The Statesman. — London, England, 1818-08-25 00:00:00

k , thought proper. Being sworn, he said, he hid on a Thursday met a woman in the path ; he knew Mrs. Clitheroe by sight; he had no words with her; a man had gone before him soon after the witness had passed the woman; he saw the man crouching down in a ditch bottom, and thought he was doing some. thing for himself. He said, " A fine warm night ;" the man said, 66 Aye." lie believed it was Charles blawdesley, but was not positive; he then stated the same circumstances as to Clitheroe and his wife calling at his house afterwards. On cross-examination, be said he had formerly known Mrs. Clitheroe by sight, bet did not know that the woman he saw passing with the basket was she. There was a hedge behind the ditch, he might bare got over it very easily, he could not then have seen him : he bad seen hits before. lie had known the Prisoner for three or sour years; he believed he has a wife and children ; be never saw them; he never beard any thing before against the man's character. Jane Pilkington, a farmer's wilts in Upholland ; knows the fields through whit% the path goes. She lires nearly a mile from boulls's fold, and a quarter of a mile from the path. On the evening of the 11th of June, betereen nine and tens she heard many a shriek. They were very dismal. They continued for many minutes. She could not tell whether they were a man's or a woman's. They appeared to come from the fields where the path was. She stood there hearkening to it. There was only a poor woman in the bowie, who boarded with them, and who bad Slot all her senses. Mary Kenyon, a vety young girl, was sworn. — She said she lived in Upholland, at her father's house. She heard a noise on a Thursday night. To the best of her thinking it was between nine and ten. She beard a shriek. It was kept agate (going) for some time. It came from the fields. Sbe looked out at the window, afterwards saw a woman passing by their house. It was Betty Clit hero. She carried coals in a wisket on her bead. She was going home. She said nothing to her. Mrs. Clitheroe was again called, and said she bad seen the last witness in a room window, and said she bad heard a shriek ; witness said it was she, and a men had been very ill using her. The Prisoner was now called upon for his defence; and only said that he was not guilty. Henry Fairyman, a farmer in Upholland, knows the Prisoner, who has taken some potato ground from him. On the Thursday evening in question, he saw him en the ground taken for potatoes. Ile saw him at nine, and worked till after ten. He came to their door, and asked the time of the night. It had Struck ten about five minutes. He had seen him in the field working at ten• lie had seen him from time to time from nine till five minutes past ten. He is very particular about his clock, allowed none to wind it but himself, and it was as goott as any clock in the parish. During the day he worked with Mr. Blundell, and had only the eventing for himself ; he knew him very well ; he has a wife and three children. On cross-examination, he said there was a path through the fields in the Prisoner's way borne. He sometimes set his clock by the dial. lie did not set ' it by any public clock. Ile would swear it was the time 'of the day. The dials were in Holland, two 'Giles off, and Wigan, five miles off, which be saw on market days. They are in churchyards, open to all children.—(To the Court.)—He did not bring his clock to the dials, but he took a particular account back.—(A laugh ) Thomas Harmer lives at Orrill, bad business with the Prisoner on the 11th June, waited for him at Prisoner's house till after 10. Ile went out to the rnd of the house after 10 till he came. lie came a qt trier or W minutes past 10. He saw nothing wrong about him, no flurry. lie knew him four years. lie is a married man, and ban three children. lie never heard any thing against him before. On cross-examination, he said Fairy man's was better than a mile from the Prisoner's. Mr. Fairyman, called again, said, that the dis tance was a good mile, an old mile. Jane Gaskill knew Betty Clitheroe very w elt.