The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1855-12-04 00:00:00

DECEMBER 4, 1855.1

"UTH LANCASHI.R.2 TINTER

ASSIZES.

slEsnEnnan- the business of the winter assize commenced
!elore fined on Mr. Justice Wightman, the commission having been
Saturday.
The following gentlemen were sworn on
%Lain THE GRAND JURY.
ft_ Entwistle, Manchester, foreman.
intles Ellis Ashton, Woolton-hall, Liverpool.
iitscuzas Brocklehurst Barclay, Wavertree-lodge, Liverpool.
4,14.7 Arthur Bright, Sand-heys, Mill-lane, West Derby.
Gdman Earle, Allerton-tower, Liverpool.
eZvrt Greene% Walton-hall, Warrington.
tge Grant, Liverpool.
i,llnd Grundy, Cheetham-hill, Manchester.
1107'as Dyson Hornby, Druid's Cross, Little Woolton.
Rouldsworth, Oakhall, Manchester.
• Ifeywood, Claremont, Manchester.
Longueville Jones, Lark-hill, Liverpool.
GeZfn2 Langton, Abercromby-square, Liverpool.
iria‘ge Maxwell, Abercromby-square, Liverpool.
• Pedder, Liverpool.
le3P, h Pollock Gambier-terrace, Liverpool.
IST hate Rathbone, Green-bank, Liverpool.
IV main Robson Sandbach, Woodlands, Aigburth.
Jolt Sergeantson, Sandfield-park, West Derby.
Stewart, Mayor of Liverpool.
Lesard Smethurst, Duxbury-hall, Chorley.
OitZPh Need Walker, Calderstones, Allerton.
er Ormerod Walker, Chesham, Bury.
had e Proclamation against vice and immorality having been
kilo! the learned Judge proceeded to charge the grand jury as
tqe said—Gentlemen of the grand.jury of the county palatine
le4anoaster, you are fully aware that, in the great and popu-
tat,tl3, unties of Lancaster and 'fork, the number of prisoners
lei„_'"tted, after the summer assizes, for trial at the ensuing
14t9; assizes, had so accumulated by the month of December
It Was expedient, and, indeed, I may say necessary, tol' ` a winter assize and gaol delivery at Liverpool and at
4e,1,.
`,; and two judges have usually been assigned to each of
4;:ieunties for the purpose. It has this, year been con-
n'vt, expedient to extend the winter assize and gaol delivery
ke'dtiger counties and the performance of that and other
duties necessarily occupies so many of the judges, that
peresent assize and -gaol delivery is assigned to ones but, if
hecoMes necessary, there are others in the commission
k,aCe assistance can be obtained. I find, with much regret
tt°l7te surprise, that' the calendar is heavy beyond, be-
-44.6.'% precedent. It contains the names of one hundred and
the
Ql.se persons -whose cases will be brought beforeyon, and
tle:me/lees with -which they are charged are, with-one or
!et`loentions, of -the gravest character. How is this to be
441."qed for? I believe there has been a gradual increase
kt.',l; Price of all the necessaries of life with hardly a corres-
teteZat advance in the amount of wages. This to some
es,':' May possibly account for an increase of offences against
kartY. But'the present calendar presents a number
tG bY great of Charges and of offences which have no relation
ti,•°Perty, and cannot have arisen from distress in conse-
of the difficulty of obtaining work, or the scantiness
IpeNes. There are no fewer than 35 distinot cases of crimes
tths,onal violence of the deepest character, and wholly un-
tn;4ceted With any object of gain or hire. With one or two
qt‘a.'„"o3as only, they appear to originate in the most
tiding send brutal intemperauce,—a vice which has from
isti"raes been the besetting sin which characthrises the
Ford so 'discreditably. The time and money that would
krthd the means of present subsistence, and of laying by
Ike e fnture, is for the most part spent in the most per-
.e4os, and selfish indulgence in -public-houses and beer-shops,
is.amily utterly neglected, and -left without provision,
t% 'le wife, too often cruelly beaten and ill-treated, some- •
to v,,,,Sven death, for no other -Offence than endeavouring
iii.44l:lraw her selfish, and rolaitsly drunken husband from
othi °us propensity. But the f.habat of intemperance, un-;
Aita`atelY, is not limited to men. We have a striking.
