Parham, when be suet Ilse prisoner, neer the end of Isis father's garden. The prisoner bad a stick over his shou.der, and although the night was rather daik, he could see him by the light of a lantern which lie carried in his hand. isouer was then alone, but ap. prated to have patted Ir :mother yowl man, named Duke. H'beu the prisoner approached him, he was about to wish him good night, wheii the former struck him over the head Nail fare with the stick which hr carried. Ile was nearly lammed by the blow, which belch/ repeated, lie was knockrd down, and front the vin.ence of ibr Lion, the stick was broken. The wants' immediately cried out,-- "Oh ! Jemmy Gibbs, don't murder me;' and begged for merev. The prisoner then went round him,'inits nnmc dialely pulling wit a pocket knife, cut him twice midi' the chin; but his sanguinary design having failsd by these means, he stabbed hum behind the right tar with the saint weapon. I .Mlitnt a. struggled to get from him, and in doing so, disarmed him of the knife, and in the scuffle the pri soner drew it through his baud, and wounded several of his (lagers. The prisoner theii took him mood the waist, and dragged him to a gate•post, suit enilearuitri d to ►euig his bea•i against it. 11'Mo:so cried oat fur mercy, slid ealltd " murder," upon which the prisoner caught bold of him by Ow throat, which he gririt with both his hinds, in or er to prevent his tusking any Boise. He immediately afterwards let go, but seised 14y throat a second lime, snd then the witness lost his senses, and remembered nothing afterwards; when he rectors-led, he fuoud Massed' with his friends. He swore positively thaT otter had . any quail syl in his lite with the ; that they were statue sakes; they were not related; that he hod known the pri soner as a passing acquaintance, and had seen 1 or ca. sionally; but lie was by no [MAIM intimate with li.m. lie torrid in no manner account toe the prisou.T's attack upou him. George Whale proved, that he heard the cry of " mur der" on the evening in tpiestion, and *seat to the spit fruin whence it proceeded, when he saw the piostrutur weltering in his blood, sod in coosequetice of the alarm which he gave, the prisoner was pur,ued Wm. Moore proved, that he was attracted to the san pinery scene, in consequence of beau iei4 the piusecutur try out, " Morder"—.. Jemmy Cobbs, don't murder me!" Daniel Dullsiated, that he apprehended the prisoner between 9 and to the same litchi on %Aladdin common, mid saw the [moonier running from him, and endeavouriseg 10 escape John gently was present when the last witness seized the prismicr . ids hands and face were vary bloody. Daniel Plash picked up the pocket-knife, which was smeared with blood, sad a stick, resenabliieg a broonirtick, broke, is two or three pieces, whirls art idea he produced, aid which %tee proved to lee the presoures. Mr. Deneadt, a surgeon at htionnegeon, who was called ha, describe d wounds which bad been iiiiiicte•A em the prosecutor. The knile bein‘ shown to lien, be said it was dull on the edge, sod in his juagoseeit that circumstance. presented the wound being fetal. Here the case for the prusei intern closed. Mr. Justice BA Ift.l,li asked the prisoner what he bad to say in his defence. The prisoner said, .' 1 duo% know that 1 can say any thing." John Gibbs, the father of the prisoner, came forward in a state of pitiab:e agitation, so stood, and slated, that he was a Nieto, in Petit, that Ina sun and he were in the habit of workinc for Mr. finery, a farmer at Parliaill. His the day mciiiimie4 he the Owlet aerie, after he and lite sou had perforated their daily labour for their time:flyer, the, came I to do • work in their own garden. He (Owes., el that there was sumethiog sitigndir in lbe behaviour of the prisoner, who illeelaid not to work with his usual chef. fu loess. At supper tome in Ilbt evsolot, attoilt 7 o'clock, the prituner Seemed low Spirited and toe very little food. He kept bark (rout the Air, tiestead of comileg foe ard as noun on such oeca- Stolle to join in the hoesib.e cheer...allure's of their meal. Alwmt ball peat 7 ibe prisoner seat oat mid Never returned He dish out know of any quarrel between the prosecutor and bus son. 4mr.Jt Gib r, the stretched mot her of the prigoner, ahro iu an agony of au ief, rlalyd, that ■tc toblietlrtql routes is NisiKulAr in the helinviour of her oon during somwr lime of I lir night in pie.' it.o He ate lillie, anu m 1 quite Lela n d from the le.t of the family. Him loom wpm pruumut, and war whom to go honor lie war admit 40 ancomp.sit) hr.., hot he made nu MUM r, and stood dejected agrintt the cupboard .f the room. Wiwi ss knee of so quarrel between her son nod the prosecutor. They aiways appeared to be on rood trims *llk c►cd ether. The pr.ioner was a quiet, 60W and soda-talons lad, and worked early and late, ain't war not tin to gusts of p moan or ail t. in pe r . A tete Price, the prisoner's aunt, ohs. rt-Ld his conduct at the slipper-time above-mentioned; h.s behaviour was roil different from what it tistrilly wx• ; he