The British Press; or, Morning Literary Advertiser. — London, England, 1826-08-11 00:00:00

, • ; 1 1 • ~,~{~.~ J4+~i t h e olsinhfrA witnesses z but as far as I shall attempt it, I hope to i g ., cor rectly through the evidence of some of the witnesses who have' Lime e xeteined. Indeed, I know not that at any time or in any ; erase of the case it would be necessary to go through all the el& Ornee. because many witnesses speak to the same fact, and I am ate of those who think that a Counsel best fulfiletne imerest of his client by only laying hold of the prominent pert* exhibited by the ease against hint. But, Gentlemen, before I do that, I will in- form you who the defendants are in ibis action, becauac that is : a subject which has been scarcely touched upon; and then I will state to you what is the short question in this ease, be. cause the evidence given to you on Saturday goes back to a period with which these defendants have nothing on earth to do. It embraces a compass of at least twenty years, due. hie/ which they have neither said or published any thing with reference to the plaintiff. The defendants, Gentlemen. are, one the nublisher, and the other two, proprietors' of a newspaper recently established in Birmingham. sod called the Itirnrinenam Jouenal, aid it is a newspaper which is therefore puhli.hol at a distance from the place where the transactions inquired of took plate. The defendants themselves were wholly unacquainted with the family of the Smiths, and therefore these publications are beyond all doubt free from any malice on their parts towards that family. They merely published the circumstances of this case (which ex. *hest great interest in the county of Shropshire, and which had been the subject of much conversation and comment) for t h e in . tormation of their readers. in doing this they did not go out of the suhere of their duty. I do not stand here as the advocate of everr thing which appears in newspapers; but these useful vehi cles . of intelligence surely must have some little allowance made towards them, considering that they are sometimes published in a hurry, that they must come out at r particular time, and that their readers must not be disappointed in the daily or weekly supplies of information which are expected. Their business is to afford instruction and amusement to the public, to give an ace aunt of the passing occurrences of the day, an I if the Most strict special pleading accuracy is to be rigidly de manded of them, you will drive responsible and respect. able persons from having anything to do with them, while they will sink into the possession of persons with as little lio-our as wealth, and from whom those injured ti their calumnies can never receive that compensation which a Jury of the cauntry awards to them. The great security of the public against that which is oftentimes called r• the licentiousness of the press" is, that the newspapers of the nation should be condured by persons of responsibility. But if, upon . every insignificant clip, and every trifling inadvertence, the proprietors of a public journal of this see are to be dragged into a Court of Justice, and made severely responsible, I can only say, that will happen which I hive stated to you—namely, persons of credit and character will he entirely elt.ven heal them. I will give you here the maxim which a great adeocate, who, particularly distinguished as he was in eases of this Vet. never tailed to tender to a July under such circumstances, I mean my lewd Erskine, because it is one on which the principle of tette duty ought to pro ceed. •• Be to their faults a little blind ; Be to their virtues ever kind ; And clap a padlock on the mind." The meaning of which is, Gentlemen, that the conductors of nem , . papers are to be treated with candour, with liberality, and with , indulgence. I do not me.ia to sty that newspapers are to he pro. teeted in the propagation of slander; I ant the last person on earth who wottld eanction such a proposition. If you catch any publics. I •nn. be it newspaper, review, magazine. or Isnot( of any size, ie. seating a paragraph clearly indicative of pereoeal malice alpinist tee piny attache). let the vengeance of the law have fall effect. I: the proceeding be by an 3C:iOn for damages, let a .fury give the ftal ethimenution for the injury. If the prereeding he one of a t•eminal namre, let the Jury, without hesitation, bring in a verdict of guilty, and the Court will kilow how to deal with the offender. Bet the present case is not one of that drerption. When yna have 'testa the evidence I shall produce before you, and fir which year minds are but little prepared, I am sure that if. even at the ohne of the cam, you shnuld feel yourselves compelled, in cons.. q tence of any technical nicety, to give a vertlictfor the plaietiee Lath with reference to the demerits of the plaintiff's ease, as they bays opine out its crommeentination, as well as with reference to the misfits of the defendant's case, as I shall lay it before you, you will feel yourselves bouud to cut down the claim igen to such a sum a. ecisell be altogether nominal. Now, (lend-men, 1 will state to you sexy briefly what the question is which t • I have t s determine, and I may best elucidate that by tine info m ig you what it is nor. You ate not here to try what the ire:tune , ' was which this wretched nem, (leorge Smith, receiecti during the life-time of his father. Vita have not to consider what the directions might he that the father and moth& gave respecting his treatment. subsequent to their death. You are not to inquire what the treatment of the e-eviying ( tinily was. Sl'ter e1...t event, toward,: this miserable men. [tut the question to which your attention is to be oeled, and upon "'loch you are to pro tonere your opinion, is, what was the hum In which die unfortunate idiot was discovered upon the 23eh of January last, when Mr. Ilrotighton, Mr. Eli. anti the eonstabl. I' outsell, paid a visit to Mucklestan Wool, anal extricated this vier creature from the condition in which he had been kept, and 1.1 which lie then was; for the paregraple- complained of relate to 'het citified reriod. and no other. Now, Gentlemen, havine stated to you what the real question is which you hare to try, I will at eeteet re, ge ever a little of the evidence already given in this most totteateedinary caret and I ordereske to prove to your entire seri, fullest shoat-sake greaser emu of the evidence you heard on sourday is a tissue of the merit wicked, the most shominable, and c:emey perjury that ever exhibited itself in a Court of justice. Fire of all let me observe, that the tale on the other side it the most im probable that was ever told. You are to believe that thee young eine, who is reiresented to have been from hie nativity an Mho. bad Fria for a long series of years most grievouly afflicted with tits ; teat throe fits became worse and worse. unlit at last, according to tee Ivory of Meta Smith, he had no less than ten in the fortnight review; to his removal to the Stafford Ate Inm. eientlemen, what telnk ye of that, when I will Brave to demonstration, that for the seven months lie has been in that praie-worthy instruction, he has re , had a fit of any sort or description e That in sa to the prohahility or the plaintiff's carte. Now to the evidence. You recollect that C e first witness tpkil /on Geotge Smith had every !moire his wishes retold desire; and • particularly fond e re f cam, hi. potatoes itgllng were mashed up cream every day before they were sent to him. I weeder she not also swear that these clean shirts and clean I:nen they have talked of, but which I will prove never existed, were perfumed with lavender water, because