— She is a single woman. She remembered a man of the name of Mechison taking liberties with her. An objection was now repeated, but his Lordship thought it was not altogether collateral, and allowed the elimination to go on, giving liberty to call up Mrs. Clitheroe again. Witness said, she had told the liberties taken to John Clitheroe. His wife afterwards said to her, that if any man had used her so, she would give him the law. She did say she would swear a ravishment against him. His Lonnstur refused to allow this examination to be carried further, as not relevant. Mr. WlLLisass argued upon 44 the King against Yewin" and " Harris against Tippetb" Camp bell, 637), that evidence was admissible as to the Prosecutrix having ever given advice bow to get money by a prosecution of this kind. Mr. Baron WOOD said, that he was of opinion that this evidence was not admissible. It was re levant to call witnesses to prove that she had ever expressed an intention to swear ravishment against a man. That was asked, and negatived. It was not relevant to ask questions as to any advice given for taking money. His Lordship then summed op the evidence. When the evidence as to the scratching was read, his Lord. ship said that this was a most important circumstance for their consideration. Mr. WILLIAMS said, Will your Lordship forgive use saying, that no other witness spoke to that ? Mr. COVEITZNAY.—And will your Lordship al. low me to say, that he has not ventured to ask a' single question of another witness as to that fact? In conclusion his Lordship seemed evidently to' think the evidence against the Prisoner extremely strong. It was for the Jury to take all the circum stances into their consideration, anttgive a verdict according to the evidence. The after consultieg in the box for 10 mi nutes, retired at half-past one. A few minutes past two they returned with a verdict of Guilty, but re commended to mercy. The Prisoner stood in a state of sorrowful comp*. during the trial. When the Judge was sum, op, be sucked his - cheeks with evident appear of the utmost anxiety. He heard the verdict in e, but the quivering of his lips indicated the state mind. He was dressed in a corduroy jacket, the corresponding apparel of a labouring man. c+umwa The sera d ' ening 11000 0 silence of his , end th THE ATATtgAtIAN -CIVIL SIDE. LEWTOWAITS V. WTLDIL. Mr. larri.EnaLe stated this to be an action• of assault and battery. Mr. Caoss opened the case to the Jury. The Plaintiff was a young man of fortune near Brough ton, in Cumberland ; the Defendant was a Gentleman more advanced in years, near the same place. The Plaintiff's father tied the Defendant's wife had been equally related to a Mrs. Hunter, of whose will the Plaintiff's father was the executor. An annuity of 81. was by the will given to the Defendant's wife.— The Defendant appeared to be very indignant at this small annuity, and used rude and violent language to the Plaintiff's father on occasion of payitig' the first annuity, in 1816. To avoid the repetition of this unpleasant abuse, the executor's son, the pre sent Plaintiff, was sent with the money in 1817. On that occasion he was insulted, assaulted, and beaten on the bead and faee. The action was broughto not for deniers, but in order to ensure civility and pro. per conduct on the part of the Defendant toward, the Plaintiff in future. The Defendant, it appeared, made very merry with this action ; he said that he had an excellent copy of Blacketene's Commentd• ries, and by it he was' authorized to kick any men out of his house according to the law of England ; be had a King's Counsel (Mr. Scarlet') to defend him. On these points he seemed to rely ; but their verdict would teach a little more moderation. The action had been delayed so long in expectation that he'woold apologize upon being served with a ,writ. Nothiog, however, but their verdict would do. John Kirkbattk accompanied the Plaintiff to De fendant's house, on the Ist of August, 1817. Ile was not at home: they went for him to a neighbour. ing public.house: he never came home till his wife sent for him : she brought him home in order to sign the receipt along with her : be refused to sign : said to the Plaintiff, " Get out of my house, you son of b—h," and called him " impertinent puppy." Mr. ScAeLErr.—The action is not brought for I words ? Mr. CROSS.—Has your Client suggested that ob. jection ? Mr. SCARLETT.—NO, it is my own. Mr. Caws —I rather think it comes from the reader of Blackstone. Witness.—The Defendant struck at the Plaintiff two or three times, his wife standing between them, and restraining the Defendant: no hit was seen; but the Plaintiff said at the momen►, that be was struck twice, and he would take the law. Cross-examined—They went immediately to Major Gilpin for a warrant, but he recommended on action. Is he an Attorney ?