The Express.
London, England, 1852-08-11 00:00:00

ASSIZE INTELLIGENCE

WESTERN CIRCUIT—WELLs, AUG. 9.
Como corar.-111zroaa Ma. Nan. PLArr.
ALLIMID MOMI.ACOHtfit BY A SURORON.
T. Rogow was ehargml with the manslaughter of Ann
Noah... on the 21st of line, at Willow, in the neighbour-
bond of Beth.

Mr Stock and Mr. Cole prosecuted; Mr. Crowder and
Mr Edwards defended.

The court was densely crowded throughout the hearing
of this ease, which excites the greatest interest.
Prisoner was a surgeon, and decease the wife of a la-
bourer. She was taken ill on the 2irth of June, and her
friends and neighbours visited her. Finding the came likely
to be a difficult one, they sent for the prisoner. He came
and enemies' the deceased fur some time, but at last went
away. The deceased and a woman who was acting as mid-
wife begged of hiss to stay, but he said he muot go, and
that be had brought the ease so far that the nurse could
taaaage it without him. The woman, however, died.
A great number of witnesses were called, but the details
to which they deposed were unlit for pabliatti,in, and the
juryeventually Acquoila the primmer.

NORTHERN CIRCUIT.—LaNc•arts, AUGUST 10.
coos. Cos Baena. Lou e.,,, lenses Canners
RAPE AT BUILVLAT.—Nrocamo BACTALSTY.
AAR, Pollard, aged 40, .folu Create, mad 21, and AJPIti
BaWA, aged 23, were charged with having, on the 22nd
of May last, committed a rape upon the person of Buena-
aah Stewart, at Burnley.
Mr. Thompson and urr. rm. prosecuted, and Mr. James,
Q.O , defended Crooke ; Mr. Mak, Pollard; aid Mr. Leger,
Basch.
essaanah Stewart stated that she had Mae a widow for
Os Ma seven years, Mr MAIN harlag hem a soldier.
Na WY the mother of aim shakos, awd had lived at
Blooriesthems-Tyne till Nowt indisess iambs ago. Oa
may__o 2lst May, she west to Barsky Is a Nis of
ses. sad ea agglrkg for relief she was softwhd.
Ovals bitalig wt u marsh a bask.. bog
Gai ans. Me woo abartmods_ to •
as Kroh afar goadnroma. The walempimma asa* Posy
has there was a MSG mid Iles *Mks de Isiel

what she had to say, end gave her a glass of beer. He
heard her tell the landlady sake wanted to see the Scotch. I
woman, to sec it ...he mull procure lo Igings for her, and he
&nerved at the time that he could find her lodgings.
Thin'aine that he was laughing at leer, she kit the house,
followed by the m an, who repeated that if she went with
him he would •.ud her lodgings. She said she was afraid,
and he said Sheared not be. He took her up • dark and
lonesome lords, and she said to him, " I hope you are not
taking me, Wray, I would much sooner turn tmek." He
replkl, "No; don't be afraid, come on; you'll soon see
the house I'm taking you to." She then went a little fur-
ther with him, when ho suddenly took her by the arms and
threw her on the ground. As soon as she was on the
ground, she was surrounded by a number of other men;
hut she could identify none of them. It was quite dark at
the time. She screamed " Murder," and found that her
legs and shoulders were held by somo of the other men.
Her clothes were torn off her. [Witness here described
the particulars of a rape committed upon her by five per-
sons is success on.]
The witness was cross-examined at considerable length,
but nothing transpired to shake her testimony.
Richard Mercer, joiner, of Burnley, deposed to having
been going home on the morning of the 23rd May, at about
a quarter past 12 o'clock. He saw • man and woman go
through the lime kiln gate, and 4 or 5 men following.
After reaching 'home he was alarmed by loud screams of
" Murder," and went to the stone yard, from whence they
seemed to issue, where be saw 6 or 7 men upon the ground.
Ile did not sec a woman, but he heard a woman's voice say,
Don't take advantage of a poor Scotchwornan, the mother
of nine children." Ile procured assistance, and going to
the spot afterwards found Pollard in custody, and the pro-
seeutrix lying upon the bank of the canal, much exhausted
, and stripped nearly naked.
James Crooke and, Thomas Smith deposed to having heard
, the proseentrix's screams of murder, and on going to the
spot they found a number of men surrounding her. Pollard
, was laid upon the ground beside her, with his arm round
her nick, and Crooke and Thoth were present.
Mr. George Smithwaite, surgeon, spoke to having ex-
, amined the prosecutrix shortly after the commission of the
felonious assault upon her, end to the injuries she had sus-
, twined. She was much bruised and was in a state of greet
debility.
MouMine Walmaley, a police constable at Ilumley, said
he went to the spot on the morning of the 23rd of May,
in coosequeniv of information received. He heard the
cries of a women, apparently snob exhausted, and looking
over a wall he saw six or seven men, two of them kneeling
down near the plate where be afterwards found the pro-
seeutrix. He got over the wall, and shortly afterwards
saw the flours of a man, apparently rising them the
ground. He took the man in custody, and it proved to be
the prisoner Pollard. Charged his with criminally assault-
ing the woman, who was lying beside them at the time,
and he (Pollard) said to the woman, " What the did
you want here, you old ? " Assisted In helping the
prosecutrix up. She was very much exhausted and unable
to stand alone. Every particle of clothing upon her, with
the exception of a portion of her stays, had been torn off
her bock.