)st,h 'l,ce in the present calendar 'where a mother is charged
the 'laying so far forgotten -her maternal duty, and lost'
t,4l,aternal instinctive love -and care for her children,
RI C„"ave caused the deaths of two, by culpable neglect,
(3"Rh habits of intemperance, and spending the mousy
pottrieli, which should have been devoted to their -sup-
-8 It may be said, and traly, that it is much easier,
a case, to denounce the evil than to ausgt'st a
41(1'1,,T; I know of no. ineans more likely to -avert
kd "411/lately to era:Si:ate' this crying evil than to promote
11,5o2rovide by all possible-means, for the instruction- of the
tv11,71. Class, in sound religious and moral principles. 'Let all
tta;il?ave the means attend, as far as in them lies, to the ne-
4nal,es, the wants, and the improvement of than poorey
te„-nleonrs.; and, above let them feel that their-welfare is
lrcled with interest by their superiors in wealth and station.
ka7 Iroportance of ecincatica and instruction does not consist
til!ely in the knowledge acquired, but in the habit of disci-
Oe. and self-restraint consequent upon a system
cfeducation,
is tin the conseiousness-taat their present and futare welfare
ted and tared foialsy others, tending to create a self-
d:"ltich mist operate as a powerful cheek upon any
tiAcbr clisgraceful conduct. But to return `to the caleu-
of ill's, in addition to the cases I have
and mentioned, 11
,oe oery with ivibleftce, 12 cases of burglaryt some
caletdarmr""-13st serious 'character; and the other cases in the
re4ces only-two or three exceptions, are charges of
aole, tn"' the gravestaind. Ido not propose,..nor, indeed, am
T()'4e to "„se°, runientin detail upon all the cases,, but there are
here a:slid' I think is requisite to draweyour attention.
eare two charges of wilful murder against two persons of
it:th the of Aspinell, /husband and wife), Who are charged
proJ,onarder,ef two of their infant children by neglecting
"lue them With-necessaries, they baying the means to
le • The,o man appears to have had an employment, which
cad un e 6 a-year, and one of the elder children, who
tLL~~with him, had-nn employment which brought him in
n:•Year. There-seems, therefore, no -doubt, but that they
attoeltleh an income aawould, with prone/el:management, have
thted all that eouldle considered absolutely necessary for
ere e, family—but that 'habits both of the man and woman
Lt4ilif,„it is said, irregalar and intemperate. Neither of the
appear loinve,been beaten or otherwise ill-used, than
it'atse'slect, .heivever, does not appear to have been
,41e'l,tic The law,: applicable to such a-case, appears to be
Naat if the ,prisoners were guilty efewilful neglect so
clat youtliink- they must have contemplated. the death of
e ' The
eSt rein wi -murder ; but, if yontimik that though
th • ke
g.p,„te so careless :mild negligent in the performance of
4„437 that thechildreen died in consequence, but that they
Iget;' contemplate •sueh a result as death, then it will be
manslaughter only. It may be that in the present
e",.11 may think that the children died from want of proper
and,.„-chere 'is mit soffieient evidence to warrant the conchi-
."uat they reallyeontemplated the death of either of them,
t:ati that ease you-willknd a bill for manslaughter only ; and
4,1 Z elbe that in thisfease- of the infant of ten months you may
q suffacent.evidencelto warrant the conclusion that its
11:4ith was caused by -neglect, or other than -natural causes.
._esPect to:the othencharges of wilful will
'444 'n consider whether the acts were done under thesudden
(tile ,euee of smehaffiteumstanoes of provocation.fas to negative
` i,..
