The National Register. — London, England, 1819-03-29 00:00:00

MARCH The Jury, without keying the box, tuti.nl the Weed- The tsial lasted sore than lout linurs; the Coact was crowded to excess. Tile defendant will be broileit up fur judgmeitt, in the King's Bench, In the ensuing Term. YORK ASSIZES. MARcu 17. THOMAS WILSON WIN UR V. WALTON. T:iir was an SC.IOII to recover a compensation in da m . g es from the defendant, fur the seduction of the plaintiffs wife. Scrjealit CROSS addressed the Jury on behalf of the Jr. It. Harrison produced the copy of the register of the marriage of we plaintiff, front the parish church of St. Mary, Hull. The marriage w solemnized on the 1 7;1 1 of November, 1810; wittiest' was present; the parties were)oung, and nearly of the same age; they are at p r esent about 30 year. of age. The plaintiff is a timber merchant, residing at Hull, and carries cm business to a considerable extent. Eliz. Hall hue been occasionally employed in the fa mily of the plaintif f end his father for twenty-six years ; had frequent opportunities' of witnessing the conduct of Mr. and Mrs. Winter 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. %Winter's maiden name was Barker ; her father was Mr. Maples, who left her a large fortune ; he died, be fore she was married. Witnes's said that she sometimes saw Mr. Walton, time defendant, with Mrs. Winter ; and that it did strike her as a little singular to see Mr. Walton there so ofen ; but she never said any thing about it. Mr. Walura is a young man ; witness does inn think any thing about his being handsome, he is rather tallish. Mrs. Ann Wilkinson stated, that her husband was a merchant at Ilull ; has known Mr. Winter and his wife ever since their marriage, and has had frequent opportu• nines of observing their conduct, and it always struck her that they lived very happy together ; and Mrs. IVillter was a very affectionate mother to her child; en. Witness on her cross examination, said, she never ob served any change in the conduct of:%lr. and M rs. Winter towards each other. Mr. Winter was a very regular man, and generally spent his evenings at home. Witness has sometimes seen Mr. Walton at Mr. NVinter'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 visited at Mr. IV niter'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 years, Was near neighbour to then), and was on the most inti mate familiar terms with them, and front every obser vation she could make, she thought they lived 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 teas there tery . frequently during their stay, and paid par- ticular attention to one of them. Witness was croes-examined by Mr. Scarlett. Ann Nlorley was savant in old Nlr. Winter's family, went in March IS to live with the young people. Mr. Walton visited Mrs. Winter very frequently—every day, or every other day; he occasionally to dine there; and on these visits Mr,: inter 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 10 o'clock. When Mr. Winter was at home. r. IValto used to walk with Mrs. Winter, and attend liar to the play. In the month of May, 1818, Mr. Winter was absent for about three week bness then proceeded to stale two se parate acts of adultery 'committed by the defendant, during the absence of Mr. Winter. IVitness did not acquaint her master with the infifelity of his wife; and the reason she a-signed for not &Mut it was, that she was afraid he would not believe it. She s.ti I Mr. Wal ton was a good tall man. Mr. Winter had a fortune of about 14,0001. with his wife. Witness never had any conversation with her master after he came house. Her utter and mistress were Separated the latter end of the last summer, and she has not rived .its Ow house with her master since she returned front Scarborough. Wit nets said she marle'a memorand of the time when the two acts of adultery were coentnined. Mr. SCAML err addressed the Jury on the part of the defendant. The Jury retired fur about an hour, and on their re lorii into Court found a verdict for the plaittufr.o-1).t• 111J,Vb I obk2ol. *stem V. LIESSItLTINE. This was also an action to rt cover a compensation