that would be jest as well founded as the cream story ; for Miss Smith tells you he was not fond of cream; that tie seldom had it hut with hi+ t'3, and even then he sometimes went-without ei , her milk or crean eus they had none. I say, the probability of the case is, that instead of being kindly. he was unkindly teemed; that his ntaltreatm •eat got wind in the reighbourhool. anti that, upon the coefidenee of some ru mo ur or report. Mr. Broughton, with a humanity witieh does honour to hie feceinge. went to the house, anti found more horrors t h an he could hare believed to exist. Mr. Brotighton could never have acted front sly other feeling than ore which was influenced by hie duty as well as: his humanity ; anti yet my Learned Friend ( Mr. ('ampbell) has been Instructed—and I protest I could suspect none else but the devil himself would give such inetruetions—to .ay, that gentleman acted, upon this occasion, in a manner unworthy the character of a lean, a magistrate, and a clergyman. Gentlemen, I was este embed at such a representation ; but distortion and falsehood are the etiaracteriaties of the case on the other ride anti I will refer you to the evidence for the purpose of establi shing that assertion, 'Pharr le • marvellous coincidence" which struck me between the reklenee of Elizabeth Wynn ' %o .! hs Johnenn. and 31ary Parton. Fob of those witneesee lived with the family of the Smiths three times. All of them WWII the', on their teepee-five tiro servitudes, the unfortunate idiot emild walk I but, when they returned the 'mend time, he hid totally Inst the nee of his limbs anti was cO7ll. )teetely hdpiese. Elizabeth eVyett, you see, went to live there is 1813. She lived there for one year. She was then absent a year, and. went the second time in 11105. She then reinair.ed another; year. aed after that she 'tendert a thin) year, making her eerviee cited &Mon to 1807. Now, Gentlemen, pray mark what follows. l'Ara Meth Wynn swears that a hen she first went there in IWO reweese Smith was able to walk. The second time she went in 19113. te sum? Wilier able to walk, and so continued in the third moire! to ?ten semitone. The neat witness. Martha Johneon, went there usiree.eree years age. nvocCy, in lees. She remeined there two year., bringing it to 179/ ; she was then 'berm for three years, and relayed in the year 111110, when she storied until 1003 ; and then, ehe ells, George Smith was unable tee walk o• to move shout, though he could walk in 171). She leaves, anti Elizabeth Wynn seeceeds her, so that in 111113. when Martha Jehminn swears George Smith was unable to walk or to move, Elizabeth Wynn swears he was perfectly capable of walking. Again, Mary Parton swears slot wen; in the year Inge, when George Smith was able to walk. Item remained a yeer, stayed away another ye's.. end then returned its 11108, when George was to longer able to walk. Now thre e , lieettemen, are contredictione, over which it is impossible for vett te ehrow any supposition of mistake; and they show, a . I r o ut befate, the clonisinesa of their perjury ; for it is manifest all these "tett:nom have been tutored to this tale, and hiving all resolved (h 4 each shnald say George was able to walk the first time CO WPM to live with the Smiths. they forgot that a competition of de- would dame them ; for as I have heard wiser men than my. nee' s ty, when people are inclined to be rogues, it is fortunate fur the cede of justice that they carry with them the concomit a nt eirometer of fools. Here the Learned Cetineel oreeeedol to peat out various other Inconsistencies and contradietiotte, and pro. seeded as follows. Now, Gentlemen, I will promo! in state to you the real tnedition in which this unfortunate man George Smith was tinahel ; and when you have heard the case we shall prove, you will then have the goodners to apply to it the observations which 1 have made. In conseqaenre of what had been heard of merman in the neightnertenod e 'ripening which I shall say nothing to you, file. Bronebton, the Magistrate, and Mr. Eld, a neighbouring gentleman, thought it was their beinden duty to make inquiries into this horrible care. Aconrdingly, on the 2rll, of January last, they took with them a man of the name of Josiah Poulson, the rut:teal:le of the parish of hlureleettin, and repaired to Smitten tra:.e. When they rime there, they foetid 'l'. Smith n err the door; time eel kilted the purpose of their visit, first of all inquiring it It was tree that he had a brother in a state of confinement. Thome.; W us visibly taken by surprise. Ile was alarmed. lie appeared to be terrified, and he begged them to stay before h- went up stairs, at .tlng as an excuse that his brother William had gone to I) c oon seeeket with the key of the mom in hi.: pocket in which this other isredver was locked UP. It was in enneerptence of this, perhaps, that site of theme gentlemen said he would break the door open ra thee dom go stony without discovering the truth. Thomas then steel he mutt go sip stairs to prepare his brother for the visit, and puffy him, by telling hint that he had a brother come from a dis tnee to see him. Now this is said of the brother George, who is otwoOl to be such an absolute idiot ns not to know one person from another. I will diepyore this assertion beretd the possibility of doubt, because I will show you, that though this unhappy creature is in a state of Minter, he can distinguish persons, and he does know one individual from another. Thomas then made a motion to go up stairs, and Mr. Ell and the constable, suspecting there was some trick about to to played, followed him, not up the stair case by which he went, hut up another; and on arriving at the top, there they found good Mr. Thomas Smith, who, you will never fail to remember. has not been called. Some conversation then took place between all the parties, and Mr. Broughton observing a door whit a staple and chain fastening It, was instantly struck that the pone man was confined there: and he was confirmed in this opi nion from the circumstance that when they passed this door their smses • ere aTected with a most horrible menet'. Although it has been said that this room had never been locked, I will prove that it had fre quently a padlock on it. I t has been awl,fll also that it was emoted out on the Monday preceding. You will soon perceive how true that is toso. They opened the door, and found themselves In a mom, to describe which defi•ii the powers of language. It was so i'ark that there was no light in it. save what was admitted through a small aperture in the brick wall, which had been mortared up against the window, for they were not loose bricks, as it has been represented. They found themselves in a room, the floor of which was covered with choir and human ordure. to such a degree that they will swear they believe there was enough to fill two wheelbarrows, had it been shovelled tip ! They immediately pulled down some of the bricks and admitted more light. They saw then a bedstead. Miss Smith went up to it, and just uncovering a little bit of an old blanket, besides which there was nothing nn earth but two dirty begs and an old tnp.eoat. in the cold month of January, she said," Here he Is, grntl.men !" and there they found this poor miserable wretch, stark naked, without anything whatever upon hint but the rags 1 have described; and, according to the Smith's own account, the other things had been carried down more than half an hour. whic:i is no inconsiderable period for such a poor creature so to be exposed at that inclement season of the year. He was lying. Gen. denten, on a bed of loose chaff and his own excrement ! There was neither mattress, bed, nor any thing else under