—No. What ! not an Allot ney, and yet recommend ea action in this case t The Defendant did appear to have had several glasses of liquor, but he was not intoxicated. William Blundell confirmed the evidence es to the assault. Cross.examined.—You are the family Attorney, and yet you refused to be the Attorney in this case? —I was never asked. But did you not decline it ? I said if an action were brought, I should rather not be the Attorney. Yes? Very well !—But it was because Invest be a witness ?-1 did not want that Sir. . Mr. SGAILIATT made a very pretty speech for the Defendant, and insisted that the damages could be no more than 6d. Mr. Justice BATLIT, in summing up, expressed great disapprobation of Major Gilpin's conduct ; in. stead of recommending an action in such a case, he ought to have granted a warrant in order to bring the parties before hint, and to effect an arrangement among themselves. Verdict for the Plaintiff — Damages 101. FRIDAY. Avcorr 41. CROWN SIDE. Thomas Adamson, aged 35, was indicted for forg, ing on a gold watch-case the stamp used by the as sayer of gold in the city of Chester. This indict ment was founded on 58 Geo. 111. e. 69, a. 7. Tha Act allowed the manufacturers of gold ware to re duce the former standard of Q'2 carats to IS carats, and required that all gold ware ehoeld be certifiod of this standard value by assayers appointed by the Com. patsy of Goldsmiths, and having their offices in Yolk, Exeter, Bristol, Chester, Norwich, or Newcastle. upon-Tyne. All the operators of gold in Liverpool get their works assayed in Chester. The charge against the Prisoner, • watch-case-maker its Liver. pool, was, that be had forged the Chester assayer's stamp, which was a crown and 18 under it, on the left a leopard's head, on the right a sword sod three sheaves (the Chestier arms), and below the lever 'l' (which was a variable part of the stamp, a new letter being successively adopted every year), indicating the year 1817. Lewis Samuel proved that he had bought the watch in the indictment from one Rigby, and got a new case made to it by the Prisoner. He then sold it to James Goeden Helsby, a watch-case-maker In Liver. peel. Ho could not swear to the identity of the case predated with the case made by the Prisoner, be cause be had afterwards given it to Birch to have it polished. Birch was not a witness. James Gooden ilelsby stated, that he bought the watch, of which the case in qoestion formed a pert, from Samuel - and be, with seven other persons, went to The Prisoner end said the stamp appeared not to be geoeine. The Prisoner proposed to have it seat to Chester, in order to ascertain whether it was so or not; he admitted the workmanship to be his. This man was rigidly cross-essmined, and hp admitted that he bad bought goods stolen from the Prisoner (but be returned it before it was asked) ; he denied, however, that he had any prospect of gaining any customers by the ruin of the Prisoner; he was not aware that his father was one of a Com titian formed for prosecuting the Prisoner. Mr. Walker, the assayer in Chester, clearly proved that the stamp in question was a forgery. lie had been appointed assayer in 1809 to succeed his father. The first appointment was during pleasure; lie was afterwards re-appointed every 'ear. Ile had taken the oath required only at his first appointment. Mr. Cnoss and Mr. Witi.t.tsts argued, that since the Act required an oath on the part of the assayer, since the Indictment charged Cie forging of the as sayer of Chester's stamp, and since the witness had not taken the oath on his appointment for the specific year, the indictment could not be maintained. The Learned Judge agreed to reserve this point in case it ere necessar y.. A second point urged wasp that • the origipah Chester stamp wet predbeed . ;•bot only • copper-plate impression, and therefore the I.vithence did not cervespandto the indictment. his Lordship thooaht that the. originat bid beervpro &red in the Old Bailey. It wed replied that the original plate, &c. were never .required in the ras e of Bank.notes, and . that the original ' s t a mp wdold both be toeless in that Court, and most injurious to the trade if remcived from Chester, where it was in constant use: Ills Lordship thought this a matter of fact for the Consideration of the Jury. Mr. Cross next endeavbered to show, by cross-eaamining Mr. Walker, that the Crown and 18, which were common to all assay-stamps in England, Ireland, and Scotland, might be a genuine itnpressioni though not from the Chester office. Mr. Walker admitted that it might be a genuine impression from Edinburgh or Dublin, as he • had never seen their stamps. The crown and 18 being the only part charged in the indictment, Mr. Cross seemed &Woos to push this point to the •ttermost." "bo you believe that this may be a genuine impression ?