appeared very When he wee miring witne,s's ektld t he thiew it op m v great flurry, and not with his usizat and tender care of the child, of which he was very fi n d. The pri..onar we. reidrl in his imu.ners, dutiful and .!itent:ve to his porreate, and cx- In'Ille:y (hitt:end le his autp!opiunt. On that night the witness 'Wald him to see her hour, but waking taw answer, he stood silent and deji died. lie usel to see her home tit night on the Ike occasions. Mr. IL Ltnery, a respectable farmer at Pau ham, stated that the prisoner worked fur him three or tour years He was au extremely good workman, and a very indu.tricns, attentive hr always bur r t!,c character of a elvil, kind hearted young malt, and WAS never known to quarrel with attybudy. _ . . Mr. iislice BAYLEY then summed up the whole of the case vs jilt great moot , lass, and advertiug to the defence . Inch hod lists set up. told the jury, that if they were of opinion that :lie r, at the tune be committed di eadfiii 011,tice imputed to him, MAI pis -seised of sufficie , t rsasoo to thstiiigulsh sight from wrung, he was answerable to tie law for the act he hail committed, and the pun, I con&eltictiers akelt must follow a conviction fur that :eel inti,t lie visited Hiroo hi. head. 'I be jury, alter a few moments' deliberation, fou:id the prisoner Cui:;:i The Yarned Judge immediately pronounced the aural sentence of tie dh, its a to littler en impressive and pathil::: as :4 le,lVesio dry eye in coati, holding out to the prisoner nu bop, a of inriey. The primmer, during the whole of the trial, was secs:: 'y agitated by remorse and apparently moat.. fed sensliaii:y. After be was removed from the bar, tic prosecutor awl. Lis father appeared in the aitness•bux, and earne•tly 'rimed the leorited Judge to wait his life, and mitigate the seatence of the law to transportation but Mr. Jcsixe Bayley said, that his duty was imperative, and that if he dared to relax the severity of the law, he should want - no suggestion of mercy on the part of - the prosecutor to prompt him to an act to which he WAR naturally impelled by his outs feelings of commiseration for the unhappy ctin vict. Hut he dared tvd, fur the sake of the public.auspenit that punishment. If mercy could he extended to the pri soner, it could only be attained by an application to Ibe Secrete. y of State. Valite. BOW STREET. Warning to Licensed Vichtellers.—OnWeanesdny, the landlord of a public house appeared to answer the complaint for buffering persons to gamble in his house. A journeyman taylor, named Clancey, was the complainant, and stated, that on the 15th of Febru ary he went in a state of inioiication to the defend unt's house, and was challenged by a man to play at " Put." The landlord produced a pack of card, and the witness in a sh . ort time lost 5/. which ha had with him, and the former then lent him 31. which he had lost as speetaly.—Several witnesses contirtuca . this statement. The defendant solemnly denied having provided the cards, and said they were brought in by one of the players. The present proceeding was, he averred, a conspiracy between the complainant and his fellow-workmen, who, having got much into hii debt, he had been compelled to sue th , m, awl they had adopted this method of revenge. The &- fend:lnt did not deny having :Mowed card paving. Upon reference to the% tote, it was found that an intOrmation, to be effective, must be laid uithin seven days from the date of the offence. The penalty is 101. The Magistrate said, the defendant was highly censurable in having allowed curd-playing in his house. He hoped the defendant, and others of the trade, would act. with more caution in future, as otherwise their licences would be in danger.—" And now," observed the worthy Magistrate, " I find it is enacted in the Statute, that any journeyn;an, ap prentice, &c. being convicted, either upon evidence or his own confession, of gaming in any licensed house, is to be fined ss.—and as you (complainant) have upon your oath confe,sed this offence, I cannot do less than tine you in that sum."—(A laugh The tailor, with evident reluctance arid niortii:ca. tion, paid the fine and departed. On Tuesday Sir Nathaniel Conant, Mr. Birnie, find Mr Hicks, assembled at the office to investigate the conduct of Thomas Bond, a man employed as a patrol, respecting hi conduct at the late Westmin ster Election, in procuring and `employing a certain number of men to attend near the hustings, &c. when, after a full examination of Bond's conduct in the transaction the Mitgistrates came to a deter tuination to suspend him from his employment, nub he was accordingly suspended. Sheer Slealing.--O. S. nrday or sitoday olphSarorglVel.e 11; . +t. au she silhanr eanesed r tirisi Worming to 4s. I ta a, on the Lynn nweffnuin. and tilted a o;:trp, 14 ki n a away tlata .tg*, shooleirrc. and part al liar ens rd...., .Lich sik* cat oitta s:st %Lin and wool tt.r rem.. the rtma i n i uz a%§ as bssris .1 in ilsc earth, In the anissts.set land. o f T in Gainers has blear offered.—Tice acusicia ale ;.