him but that which 1 state, nor do I believe there had been any thing else him, but that which I state, nor do 1 believe there had been any for years. His skin was yellow; his beard was, at least, four inches long; his person was offensive to the greatest degree, anti nothing could exceed the abominable stench which exiteed in the mom. They could not walk across the floor without defiling themselves with the filth ; and yet this is the unfortunate creature, of whom they would have you to believe they took so much tender eare. Gentlemen, the unfortunate wretch was taken that right to the Stafl'ord Lunatic Asylum. There he was put intoa warm bath, which, above all things,:' the most cleansing, and yet so completely poisoned was he by the filth in which he had been suffered so long to remain, that the bath was repeated over and over again before he could he nitrified of the infectious stench which issued from his body. Ile has, however, recovered, day by day ' in one of those charitable institutims which are the ornaments o f our national cha racter. He is now able to move his toes and his limbs ; he is able to take his food himself, and though certainly an idiot. lie can un. dersmnd anti answer any plain question put to him. :The Learned Counsel proceeded in his speech, which occupied two hours anti a half. lice regret that we have not now time to furnish our readers with more than thz conelusion.l My friend has said, in the COUM, of his opening speech. that if the charges which these suppose*: libels contain are true, his client is not fit to walk in human society. I agree to that most perfectly, and I will prove they are true. 1 believe Mr. Broughton and Mr. Kid have been the means of Tea cuing this poor wretch from inevitable death—death. did I say from that which is ten thousand times worse than death. The horrid instruments which despots employ to inflict torture n the unhappy being under their detested rule, sink into insignifi cance before the cruelty exercised in this ease— " Th' uplifted ase—the agonizing whet 1, Luke's iron crown and Damien's bed of steel," are nothing compared in the horrible and heartless torture which this family kilicted nn their own forlorn brother. Think. Gentle men, of a fellow-crenture lett exposed and naked on a bed of clear. walluaing in his own online, in a dark room, in the month of January, without a tire for months and years ; and that, I sat, is infinitely worse than all the humenta and all the torturea of Mist ime power and tyranny. Their pnnislimenta, at least, put a tweedy period to the unhappy victim's existence. lie may for • shat time linger in torments, yet they are torments that he ant. vices not long; but by the inflictions of this merciless family omen their unfortunate brother, he was doomed to drag on months and years of misery OA he not been saved), until at length nature woJla have given way, only because she had not longer strength to hear it, and death, in mercy, would have terminated his sufferings Gentlemen, 1 hare gone through this case to the hest of my humble abilities, and trust I have not tired your patience. lam convioced that after yea have listened to the evidence I shall lay before you, >our verdict will be pronounced In my favour. I say this with confidence, because the defendants' ease is built on truth and on justice—ten truth, which will ever prevail, though fors time oh cured—on justice, which, though temporarily impeded, will in the end be executed- . _ N t Edward Wade deposed, that thirty years ago he u•tal to work with old Isaac Smith. at Willow Bridge Lodge. George Smith was at that time on the farm, and used to do little things that were ne cessary. Witness has seen him driving • plough, and he has also &Bowed the witness, witting the gram while he was mowing. Re collects on ole occasion when George South was snaking hay, it came on to rein, and lie exclaimed, "Damn !—I won't make hay in the rair.." Ile could understand things. On one occasion olil Isaac Smith oleservtal to witness, that his sort George was not so tio,:ck (bright or sharp) as his other children, and lie would give alt he had in the world if he was. Samuel Harvey used to work for old Isaac Smith twenty.five years ago, and recollected the son, George Smith. Witness used to thresh far Mr. Smith, and George used to turn the fan in win cowing. lie could say "aye" and " no," and at that time he was a good-hooking, straight young man, about five feet nine incites in height. 31r. Goodall, a farmer living at Dorrhigton, in Shropshire, knew George Smith when he lived with his father at Willow Bridge Lodge, and Mann twenty yt ars ag o saw him foddering the cattle. a Ile ws at that time a straight , tall , gotal-looking young man. Mary Lloyd tested that she was a nurse, anti went to old Isaac Smith's house at the time ,Jr,. Smith died. George Smith vs. then an upright young man, and could walk as well as any other young man. {'alter Blakemore, a respectable farmer living at Eecleshall, deposed that one day, about twenty years ago, when coming from Drayton Market, he stopped at the Loggerheads public house, to have some beef steak+. which he bad with him, cooked for his din. .ner. Ile saw George Smith on that occasion, who could then talK. When witness was eating, George Smith said, " I should like some of that," and the witness gave hint smite, and a couple of glasses of ale, as he knew the family. Mr. John Harvey, a fanner I ving at Maer, within three miles of Willow Bridge. About twenty-five years ago, witness saw Geo. Smith with old Isaac Smith, in their foal-yard at Willow Bridge Lodge. George was then a tall straight young man, abut five feet nine. Mr. lieorge Blame, a farmer living near Willow Bridge Lodge, stated that he saw George Smith, about twenty-seven or thirty years ago„ driving his father's cows into a field. About three or four years afterwards. he saw him in a field where they were ',laughing, and I ieorge was driving the horses. About fifteen or sixteen years ago he saw Iran assist in winnowing wheat, by turning the fin. 31r. William. Illag, a farmer residing in alucklestone parish, knee George Smith tram the time he was seven years old. Ilad seen him driving eows,aasiating to drive the hones when at plough, and nii.urnin4 , (dressing and feeding) cattle during his father's life time. Saw hint last about twenty years ago. lle was then a tall wail/lit young man. S fresh Latighton lived as servant at Willow Bridge with old Mr. Isaac Smith. After his death, and when the family lived at aluck'estone Wood, witness went to the house when all the family were out except the maid, who took her up stairs, an I told her to look through a hole in the wall into a room. She did so, arid there saw a man 'grinding up. who. on hearina the noise outside, nun -Icred, " You are there." The door was fastened with four or live links and a staple. The man looked very dark, and she could see he had not been shaved for a long time. • Thomas Skellow was employed fo; the last eight years to whi•a wnsh. the house at Mucklestone Wood, but never during that pe. sir-; whitewashed the mom in which George Smith was. Witness, in whitewashing the house outside. saw the window of that room WAA bricked tip inside with bricks and niortar. There was a pad. lode on George Sinith's door. Timmas Bentley was formerly a waggoner to plaintiff's brother, and on one occasion, shout four years and a half ago, went over with his team to Mucklestone Wood, where he Masted for three week., and used to deep in the next room to George Smith, who to make a moaning noise in the night, but neither his sister or his brothers used to go to see him on these occasions. He made sorb a noise that for the last dour nights witness dto sleep in the mottle. SAW George Smith's door. It it sl to be fastened. Tried to get in on Iwo occasions, but found it fast. It had a hanging lock upon it. Thomas El& Esq.