—No, I do hot. You cannot be rug that it is not ?—No ; I have *aid so, but I have rui 'doubt upon the subject; if there mere a loop to hang a doubt on, I Outbid be most happy to make use of-it. 0, Mr. Walker, don't misunderstand me as if ritglinuated any thing to the contrary ; I. have had the pleisore of knowing you in Chester; (in a lower tone) Mr. Walker was our friend it,the Election." This possibility of mina ineness4Weas also left for the consideration of the ju l ry- h ; ;P • tison l er . a scribed ' the prosecution to the en. mity of fleshy. Two witnesses were called, who stated ' that they had always worked for the Prisoner; that hi ;tad no , counterfeit stamps, and could not have them without their knowledge; and that the case in question bad been sent to Chester, as all other wares were sent, by the Prisoner. lIP had always sent gold to be as• rayed to Mr. Madock, who was employed in for warding the goods of many watch-case-makers and others to Chester. They were sure that be had seat the case in question. The best character was given to the Prisoner for honesty and fair dealing. Ile has a wife and family. Ile had surrendered himself voluntarily for trial.— Not Guilty.—Discharged FATAL EFFECTS OF PUGILISM. Robert Johnson, aged 17, was charged with killing and slaying Thomas Emery, aged 21, at Manchester. It appeared that on Easter Monday, the deceased had repeatedly struck the Prisoner, the consequence was an agreement to fight in form on the ensuing Saturday. They fought about six in the morning, and continued for an hour and 20 minutes. After the deceased had yielded, he was persuaded to renew the battle. Ile at last fell almost lifeless, he took Johnson by the hand, but could not speak. lie ex pired at one o'clock the same day. The Prisoner was scarcely slice. All was fair on his part ; he had not sought the fight, he had not kicked or acted Tio lenity. The surgeon had no doubt that his deatiihad, been occasioned by external violence.—Guilty. The JUDGE, before passing judgment, said, that' those who had been looking on were far more crimi nal than the Prisoner ; if they were in his place he should treat them with far more severity. The period he had been already imprisoned, since the 30th of April, was taken into consideration, and in hopes that he would be cautious hereafter he was condemned only to one month's imprisonment. The Prisoner fell down on his knees before the Judge, and then retired. Ills ingenuous and firm looks greatly interested all present. CIVIL SIDE. THE RIBG V. BURROWS. This was an indictment at the suit of Fir Oswald Mosley, Lord of the Manor of Manchester, against the Defendant, a butcher, for a nuisance, he keep ing a stall in a public street, which is the King's highway, in Manchester.—Guilty. LEWLEY V. FRANCIS. The Defendant is proprietor of the passage-boat at the Rock-forry, screw the Mersey. The Plaintiff with eight others, passengers in the boat, had been upset, and two of them drowned, through the negli. Renee of the Defendant's servant. The present action was brought to recover damages for this injury. Hot it was stated that damages were not so much the ob. , p.m as the establishment of the principle, that boat proprietors, like coach proprietors, were liable for the negligence of their servants. All the passengers were to go by the Chester coach, and the boatman had altogether abandoned his boat, and intrusted it to the coachmen. It was upset solely through the ignorance of the coachman, who steered straight for. ward with full sail, when he ought to have lowered his mainsail or steered to windward. The case was not left to the Jury, • verdict being taken by eon. sent for the Plaintiff.—Demsges 251. His Lordship animadvei fed in strong terms on the misconduct of ferrymen, and represented their responsibility both morally and legally as peculiarly strong and obvious. P 141 Ga --■ss-- , MAtiviow.oust.