in damages from the defendant, for criminal conversation with the plaintifl's wife. Mr. CROSS stated the case on behalf of the plaintiff, nlin was a person considerably advanced in life, and had been 27 years in the servtee of the defendant, as an ttent for him iu an extensive granary lie occupied at Circe isil Poi t. A limn a tray ago, note 911alrel arose loowten thew, which s o whaled Mr. lieseltine, that he preferred two bills of indictment against his old see `4lll; title fin a conspiracy to cheat hint, and the other for stealing oa's out of by barn. On the former of these th , nges the plaintiff was acquitted the last sounuer as s, and of the latter timing the present assizes. The Nei - cuing of the last indictment was that which (the Counsel srid) led W the discovery which produced this TnE NATIONAL REGISTER. action. A servant tit moved at the persecu tion to which the plaintiff had been subjected. commu nicated to him some particulars ; the result of which was, that lie acquired the mortifying conviction, that the defendant had availed himself of die opporm ll i l ies which the occupation of rooms in•the plailitiffs house afforded him. ul• s.ducing Isis wife front her dilly to wards her husband ; and that he had for a lung period cairiod on an adulterous imercours.: with her. Tim witnesses, who were called to give evidence of the infidelity of the wife, proved the case very strongly. The defendant is an extensive corn-factor, and a mein. bee of the Society Of Friends. His Lordship shortly slated the evidence, and left it to the jury in say what dant:s i tes the plaintiff was enti tled to. Verdict for the pliontift-I)antages 301. SUSSEX ASSIZEIL—HORSIIAM, SlAncn 25. CUTTING and MAIMING. James Gibbs, • youth of prt possessing appearance, aged about Id, was tudicted under Lord Llleabnrofigh's Art, for feloniously and maliciously 01,0ot:ilia aud eu►totg Geor-te Gibbs, with Weill to murder or flu bun some gti routs bu dily harm, WI the I:Atil lust., at tbyprislt of hturi is this county. Charge Globs, a youth about IG, the •nfortunate victim of the prisunes's ferocity, appeared le the butt, dreadfully • emaciated, aud still lawns-mg under the effects of the out rage wlitch he had suffered, his ifb.unds being yet green, and gave the following statement :—His father was pat k keeper to Lord de la Zouch, who lived at Parham-pafk. In the erring of the [Ali of 3lareb, about a detach , bis father scut hitt, with a sin singe to the Crow,. public•house, a shout dist tore front Parham, whets he ant the prisoner, near the cod of his father's garden. 'Pit pi isoner had a aliek.over his shineder, and although the aught was rather da k, lie could see lain by the light of a lacier., which he carried in his hand. 'Ube prisoner was then alone, but ape 'oared to have patted t another young wan, aarue.l Duke. When the prisoner appro.tclied ban, ha was ahuut to wish lum gaud Might, when the ftirsner struck him over the head mid face with the stick which he carried. He was nenciy bosomed by the blew, which being, repeated, he was koutled slowu, aad frbm the vid:ence of the blew, the stick was broken. The witness immediately cried out, — "Oh ! Jemmy Guldis, don't molder use;" and begged for mercy. The prisoner then went ruuod him, aid imme diately palling out a pocket knife, cut him twice wader the chin; but his sanguinary design basing fa:ied by ib.se means, he stabbed him held 41 the right ear with the Pam. weapon. tit linear struggled to get from hum, and to tklilig SO, disarmed him of the knife, mutt iu the scuffle the pi inner drew it through Ins hand, and wounded several of his fingers. The prisoner then took him round the waist, and dragged him to s gale post, and eudeavuurcd to swing his lead agaiust it. Wittiest cried oat for mercy, and called " murder;' upon wl.ich the prisoner caught hold of hint by the thrust, which lie mipeu with bulb his hinds, iu or, er to ',reveal his making any noise. He immediately afterwards let go, but seized his throat a second time, and then the witnill4 lost his senses, and remembered nothing afterwards; when he recovered, he found himself with Ids friends. He swore positively that he 'lever had any qua' tel in his life with the prim:oiler ; that they were mime sakes; they were out related; that lie had known the pri. tamer as a pas,ing i:C111131111411lee, and hail seen him VIVA. 