—l live at Anton Hall, in the county of Ste. ford ; I am not a Magistrate myself. but my brother is ; in con. Affluence of some information I received on Wednesdity morn ing the 25th of Ja• ear y last, I went to the Rev. Henry Helve% Broughton, and after I had said something to hint we went toga_ thee out horseback to Smith's house, at 3luckleittone Wood. taking with its Jonathan Poulson, the constable. When+ we got to the house we put our horses into Ike stable. The first person we saw wan Tito.. Smith, near the door; he is now in Gloucester. and I have seen him since I have been here. Thomas Smith stopped un til we came up to him. Mr. Broughton asked him it Mr. Smith lived there? and lie As:el, yes. Mr. Broughton asked if lie was at home, and he said no. he had gone to Drayton Market; we walked into the house, rod as I wan entering. I said, " You are a Smith, are you not ?" He said, he was. Mr. Broughton then asked him how many brothers lie lied there? Ile slid, "My brether, who in gone to market, myself, and a sister." He asked us to sit down, but we said we did not wont to sit down. I than asked hint where his poor unfortunate brother was who was out of his mind ? Ile made no answer tothat.l I sail, " I know where he is; he is in a dark room at the top of the house." Mr. Broughton immediately raid, "'Then we must see Wm " Thomas Smith made answer, " Gentlemen, you cmnot see hill, you can not see him !" and he seemed very much alarmed indeed. I told Trim we lied come for the sole purpose of seeing him, and see him we would before we went out of the house. Ile then saiil we could not see him, for his brother had locked the door and token the key in his poeket to ma►ket. I said, if that was the case we must lucre the (kw open, for we were determined to Pee him Ifefore we left the hc•use. He said, " Gentlemen. g'•re me leave to call my sister down stairs." I said, " Yes." We waited about ten minutes foal she did come down ; in the mean time he wanted to go up the hack stains. I told him he should not go up without us, for we should demand admittance into his brother's room, at the 5.11,1 e time that he went in. Ile said, "If you don't let me go up stairs THE BRITISH PRESS. to tell him you are coming he will be frightened to death." I mad: answer," Ile will not be more frightened at seeing us than he will b at seeing you." The sister then came down stairs, and asked if we would sit (lawn at the tire, and take something. We said. we did net wish to sit down to the fire, or to take anything; we wished to see her poor unfortunate brother, who was cenfined up stairs. She said we could not see him, beeause her brother had taken the key of the door widi hint to market. I told her, if she would not find the key, and the door was locked, we should break it open. for to see him we were determined. She replied, " Gentlemen, I hope you will behave like gentlemen ;" and I said, "Yes, ma'am, I hope we shall." She then said she would look for the key, and she told her brother and the maid to look about for it . • and they did lonic in different place r . O n h er sa ying she could not find the key, I went up stairs into the garrets, but could find nothing there. On coming down again, on the first landing, I found Thomas Smith, Miss Smith, Mr. Broughton, and the constable. lam not sure whether the maid-servant was thereof not. I said, " Mr. Smith, you had better let us me him without further trouble." Tl.omaa Smith then went down the passage to a room at the end, the door of which facial the passage immediately. Ile pushed the door open, anal went in. As soon as I got to the door dill, I put my head in, and saw It was a light morn. and I said, " This is not the room." Mr. Broughton was immediately behind me, and he perceived anotherdo or o pposite; He said this must be the room, and he opened the door. I walked in, and observed the window on the opposite side. There was a smell hole in it that might take in th at inkstand on the table there, or Midis , FA large, and one or two other small holes, into which I might put my finger, where the mortar had not be en: plastered up. I had a strong ash stick, with which I punched out four or five of the top bricks. On turning round I saw Miss Smith, Thotias Smith, Mr. Broughton, and the constable behind me. I observed no furniture in the room except the bedstead. The room flnrrr was covered with filth in heaps. It was' human excrement an/. chaff. If it hail been shovelled up i: must have filled two wheelbarrow,. There was a little clean out chaff, and a few now:. on the floor besides. There was a little piece of carpet or rug tolled up about the site of my am, which lay upnm one ef isre lumps of filth. The bed was exert!) , op posite the door. 7he heed did not touch one wall, nor the foot another, b , l one !aide was against the wall. Againat the side nearest the sotragree there was as old door, apparently of HINUe of the cow.hooses, ;mopped up with a large piece of timber. I said to Miss Smith, 11 , In - the name of God. where in this poor creature?" She went up to the head of the bed, the poets of which stood aixout 3 feet high ; she reached holder the end of a board and turned down the entla or two !mks, and then turned off a very small filthy blanket and said, " 'Here, Gentlemen, here he s." He lay coiled up like a greyhound dog, only with one foot in one hand, and the other foot to the °do:, hand. His knees were up nearly to Iris mouth. He lay on his left aide, on a heap of oat chaff, with his back towards tie. Hr turned himself round, and seemed very much frightened. I patted him on the shoulder and smiled at him, and that seemed to shake some of his fear. Ile was not then so much alarmed as befote. I asked him If he was cold, and he answered " aye," is a dreadful tone of voice, more like a wild beast than a human creature. I said to his sister, " How could you be such a horrid wretch as to let this poor creature lie in this state ?" She made answer that he had a good clean comfortable bed to go to, and a good clean room, but he would crawl back to that filthy place. I said that was a lie ; for he had not been out of the room for • great many years. I said I understood his f a ttier had left hint the interest of lOW. for hilt support for life. 3lr. Justice Buaaouou 11115 of opinion that this was not evidence. _ Winters, in continuation—l observed the fireplace ; there had been nn fire there for a year and more; there were no sticks or straws in it to kindle a fire. This poor creature had not a single thread on his body—he was perfectly naked. There was a small pillow under his head, about a foot in length, just long enough to reach from one side of the head to the other : it was a sttrtll filthy pillow, that you could put into your hat. The chaff he lay upon was dirty : it appeared to me to be such a bed as a pig would lie on—as it they had chucked now and then a basket of chaff on it, to refresh it—there was a Inhume of stale and fresh. There was a dreadfully offensive smell in the room, such as in a caravan of wild beasts, Ibis beard was from lour inches and a half so live inches long. AVe topped in the seam ten or twelve minutes and then went down. Air. Broughton then wrote a letter to Mr. Garrett, the superintendent of the Lunatic Asylum ■t Staffihd. which I took. We left the constable P.litkon behind. When I returned in the evening, about nine o'clock, with Mr. Garrett in a chaise, 1 found the room had been cleaned and scoured, and the floor was still wet all over. The idiot was then lying in a