—The ease of a titan end woman, named Rybrs; clierged wit h•ohteining a quantity G r it , and ether articles, by fraudeleht mean*, hem ieverel wholesalwdealers in the •city, nes again intestigru e d yEsterday. The principal witness called .to 6 1 the charge against them wits' m.h named liver B o n whose.appearance and manner wet# tether noon' ami whose conduct was Stitt Rime extmolidinary. IL. o no th e p or ter who c a r r ied th e goo d s to , t h e so .se , warehoute of the Prisoners, and afterwsrdsrt4 t o a public-house to meet and 'tittle with the perdu,. • Being asked to swear to such funs melte knew .44 4 matter, he stammered and hesitated ; shook his h e .,i most gravely, and at length asveniingthe charact ers( a Quaker (*hose dress be pertly wore) prote uld against taking an oath. He was ready, he said artrm any thing! The LORD MAYOR said, that in a .criminal caw that would not do, and enquirtd if the wittiest be. longed to the Society of Friends? Isaac replied no l—he had been for years entails enuring to gain admittance among that body, 1 6 0 4 yet had failed. His father had struggled is da 6, same, but was disowned by " the faithful," in Cam ; qeence of his enerr)ing his (tire wittless'.) wok " who bad previously been disenrolled from dr e ty. Ile was himself, however, determined to ' acre. and as his acceptance depended solo, 0 „,.. strict and stern ..bedience t o ce r t a i n roles, wt decline the dangerous risk of sae.. r i ng upon ea The Lana MAYOR remonstrated with long oppi the folly. of such conduct, and pointed net the dil. ,sate between a mere declaration of the truth ap e , 'oath (in order to the attainment of joshes), and d o obstinate adllerince to a form, for the purpom srj pleasing a party, who for years, it appeared, Weld to recognise him. Isaac said he considered himself at present 66 mere than half a Quaker." lid was determined t• be ne e altogether, whenever be could sere re admissinn aeo n ' 6 the faithful," and nothing, therefore, not even hie itself, could tempt him to awes, ! The LORD MAYOR seeing that all hopes of its. trailing evidence from this eitraordinary deal. Quaker, were vein, ordered the p.iimity r aga i n to h o (emended, in the hope of obiainiog better testimony. Bow-sTitevr.--Yeiterday Mr. W,,. Ford Bruer, who keeps a boasding and day-school iu the village of Frith's), was charged with *oral ender s .' l ush metal to one of his scholars. Win. Henry Pritchard, a boy between five and sit years years of age, theist% of John Adam Nimbi 11, who- keeps she Thatched House public.house, in Webb's-taste, liammerssiith. The Prisoner was ordervd o find hail, to answer for the offence at the ensuing Mitifileses Sessions. SitADWELL.—Yexterday Janes Anderson, bah.; of Bear-lane, Shadwell, appeased to an informal* charging him with having ueohniesome higredinds to mil with his bread. The Officers went in the De. fendans's shop, and found a tub full of mixture of slum, salt, and water, for the purpose of cities with breed.—He was convicted in the penaltyo44. and costs. Mr. Mosely, baker, of the Commercial-road, ma convicted for a like offence its ti.. same-penalty. ANOTHER EXQUISITE. MARLsoitommArrnarr —Monday a military tilinAv wr biostzlit to this Office from she marls -hog e. ow a Aerie 4 heating an old as in S silk row, and also oistkbehovirg Hither outstares arty to site em•eltates and constable of she ni g ix, I It appeared that shout IY o'r uck on Stsodny night the PH. ismer was coining from shed reeling, of H nd-streer, mat s eieg an old woman i. Say ille.row, be accosted her in a gatinatassia user. requesting prrmi sion .o hare her bed, ss hi. h the mind to -'roes refusing. he (Gestleusan.lit.e!) began to exercise oh military prowess upon her by 'inking her mom severe bless wi h his clenched fist. A watchman s het. observed ;he trow action interposed, and lsy his . bluely as Istanee preferred lady's life fr• a the artificial span of our barn, wham be ladeli in durance vi e." The Defendant (vain appeared dressed' and starchk eves it puppyisnst was about to compromise HO. " little newerf whew Mr. Jones. the commble, preferred an onexpeet4 aid very serious complaint ~giisot bins He said dm on his heisg brought so she watch-1 i.e. be teed the toss , nnberessistlam gauge I but wisest he understood thus he was so be Weird