'botany; bat he wall by nu measis intimete with If.m. lie could in no manner account for the prisou.T's attack upon him. . George Whale proved, Hutt hr heard the cry of " mur der" uu the evening in question, acid went to the spot ft whence it pruceeded, when he stew the prosecutor weltering io his blood, and in consequence of the alarm which he gave, the prisoner wet pursued Win. Moore proved, that lie was attracted to the san guinary scene, in consequence of beating the prosecutor try out, " Muerte r"—" Jemmy G.lplca, don't murder me!" Daniel Dull stated, list he 'apprehend, d the prisoner between 9 and to tb• same night on Wra. Man coact , and saw the priruner running from Il i ~, and endtavo Its ing. to escape. John Braby MAO present when the last witness seized the pri.tuner . his hands and face were very bloody. Daniel Nash picked up the pocket-knife, which was smeared with blood, and a stick, resembling a briconstick, broke(' in two sir three pieces, which articles be produced, and which were proved to lie the prisoner's... Mr. Dennett, a surgemi at stoningiun, *his was called in, described the wounds which had been indicted ow the prostcuttw. The knife being shown-to Ism, he said it was dill on the edge, and in his judgment that circuingituce prevented the wound being fatal. Here the tare for the prosecution closed. . Mr. Justice BA% WI naked liar prisuoer what be had to say in his defence. The prisoner said, " 1 don't know that I own say any thing." John Gibbs, the father of the prisoner, came toward in a slate of pitarb'e agitation, so-1111.117b so, that he could um stand, and stated, that Ire w..s it lahourtog man, that his son and he. were in the habit of as orkolg fur Mr. Emery, a fat mrr as Parham. (lu the day n o min a t e d in the ludic:. no id, after he and ha son had performed their daily labour for• their cniployrr, they cause home to do some work tit their own garde o. He meets.- d that t was tossethit . g aingit'ar su t-er behaviour of the rumor r, whO seemed nut to work with Nis usual cheetfaturen. At supper time iu the evesiug, shout ; airluck, the prisoner seemed low ' , Moiled and ate very little fund.. He kept hack from the file, instead of coming' to, wara as moat uu such °cre el nnn s to joist in. the bumble cheeriuluess of their meal About half p mt 7.1:m pen...lore weal nut and neve► returned lie dill not know (Aso) qaairtl between the prosecutor and his sun. . _ . Sut.,ll Gibha, the wretched mother Of tie mi•oner, alio, NI au uppity of grit atatrd, that %be utoervtil sii.qu;Kr its the beh,viuur of her pun dtr,si impper.s,„„. oI - She &tight its tinte.ttoll. He ate tittle, awl s+.l quite belsinti fruits the 11,4 a the fututiy. ilia aunt *45 ;present, Sod was sight to Cu home; he was caked to accumpay bre, hut he made nu 101. W. r, and aloud dejected :upshot lite cortr+rd t.f the nouns. Witness knew uf uu quarrel tortweeo her atm and the prtowcator. They aiwaya utmeared lo be uu rood tress with 'Nett %other. The pribUtitl MILS a quiet, ;ant * 163 !innate, and induatrions lad, and worked early sad late, and was not given to gusts td passion ur ill temper. Annie Prier, the prisoner's aunt, ulna reed his conduct nt the supper-time above-ttelit ironed ; his d I &ITO (rout alit it irvisnlly was; he iiirpeiired very low. lira he was nursing witeneor's child, he threw it opine a great flurry. and net with his usual an-I tender erre of the child, of which i.e was very fluid. pvi , uner ow- mill in his nit litre, chet.fal and attentive to his pareata, and ea trense:y elinigent in his ernienyno. ut. On that night the wititeas tskrd.hins to nee her liiiine, hut norkiug no answer, he atonal silent cud dejected. He used to ►at herbunse at night un the have necroinua. 