nice clean bed, with clean pillows and shies, and the bedstead had been moved four feet from the wall, but lie hal still no shirt on. We put a mattress into the chaise, and took him in that to Stafford Asylum. Thi■ witness was cross-examined at some length, but nothing was elicited from him to shake hit evidence. The Rev. Henry Mires Broughton, the Magistrate who accom panied rite last witness, completely corroborated his testimony, with the exception that he did not take notice of any excrement on the floor. The Reverend Gentleman with much candour added, that at he was approaching the bed he war obstructed by Mira Smith s and seeing her decked out quite smart, In a fine blue silk gown, *bile her wretched brother was in the deplorable state described. in the warmth of the moment he made use of an expression which was very improper. and which he growls , regretted. Jonathan Poulson, the constable, gave prec.sely the 'tame ac count an the two last witnesses, and added that in the course of the afternoon he was so sick with the night of the man and the stench of the room, that lie went home to get a pipe of tobacco. He was gone something mote than half an hour. After his return he din covered that the morn had been cleaned out and mopped ; and it war then wet when Mr. Garrett came. Mr. John Garrett, the superintendent of the Stafford Lunatic Asylum proved hir receiving the idiot in charge. In conveying him to the Asylum in the post-chaise, the stench that came from him was so intolerable, that though it was one of the coldest nights in January. they were obliged to ride with all the windows open. On his arrival at the Asylum he was put into a warm bath, and other remedies adopted to do him good. Since he has been in the Asylum he has never been in a tit ; he never objected to being shaved, and was regularly shaved twice a week. the same as the other patients. The witness is now of opiniem that the right thigh bone has been fractured. There had been no re-union of the bone until the patient came to the Asylum, since which the fracture has been attended to, and he now believes there is a re-union. Several other highly respectable physicians and surgeons gave the same opinion with respect to the thigh, and expresseu thoir be lief that the patient bad never been troubled with epileptic fits or paralysis. 31r. CAMPBELL made a powerful reply, which lasted nearly three hours, in the course of which he went through the whole of the case, and was at one part much affected. At ten o'clock, when the case was clostd on both sides, Mr. Jus tice Bt , RROLTGII informed the Jury that there would not be time to sum tip to-night, and therefore the case is again adjourned until to-morrow morning at nine o'clock. IVESTERN CIRCUIT. WELLS, AUGUST 0. William Macey was indicted for breaking into the house ofJo sepia Nipper, or illishop's and stealing therefrom a sovereign, six silver tea.spnons, and several trifling articles of apparel, &e. It appeared that the house was left by the family from four o'sliiek in the afternoon of the 10th of June, until six o'clock in the evening, and upon their return a ladder was found attached to one oldie bedroom windows, which had been secured but was then open. A person went up the ladder and discovered the prisoner; a part of the properly was found on the prisoner's person, anti se veral ►rtieles removed from their Owen, apparently ready to be conveyed Away. Verd et—Guilty. Sentence of death was recorded against the prisoner; but the Learned Judge intimated that the sentence would nut be carried into effect. Daniel Wootiroof was indicted for stealing a horse, the property of John lire. The prosecutor stated, that on the 4th of April last he left a bay mare at the Greyhound Inn, at Bath. He afterwards learned that his horse was stolen. _ _ The hastier at the Greyhound Inn swore that anon after Mr. Gye had brought the mare he noticed the prisoner entering the stable and looking attentively at the mare. His conduct was so remark able that wimesn ordeictt Hire toleaterthe Amble. At ten o'clock on the same night witness missed the mare. Robert Bouchier keeps the Pelican Inn, at Rath. The prisorcr brought a mare there nn the 5111 of April. and took her to the stable. lie told the witness that he had bought the mare, but be lieved her to have been stolen. The rrasecutor came next day and claimed the mare. When the prisoner lett the mare at the Peli can he wanted to borrow motley, both from the hostler and the witness. 11r. Gye was recalled, and swore that the mare he found at the Pelican was that he left at the Greyhound. The prisoner Offered nothing in his defence. He was found Guilty, and sentence of death recorded against HIGHWAY ROBBERY. Grorge Price and John uni.hug were indicted for an assault and robbery on the King's highway. Ann Parker sworn, said. I live at Whitchurch. I know George Wiltshire ; he is a day labourer: 1 saw him on the 15th May last ; he and I were drinking together that day nt Pensford, at the King's Aetna. We came out of the house ahout ten o'clock at night ; IViltabire had money in his hand which he wets goiag to reckon, when the prisoner Dowling come up and struck it out of his hand on the grnund ; Wiltshire picked tip the money, and Dowling again struck it out of pis hand. Wiltshire lost four shit. lints out of eight, which lie had. AVtitshire and 1 then passed on about two tty pares. when seven persons, amongst whom were the prisoners, surroun•., d its ; !sot Price, the constable. carne up at the same tune, and.:. his desire, the party went away. Wtha we had got titrward Ip.= a mile, Dowling leapt over a hedge, and asked Wiltshire to go into a Held ; Wil:shire said his road was by the turnpike, and that lie would not go into any licld, Dowling ' then whistled. and the prisoner Price, and six other persona, came up. Price 'wired witness, and told her he would murder her if she matte a noise, and Dowling, and the rest of the party, begun beating Wilshire. They took Wilshire's bat, his cravat, and four shillings from his pocket. Dowling was the person who took both the cravat and money. Wiltshire was so much abused, that he was incapable of making any resistance. Cross-examined—Wiltshire helnnged ton club held at the King's' Arms. Witness knew all the prisoners party. Wiltshire was not quite sober. Vt'itness was offered a shilling by Price, but she threw it away. She said to Price to make haste, as she did rot wish to be seen in such a situation by her young man. Walashirss was her young man. She gave up to Price and Howling, fearing they would take away her life. Wiltshire was then lying on the grotto I, at a few yards distance. One of the prisoners held wh itey, whilst the other abused her. George IVilishire was next examined. Ile appeared to be ex tremely simple, and gave an account of the transaction different in many material pariiculars torn that which the former witness bad given. He said the Price was not present when he was robbed, as he and Ann Parker had retired into a bye lane, whilst witness was brat and robbed. !le also swore that he was sensible during the whole transaction. Fur the defence, Elizabeth !howling swore, that Ann Parker told her, if she could not convict her brother, meaning the prisoner Dowling, tate would convict some other person. Under all these circumstances, the Jury acquitted both the prisoners. CIVIL SIDE. [Before Mr. Justice OAIELEE.I WEAItE I'. DEANE AND OTHERS. Mr. BINGHAM opened the pleadings.—This was an action of trespass, for entering the plaintiff's house and taking away his goods. 