op, time *wiener of big conduct exceeded all bermes. He placed hi& self m a fighting *allude. and struck at w knees right and left.. Prisoner— " Did I strike an. Sir? aims er dom." Conotabie—" No, bat yaw would if I permitted yore. Tat attacked the beadle on the stairs, and said if he did ma let plit eat .von 'would knock his --- bead of, and altogether ye! conduct wm extremely violent." Magistrate (Mr. raaaarre)—o Well, you meat wide thiebt And bail" Primmer—" Well, then, which amt to do ? Either is ladt. kerma." Constable—" As times the ease you may putt in bail." The Defesdant, with great -hauteur. made a very indite reply, and immediately dispatched• some pm MOOS so get ball. ' TO ALL WHO ADMIRE A IiItIGHT PAIR OE" BOOT. In the gay school f Fashion!, Yevaiturirs n ie. loan 00, And skip through the mead just .s blithe as yns My, When ',lemur, pupoiisig, • • Your bright hoots be nowise, tied mind—tootteit's Itl,ckit.g hits 'made rum py. In the Palk or the Mall, You'd be lung tall, Did your skein wit et spiet.tionr so charming display I How the I. idle. polo out ye, • • And shoe y e nod flout ye. When TORN lies Jet Blacking is tout of the way. If o'er the libation, You've taken your station opanions--nle think of she I.7hes they 'Maack', As their liquor thev goat, At the tat.te huts thee, laugh, That knows out the beauty 461 Toam toes Jet Black. - But be your shoes polished, And woo are aboli-hed The jeers of compani s, anti Bouts of the Hiss; Then so Tour ail -bop hie, And his Jet Market% be., For resemeer, DO nicking is equal In his. Friends will be kind log request their servants and carries, ts ask for Toawaa's Blacking, as it way be Awl by the Growl. Perfumers, 1 remsongers. Stationers, 8001-sankess, oat I)^4 _; gists, in 6d. 1... and lint. bottles, is est ry Tulsa butliwt Scotland, ales. c/TeiCaeY,e4vilit Your No. 114. i.eedoa•rwd, Sombwark. CT ASK FOR TURNER'S BLACKING. DIED. On the 210 inst. aged 29, Mary Ann, wife of L. Lewis, Pak Esq. af Catoherwell-grovr. On the 20th Wt. Mrs. Eleanor 11a)ly, of Brook.greewhoote , Hammemositb, aged 9i. Ois die .22d inst. aged 42, at the home of Mr. Duncan, Kea nington-terrace, G. Oliver, Esq. of Craig.mill, in the pates St. George, Jamaita. Oa the 23d inst. at North-end, Fulham, Capt. Corner, late Commander in the Hon. East India Company's service. _. . . LoNDON Printed and Pribleibed Ay D. LOY RI-L. " 1"e STATES.Pd 1 el. ricc, No. siary smut, Fleepoort. .., - BOXING. Heir DSO O'DettwEr..—To make tip the deficiency sf. the sports at Canterbury Races...the secrtod match betweets these stifling kernel , of light weight was fought on a line of cosmos, about two oaks (tom 13 ahem Downs, on Friday, she lot day of the races. for A sahscri papa pursed 35 guineas. Holt best O'Douari on Twckenisam-commoo same time ago. Randal and Dick seconded 0' Doauel.and Purcell and Grinley seconded Holt. An Hoe. Baronet held the wait*. THE BATTLE. It was* verysoientlllC eoobat tsf bbmiasies, sad a punishing one lOU. ounit 1. Afierrxehanging and parrying kits, O'Donnel was knocked down. g. ilnll showed most science, and less regard at being bit. O'Donnel parried his left hand, and returned with a good body bit, and in a clove both went down. It wns nearly equal fighting for 1? rounds. each alternately having their pulls, but when in they fought with much earnest ness. and terrine , tittle time for thinking. Hole, however. Mil- Nu& his adversary in these rounds, anti seemed to be reducing victory ton certainty. 13.0'nonnet turn. d the fight hr getting decidedly the best of this rount t he knerhhed his adversary well, and floored him bra smart tip.up lit the fourth button h o l e . Tile 14th, 15th. and 16th () Deonnel continned to lead but he had nut fought himself, and Ifni* recovering, took the lead Joplin in the llith round. There any some gond fighting afterwards, but O'Donnel was shy. and the knuckles of his right hand were dislocated. Fur several rounds preceding the:i2d, /Molt (rented him jocosely, and kept urging him to hit. The :al round took the ri.irrnp nest of Holt, as O'Donnel, whose only Limner was to bun him by divots lug. succeeded in a cross-bistinek, which stunned Min. 801 l fought five rounds after, and then gave in. They are equal weights and heights. and to use a cant expression on the ground. chuitge their clothes, and their wives would not know than, they were its much dis figured. 1 e 4. . • 1 -.. 4.1/