34. It. Emery, a respectable farmer at Parham, stater) that the prisoner worked for Lim three or tour years. Na • was an extremely good winkinau, and a very tadestrious, attentive : he a lwaye bore t lie deo &trier of a civil, kind hearted young man, and was never known to quarrel with any body. Mr. Justice BA V LRY then summed up the whole of the cue with great minuteness, and adverting to the defence bielt had been set up, told the jury, that if they were of opinion that the pnsoor•r, at the time he eOlittnittrti the dreadful offence imputed to him, was poasessed of sullic•iert reason to distinguish right front wrung, he was answerable to the law for the act he hail committed, and the penal consequences which must follow a conviction fur that act • tonal he visited upon his head. The jury, after a few momenta' deliberation, found tit' pt.:suer Gritty The learned Judge immediately prononneed the awful sentence of death, in a mintier so impressive and patLette as to leave nu dry eye in court, holding out to the prisoner ou hopra of mercy. prisoner, siur:ng the whole of the trial, was sensibly agitated by remorse and apparently imaffected sensib n dity, After he was removed from the liar, the prosecutor and his father appeared in the a itness.box, suit eillne (IV in ;lured the learned Judi.-e to spare his life, and mitigate the 4.ratteisce of the law to traosportatinn : but 11r. Jit-tice Bayley said, that his duty was iniriatier, and that it lie dared to relax the seventy of the law, he Nhuitl.l 3.:t 110 sumgestrou of merry on the part of the prosecutor to prompt Min to no art to which he was naturally imu4'."4l by Ins tows' feelings of commiseration for the anhapp, 4.6 n. v rt. But he dared n 44, for the sake of the pith l ic,snapead that puoiAlsrucut. If mercy could he intended to the pr:- XIIIIVF, It could only be attained by ao application to the • Secretary of State. 130![a. . BOW STREET. Warning to Licetwri Victuallers.—OnWednesday, the landlord of a public house appeared to answer the complaint for ff erin g persons to gamble iu bis house. A journeyman taylor, named Clancey, was the complainant, and stated, that on the 15th of Febru ary he went in a state of intoxication to the defend ant's house, and was challengLsd by a man to play at " l'ut.'' The landlord produced a pack of cards, and the witness in a short time lost which bit had with him, and the firmer then lent him 3/. whi h• he had lost as speedily.—Several witnesses confirmed 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 feilow.workmen, who, having got much into his debt, he had been compelled to sue tin in, and they had adopted this method of revenge. 'I he de fendant did not deny having allowed card paying. Upon reference to the Statute, it was tbuna that an information, to be effective, must be laid within seven. days from the date of the offence. The penalty is 10/. The Magistrate said, the defendant was highly censurable in having allowed card-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 journeyman, ap prentice, &c. being convicted, either upon evidence or his own confession, of gaming in any licensed house, is to be tined ss.—and as you (complainant) have upon your oath confessed this offence, I cannot do less than tine you in that sum."—(A laugh ) The tailor, with evident reluctance and mertifica. Lion, paid the fine and departed. On Tuesday Sir Nathaniel Conant, Mr. Birnie, and Mr !licks, assembled at the Mike to investigate the conduct of Thomas Bond, a tug° employed as • patrol, respecting his conduct at the late Westmin. ater Election, in procuring and employing n certain number of men to attend near the hustings, &e. when, after a full examination of Bond's conduct in the transaction the Magistrates came to a deter mination to suspend hint from his employment, and he was accordingly suspended. Simep Stealing.—On Saturday or t"unday night tu.'ronitd,t last, *woe villtans rit.tutut a ti-Id boiongitiu to Mr, Tiffi n , ou Illy Lyon Hood 0111 Swatissiou, maul killed .1 s!:. e l ., taking away the leeo, shoulders, and I 'M ot the ea' . tinsel' the), cot off sill' the skin and no.il I , .eie ,, n, the retuatning part was bill ISA in the earth, in A reward of Ten Guineas fine bens utlese4L—Tise vlictidets ere yet audiwureted. .