31r. Gut; SING stated the plaintiff 'a case. All the parties re sided in Bath. The plaintiff was an ornamental painter, and lived at No. 18, Norfolk-buildings. After renting the house., he had ob tained credit for some articles of furniture (rain the defendant, who is a cabinet-maker. In the month ot May last, the plaintiff found it necessary to go on business to London, and, in his absence, the defendant, Deere, and the other defendants, entered plaintiff's house, and, without the plaintiff's leave or authority, conveyed away sevreal articles of furniture from the windows of the house. The plaintiff's wife was in the house when the transaction etc curved, and was seriously alarmed by the conduct of the defendants. The plaintiff now came before the jary to recover the value of the furniture taken away by the defendants, as well as compensation for the trespass which was committed under such aggravated cir- The principal evidence in support of the plaintiff's 4:llse was John Rogers, a chairman, and an old fellow "of infinite mirth." lie stated that he was present when the defendants entered the plain tiff 's house. Ile saw them remove a rmewood sofa, and sevtrial other articlesof furniture, through the windows. Plaintiff was not at home, but Mrs. Weare was present, and seemed tenably fright. ened ; she fainted away, and afterwards locked herself up. and ap peared in great trouble. Cross-examined by Mr. Sergeant WILDE (with whom was Mr. MEREWETHER)—Witness knew that Weare had sold some of his furniture to a person named Neale. NV eare met Neale and tubers at the Red Lion public-house. Witness was also present. Plaintiff' wanted to sell all his furniture to Neale. It was not a sale. but witness could not say, upon his :cord, whether it was a pre tended sale or not. Some copper passed between the parties. Neale has another action against the defendants for the furniture he bought from the plaintiff. The witness could not say at that was only pretended. Mr. Sergeant %Vit.DE—Oh, yes ycu can, Bogert. You know you are a chairman, are you not Witness —l am ; but 1 sometimes look after mad people also. • (A laugh.) Mr. Sergeant WILDE—WeII, then, look after these plaintiffs, and the attorney who brought these actio n { fur them. Witness—Oh, they are not rich enough, Sir. I would much ra ther have you under my care, Counsellor. Mr. Sergeant %VII. E—l ant not mad enough for you. Rogers. Witness—Oh, Sir, that dues not matter ; we would soon make you so. (Laughter.) In answer to some other questions, the witness said that it was only coppers passed between die plaintiff and Neale at the sale. He could not say whether the toppers amounted to .tltl., but remem bered some one said it would not be a good sale unless there was money given by Neale. A receipt was given by the parties, which was drawn up by witness. He antedated it, because some one said that was necessary, to make the transfer of the goods valid. Wit ness never saw Weare before the ineetine at the public-house, but understood he set off next day for London. Several other witnesses were examined in support of the plain. tiff's case. Ale. Sergeant Wi inf. then addressed the Jury -for the defendant. He contended, that if a verdict was taken for the plaintiff the damages should only be nominal. The plaintiff bad manifested not only an ungratetul but a dishonest disposition towards a cre ditor, who had kindly iethilged hint by not pressing for pay. ment of his just claim. The real facts of the case were proved by the plaintiff's own witnesses. The ornamental painter had at. tempted to defraud his creditors by making a mock sale of his pro. perty, and then getting off himself to London, or elsewhere. Whether this was or was not a fraudulent transfer, was a question to be decided by another Court ; but it could not be wondered at, for it was quite natural, that when the defendants learned that it was the plaintiff's intention to tdspose of his furniture and get away himself, they should be anxious to secure themselves, and no other means of security was within their reach, except re-posaeasing them selves of the property with which they had supplied die plaintiff: Under all the circumstances lie submitted that it was not a case for damages. At this stage of the case it was suggested by the Learned Judge that the value of the articles ta1b...1 away should be ascertained. and a case agreed on for the Court above to decide upon the legality of the transfer made by the plaintiff to Neale. The amount of da mages far the actual trespass was the only question left for the Jury. ills LOA DSHIIP having charged the Jury to that effect, after a abort consultation they returned a verdict for the plaintiff—Damages One Farthing. The action brought by Neale against Mare and others is to de. mod on the qttesti ma as to the lt,4ality of the sale, and whether it was a bona fide sale. There was a third action connected with the transaction. It was brought by Al'eare against a person named Calder, another of his creditors, who had taken away a table for his debt. In this case a ♦erdict was taken for the plaintiff, with td. damages, subject to arbitration. NORTIIER.V CIRCUIT. 31R. WAKEFIELD'S TRIAL. LANCASTER, AUG. 9. Yesterday evening, Mr. Baron HuLLOCK and Mr. Justice PARK arrived here and opened the Commission. This morning Mr..fustice Parke took his seat in the Criminal Court, which in consequence of the interest excited by the trial of Mr. Wakefield, for the forcible abduction and marriage of Miss Turner. was ex ceedingly crowded, principally by ladies. The Grand Jury, of which Lord Stanley is foreman, having been sworn, Mr. Justice PARK addressed them respecting the duties which they had to perform. His Lordship having shortly adverted to the state of the calendar, which he described as containing an im mense number of !tenons, many of whom were charged with " every crime that disgraced human nature," said the case of the rioters at Blackburn, and other places in this crutity. against whom not less than thirty indictments had been proffered, would require the most serious consideration of the country. There was one case in the calendar, respecting which he was anxious to say a few words. because the offence charged was no. one of frequent occur rence in this country. The case to which he alluded was that of a prisoaer of the PROW of Wakefield. who stood charged with a fe luny, (though not a capital felony) by having token one Ellen Tur ner, against her will, from the possession of a person to whose care she was entrusted. The words of the calendar were, " E. G. Wakefield, 311, charged with having, at Liverpool, felonioualy taken and carried away one Ellen Turner, spinster, then a maid, anti he r apparent to her father, William Turner, Es q. for the sake of the lucre of her substance, and afterwards unlawfully, and against her will, did marry the said Ellen Turner." As the pri soner then stood charged in the calendar, the offence was not capital; but whether or not the prisoner Wright, by and by, be indicted capitally, he ,:11r. Justice Park) had no means of knowing. lie felt it his duty to state to the Jury, that, by the Common Law of England. in very early times, if s child were taken taken away from her parents or guardians, or any other person or persons, to whose care she had been properly entrusted, or to use the language of the books, if a child had been taken away " by vio lence, deceit, or other corrupt or improper practices," and that sub sequently to such taking away, a marriage had been riolemnizA. with the consent of the parties taken away. such taking away having been effected by criminal means. was an offence at common law. There. fore, septa-wing the conduct of the prisoner was to be ;mitred of by the common law, and that he had accomplished his purpme by the means stated in the calendar (which latter supposition he was ' bound to say was rot warranted by the depositions before hint), he might be indicted at common law either eeperately as his sole act, or as a conspirator aid' other persons, for "conspiracy" was one of the means by which the learned writers whom lie bad already quoted supposed that the offence might be committed. So stood the comlllllll law in that respect, but sec unxbill3 was the legislature about temaleeliastity, and female comfort anti happiness, that by an Act passed in the reign Gf Ilenry VII. the offence, °sawed in the cafe'. der, " of taking and carrying away a maid and heir tor the sake of' the lucre of her substance, and against her sill," war made a clergyable felony. However, in the reign of Queen Elizabeth the Itni:y of the former Statute was deemed to be daagerous, and as in dime days the laws regulating marriages were not so strict as they hay.e been since the reign of George the Second. marriages of that description very frequently took place under circumstances produettve of considerable mischief to the country, and it was, therofore, enacted by the :19th of Elizabeth thut such offences should from thenceforward be deemed capital felonies. In latter years the attention of the legislature was called to the subject, and in the first year of the reign of his present Majesty the 9th of Elizabeth was repealed, and, therefore, the Statute Law upon that 'species of abduction was restored to the statute in which it wood during the reign of Henry VII., and the silence with which the poisoner stood charged wits at the present day a clergy able felony. There were many Ingo ethenta necessary to bring the offence within the meaning of the Act of Henry VII. In the first place, in ord-r to bring the offence within the meaning of that Act of Parliament, force must have beet used ; not merely force in the first instance, but continued force up to the time of the mart iage, or else the com inissinti of other acts mentioned in such inmate. indeed, there were eases in which parties had been acquitted from a defect of proof as to the continuation of suds force. In such cases it ap• neared that force had been used in one county, and that tin torce had been subsequently used in another county, but that in fact consent had been obtained previously to the marriage. To bring the offence under the statute of Henry VII., it was thought absoltitely necessary that there elinuld be evidence of force in the original taking away, and of continued force up to the period of the marriage. In the reign of Philip and 31ary, an Act of Parliament was made upon this subject. That Act of Parliament did not contemplate force, but merely the tact of --ses taking away a child without the consent of parents or guilmia„. thereby contest:Mg rather the feelingw of a patent err guarera t han any violence done to, or pain inflived upon th m ore ls dine object of the aggression. To the Act 4 and a arch' "a nt e. .. Mary he ',John! to call the particular attention of 'lie Jury ' L I preamble was somewhat different from the enaic. ti le Tr* . amble mentioned oetly such persona an engaged in te par w it li !:, maidens, who were orheritare, under the age of s h oo ., s it of and who were married against the consent of their paren t' guartliana. The words of the preamble were, " Anil IA k ir L it punialiment of such as shall take aw sy maidens that Ic ith er i ee , —° beittg eddlin the age of sixteen years, Of that marry them isi,h u ,.. — ' the consent of their 'toreros." From this it would emelt, tits,; * Ace was not intended to apply to any woman not an i n i,, rir he . or, a n a in the case now for the consideration er the Jury rids Act die apply, became the father was now living. Howev er , t h e er _wft parts of the Statute applies to women not inherito r . Th e '''''''te were—•• ll'here maydens and women, children of nobl est , ''s gentlemen, and others, as well such ea be heirs apparent to tb ell ' u , ancestors or other., havittg left unto them by their tadier, ee nr h e ' r ancestor and friends, land., tenements, and hereditaraenta p ot h er great substances in goods an chettelts, moveable for and to the M. tent to advance them in marriage somewhat like according to chirp degree', and might be more for surety and comfort, era well fa themselves as of all others their friends and ki ns f o lk , he of„tiron- UlOlWere to their said friends or is inefolk, by flattery, trifling st ip ' and fair prowiees of many unthrifty and light perann egee'rejel thereto by the entreaty of persons of lewd demeanme, and other' that for reward, and buy and sell the said maidens it'd children ire , eretly allured ti, and even to contract matrimony with the said thrifty and light personages, and, therefore, with shght or forte, by taken or carried away front their said p a r ents , f r i en d s, or king { tithe high displeasure of the Almighty Hod, &c." gm whereof be it enacted, that it shall not be lawful to any pelq or persons to take, or convey, or carry away any maid or "fov ea child unmarried, being under the age of sixteen yeah, eu .te r i or from the proseoelon, custody, or governaree. and SpaiSst tbe will of the father of ouc h maid or woman child, err other per. ork or person+ to whom the father of suet, maid or women thee b y his last sill and testament, or by any other set in his lifetim e , bath or shall Rppnint, ass i gn , g i ve . or grant 'the era", keening, eMealtnii, or governance of such maid or vermin eritil, " And if acy person or persons, above the age of towag e . years," &e. shall unlawfully take or convey away, or cause re be taken or conveyed away, any maid or womawehild out or the posseseion, ace., such person or persons FO offending, shall have, and star e r i m p r i sonment , o f hi s or their bndfes, - liy th e space of two while years, without bail or mainprim ne t a p shall pay such fine for his ()fence as shall be mussed by t h e Council of the Queen's Hi e :linens, and in the Star Chamber at Westminster." fly this statue, the taking away a child under sixteen years of age, without the co/I%one of the parent or guardian, acc • war made an offence. By the first clause no punishment Iris awarded ; but he need not tell the Jury, that any thing prohibited to be thine was punishable by the pmp er tr ib una l He had thought it fit to call their notice in a particular manner to that Act, because it was likely, judging front the depnsitiom, that it was under that Act thst the prisoner w , old be Milieu'. There was another section in the same Art, which award.; a n imprisonment of five years to the offender; but that was undo circumstances which were not applicable to the present care, as far as lie could judge from the deposition., which were, of course, the only ground on which his opinion could be farmed. lie had now eller' ly stated to them, as well as he could, what the law of the case was; and as he ha heard from the profession that gen. tlemen of eminence had been retained for the prosecution, be had, no doubt that care had been taken to frame the iodietment pro. petty. In conclusion, he had only to remark, that the calendar Icontained a most inhuman charge of murder, conmittted under circumstance+ which made it difficult t o account f or t h e mot i ve' of the perpetration, unless it were supposed that they iniendol to rob the house after having mu r d ere d th e Xmases, Before . I he concluded, he would recommend them not to proceed t ame . . I dimly in the case of murder or the charge of abduction, as it would be untair to detain the poor people who might be attending oa other charges of felony, on account of one or two particular prose. cutions. CIVIL. SIDE. (Before Mr. Baum Ht• t.t.oc .) There were no cases of importance