he'resnmpticesofriliatdeliberate nature whiohie essential to
r4te of murder. lit is not easy to, lay down any
,1141 , which will -exactly , define the limits between murder
,t'%,..blanslanghter. ,arlt cases of homicide the first
,4es"Ption of law is 'that it is murder--suliect, how-
Se • be reduced to ,manslaughter or tees, by •
showingcircum-
the adisence of that deliberate malicious
may • to to kill, or de -souse grevious bodily ?harm that
danger essential ingredient in
, anger life, which as- an the
h,n(ldill :°f murder. Death ensiling from an injury iunicted in
Ofeassion and heat-of iblood, upon reasonable.provocation,
4,,seanslaughter -oily:; ;bat. mere words of reproah. are
a. Nient provotation—monawill even an assault, if trifling,
an excuse as porgy reduce the case to manslaughter, if
tl‘ll -wholly dispeapienedto the provocation be used, and
instrumentsetdeulated obviously to produoedeath,
j'aolSiNiesation will not .eaenseor xeduce the crime to man-
,4*4 There are two .dhargesof ;manslaughter upon-which
~i),4oit anaessary to make ,seena remarks. One is against the
whinhad the care of .a steam-engine, for culpable neglect
.ill 3,,, an explogiommas cauplad, and the deceasedavas
1'119114011:T4hr be. appears heforeti•iffeo,..as .ffd learn front the glt;
'413 own death, and in effect --se.aniai:imm' ase
dai an tea cause, by
'ett°Perly and. without authority netting:op the steam with-
Pro Per prewitiOn, you can liardly,pass .a bill against the
tl:oner, who,ean only be guilty of manslaughter in case the
11„ th of the deceased was occasioned .who hy his negligence, '
Its is a charge of manslaughter. against. two persons named
liitlth and Wilsqu, for causing the death of aperson by neg-
e,!ttly, maw;
g a vessel so that it ran Onboard of and sank
Oher vessel, outboard of which the deceased,was. Wilson
V:. vessel, of the ;vessel, and said to have-been steering her at
41k-t4intnoe'kb.ut I do not find by the .depositions what part
standing ,
being,only stated, as far as I observe, that he
',Apliessa linen -the bow. 'Unless thereis more. evidence to
-I'y Smith than ahave seen, there is not enough. to warrant
Vu4rge against bins;, but if Smith had the:management, and
taisfortune is, in-your opinion, wholly owiegstolis cul-
Itegligenee,snd net to accident or straw; of weather, you
Ltritl a bill against ichn for manslaughter.. ;I.have.alizeady
10110 to you that here are three charges of rape-in the
dir. It is an old remark that a charge .of .this 'kind is
Made but not easilsarefuted ; and as, from ,its nature,
e Est silniost always depend upon the credit to he given !so
•Lestimosi of a single witness —the proseeutrin ,herself-
-18 Ms sY
, portant to consider .whether the. re is such other evi-
NC to corroborate the statement as to induce you to believe
titt her ace/aunt may be relied upon. Much depends eckilsluct ,simmediately after the aled outrage, and
tbto the opportunities she had at they me of raising An
%4,4,and obtaining assistance, and whether she wailed ;
,tsigt of them ~,as it might be exisected she would have done.
,N-,''f,=ases of ;in abominable kind will be brought before
nir out such charges are so often founded upon mistake
11`44:1,,,,":411., and the evil< of a public inquiry into the cireuni-
Nrruf such cases—with all their odious details—so great,
I:4':,'Cflnsicit but recommend you, if the cases are at all in
.tftinent donbtful, to withdraw them at once from public
b"kletion. In a calendar containing so many cases, there
liti7Deblyaseme to with I have not adverted that may con-
ii upon which you may desire my advice or
ot It~llce. If there ace, I shall be most happy to afford them,
11114ehko tinurining longer to detain you at present with so
or work before .us. But I wish to mention two things
• You retire to the performance of your duties. I find
of the depositions, d I think all from the City of Man-
"O an
r, contain no :mention of anything said by the prisoner,
,Sh'ether he declined saying anything, upon being asked if he
9Saed to d This is -ye great omission ; for it is of the
s o.a ,
tn-,;,!t importance for public Justice, both as regards the
"tt"'"a„ter and the prisoner himself, that what he says be-
lt•litlit,se'''s magistrate, in answer to the charge in the pre-
tt ,°f the prosecutor and witnesses, should be taken
ktlal '4., and in many cues positive injustice may result
title,4le omission. The other remark I have to make,
su'en, concerns yourselves. If the witnesses in all
li',„l.te."°!! were required to attend at the first day of the
itNit the detention of so many until the actual trial,
!Oas e a very considerable unnecessary expense, and
1)1' s'4"kerefore, been the practice here and at York, where
tOthebTher of:prisoners is usually very much larger than
o:founties, to select a number of cases for the first three,
4411)tsnve days, to prevent the unnecessary detention of the
ka,t to's.,in the other cases. It may be that you might be
`usPose of more cases in some one of the days than
a„en assigned to it, but I am sure that you will not re-
t% ese' occa.sional loss, to some extent, of your own time,
t4the valuable, if ann,
important saving is thereby occasioned
litotheblic. The usual number has, I believe, been selected
ilb.,°ecasion, and in such manner as to occasion you as
cii,"ble'"" 'lenience as possible. One other remark and I will
„„ on no longer. In every case that is brought before
;I:ate 4;4 Will consider whether the evidence is so strong that
is tea reasonable probability of a conviction upon the trial,
VeG.the'elie you will find a bill ; but if it appears to outou
t „Vidence, though perhaps just sufficient to make
• Cele! case, is so weak and inconclusive that there is
' apprehend that, without further evidence, the