taken at this aide of theCaurt. There were altogether 231 cases set down for trial t and it is a tat s trongly illtaitrance of the commercial distreas which has tereuay revaded. that (ot of nearly 30 ca‘es which were taken. In-day only o ne was defended. In all the rest the defendants had only delead.4 t he actions in order to gain time. DOME CIRCUIT. MAIDSTONE, At:G.9. CROWN SIDE. (Before Mr. Justice HOLROYD.) THE KING I'. STRINGER AND ANOTHER. This was an indictment for an assault and Wee imprisonment The ease, in itself', was not of general impor ance, hut it gale riet to a dierussion upon Mr. Peer* late Act far facilitating proceedings in crieniral mums (7 Oeo. c. D 4. a. 20), deserving of some public notice. That Act passed on the 96th of May last, and by the 20th section, after reciting that justice had been of en decree in criminal eases by formal objections appearing on the record, it enacted in substance, that no judgment should he stayed er as. rested, by lesson of any defect apparent on the fate of the re. cord, after verdict Of outlawry, or after judgment by confession, and that the want of the words " with force and arms," "against the weaute," ageiest the peace," &e., in any indictment, should not be a ground fur staying or arresting the judgment. The indictment in question w,s found at the last Aseiats, before the passing of the Act, and was traversed till the present Assizes. It charged the defendants, Thomas and Albert Stringer, with as,ault ing end falsely imprisoning Thomas Humphreys, at Cuttham, on the 17th of February, in the seventh year of the reign of George the Third, and concluded in the usual form, " against the said King's peace, his crown, and dignity." It was an old printed term, of the time of George the Third, and had been filled up to suit the pre sent occasion, but omitted to alter the reign in which the offence Was supposed to have been eiimmitted. In answer - to the first question put to the prosecutor, it appeared thit the transaction in question took place on the 17 th of February last, and not on the 17th of February in the 7th year of •the reign of George the Third. A question thereupon arose, whether the defendants could be fried on such an indictment, the offence being alleged to have taken place at a time when none of the parties were in existence. Mr. LAW, for the defendants, contended that this was an ob jection available before verdict, as matter of variance between the record and the evidence, and that Mr. Peel's Act was inappli• cable to the case. In the first dice, this indictment was found be fore the passing of that Act; and therefore, muntieg it to be in tended to cure an objection of this nature, it could rot be construed retrospectively, unless the Legislature hid, in express terms. 411* dared that it should have an ex riot facto operation. which it led net done. But, secondly, the Statute was only intended to cure formal objection., apparent on the face of the record, after verdict, and was not intended to deprive the party of the benefit of such objections, if taken before verdict. Thi., however, was not an ob. jection on the reeerd, for on the face of it the indictment was perfect. The objection was not one of form but of substence, arising out of the evidence, which showed that the fact was not committed as alleged in the indictment, and therefore the Statute did not help the case. If, linked, the objection had not been taken until after verdict, then indeed (assuming the Act to be re trospective). the judgment c Add not be staved or arrested, even if it were an objection eppairent on the record; because the ehj•rt of the Legislature was to prevent a failure of justice by reason of the technical objections therein enumerated. On,these grounds be aub• tnitted that the defendants were entitled to an acquittal. 51r. A x Derws, contra, submitted, first. that as the Act wae ex• pressed in general tern,,, without any limitation of time as to the commencement of its operation, it must, by consequence, be car. strued to embrace the failure case. Secondly, the object of tile statute was to prevent a failure of justice by allowing of objections, in point of form, wholly beside the merits of the case, and ro pense with the proof of immaterial averments. The present objec tion was of this nature, for it merely rent to the time when the offence was alleged to have been committed. which was wholly int ma:erial. and might he 'ejected as surplusage. Proof that as as sank had been committed in the county of Kent, was quite out& dent to give the Court jurisdiction, without gologav to show that it Was committed at the precise time alleged. 1f ma skiftliell WSW to prevail, because it happened to be taken before verdict, it would go to render the Act of Parliament wholly inoperative and nue tory, and would reopen the door to those objections of lotto. clutch the Legislature, in it, w:s.lotre had intended to cure. The Act, indeed, would be wholly unelem If it were edit competent to a party to avail himself of mere formal objection+, se that care was taken to moot them before verdict. Mr. Justice floertoer) said• in subetaneet—lt appears to me that tee 20th section of the Act of Parliament does not in terms ex end to this particular case. Whether it does eir tionn queen is another q uestion , upon which I have at present formed no opinion. At first WAS clearly of opinion, that as the indictment was found by the Grand Jury at the last Assizes, and as the Statute did t.ot pass until afterwards it could not by possibility be brought within its operation ; but I do rot find any thing in the dome to restrain to indictments "to be preferred," which words are generally found in Statutes intended to have a prospective operation; and therefore it seems to me that there is nothing repugnant in giving it a retro spective construction, so as to embrace a case actually brought to trial after the passing of the Act, though the indictment was rowel 'previously. The question then is, whether (auseqmieg the Art to have a retrospective t . oration) this case comes within it by conse quence, though it does not in terms. Adverting to the terms of tile clause, I should say, as at present advised. that it was meant merely to cure objection,' on the face of the indictment, and to prevent them front having any effect, so as to respite or arrest a judgment, after ver dict found by the Jury, or after outlawry, or after judgment by con fession. But I find nothing to prevent such objections from having full effect. it' taken before verdict. Re. The present objection does not arise on the record, but is an objection founded on the failure of evidence to establish the statement in the indictment, that the assault took place in the seventh year of the reign of George the Third. The question, however, is, whether it is Materia l to prove the time when the fact took place, and whether tie averment of the reign of George the Third may not be rejected as sur plusage. According its my recollection, some decisions have oc curred upon the Statute of Ant), which requires penes not to be taken from the hundred, but out of the county at large, in which it has been held that the allegation of place, in which the transaction occurred, is wholly immaterial. Whether the :terse Principle may not extend to the present case, is a matter sbich may be further considered. Undoubtedly this is an Act of Parliament which ought to be construed strictly, anti, as . 1 ell- ; net al then 'hal and a di alie tbe '1 tem 1 the ode J the the had trf 1 mu dial Er • • ( lab •• ttJa In 114 Ott • pt Pie Afl 174 Di DI a ler 1. ni y r 7 Sr ▪ Fr Il At 4 - fir to ▪ Or Hi er P. es th re Al e• Id At e- rt. mt It' me I irt bY Mad at. re. 011, .1"10e