This wee the cue for the proaccution.
Evidence as to Crooke's character was called, and a num-
ber of witnesses were examined to prove that the prosecu-
trio was drunk, and that she had mmeonducted herself in
various nuts of the town.
For Booth witnesses were ealled to show that he bad
only gone to the spot on hearing the cries of " Murder" to
render assistanee.

The ju_ry, after a short consultation, found Pollard
Guilty, and Acquitted the other two prisoners.
His Lordship, in sentencing Pollard to 15 years' trans-
portation, mid that in the annals of crime a more atrocious
case of rape than this had never been proved. It had beeo
attended by circumstances of brutality that were quite ap•
palling, and it was marvellous that any person wearing the
human form could concur in such an abominable outrage.
The case occupied the attention of the court for eight
hours.

CIIAROI OP MCADZEI ♦T BLACIRURN.

Mark Warburton, aged 2G, and Aaron Novak, aged 27,
were charged with the wilful murder of Betty Croton, at
Lives, near Blackburn.
Mr. Whigham stated the ease at considerable length, and
called

Joie Cowgill, who said he lived at Farmer's-row. in the
township of Livesey. He knew the deceased, Betty Cree-
ton, who was about 62 can of age, and was the wife of
John Creston. On Ester-eve, the 10th of April,
about eleven o'clock, haring been at the Wheat-
sheaf, Blackburn, he left, in company with the
deceased mai four other women, to go hem.
He was sober. When they got to the Nova
Scotia-bridge, ever the Leeds std Liverpool Canal, sem
one nemeked that the &seismal halstamd behind ; and, on
Mein( bask, ha Mod her mai as tralorpath, beside the
easel. Ha mot to her, mod asked her to roam with him,
but she sad she was Mop to Wawa' P.M. sod would
be there somer thus the rest of bar empandenn, Seeing
that she was detenslaed to go that way, be said bo would
accompany her, to ere that she took no ham. They dm
proceeded together ea their journey, sad bad got to the
aqueduct that erases the river Darwen, when two men
overtook him. One of them put one arm round the de-
ceased's waist and the other up her petticoats, and the
second man, though present. neither said wee did anything.
Witness cried out that the deceased was hie poor old
mother, and they had better leave her Mem, and the two
moo at once dew at him, " punching " and striking him
is • most savage meaner. They said it he
did not go they would Ma his life ; sod be
assordiney
_at ono+ mods Ma sorape into a dead
am at Mod, wham be imshod he am so boar. Ho
=Smai to do he.. whom the diseased had =
is-
o alio that sight, sod sat loan bar dam, be went
to the saaal, when at about 6 'Mock he saw bar body
stiriout quite deed. The prisoner Neville was present
l time, and on help g asked " How he could think to
do so by an woman 1 'said "honour did it." Another
poison asked him " What was the TIMM then you beat the
sea who was with her ?" and be media, " I thought he
was going to do something wrong Whim"
Several witnesses were here examined, who deposed to
having met Lowgill and Betty Creston on the towing-path,
and shortly afterwards the two prisoners who inquired
after the decease, and one of them (Neville) said he would
kill the old man. A man named James Smith deposed to
having seen two men assault another Ran about the time
mentioned, hut he had not seen a woman pesseat.
Jane Southworth deposed to being one of the peetyerho
went home with the deceased on the 10th April When
they got to the bridge, Cowgill went back to try and iodises
the deceased to come forward, sad witness and the rest
walked on. When she got to Dutch Loom Houses, she
heard a woman in distress call out " Jona, John, John
A pause here ensued, and the voice continued, " warm
you another day for this—l'll mark you." She recognised
the voice to be that of deceased, Betty Creston. The de-
ceased was sober.
Henry Haworth, of Livesey, said he was returning from
Livesey to Blackburn on the night spoken to at about sae
o'clock. When near Ward Bridge he heard a weesea's
voice erphe " Help me out." Ili ran to the spot and stilled
out to boo. mad &via she tried Help me out." It was
dark, sad a mist rilag hem is water, he could set see
her. Amos amid Mamma was with him, sad they
consulted es to what they shoed do. While they we. esa-
milting he saw two men rise op be beside a wall 20 orllo
yards off. He called to theist he mistime, but they tea to
the bridge and never re Is
Other evidence was m'Slielei ealetly proved** Ys
prisoners had been sees am *lst where the
in
found, and that in fast they ari awleted
for it.
Mr. Cort. surgeon of Blackburn, limmei to
the body of the deceased, and to /miler smaseessiamal=
lacerations scratches, and bruises upon her. die bed not,
however, been violated.
This was the case,
Mr. Monk asked if his lordship thought the further cos.
sideration of the case should be pressed ?
His Lordship at once directed an acquittal, observing,
that though the case was involved in the deepest lapdog,
there was not the slightest ground for believing that the
prisoners were guilty of the charge imputed to them.
A verdict of Nur Goalie was therefore returned against
both prisoners.
His Lordship then said he thought the acquittal • just
One, but, at the same time, he must observe that be was
appalled when he looked at the manners and habits of •
certain class in this county as they had been jpourtrayed in
the trials before him. Their intim:immune, their grossness,
and their brutality were diserracefuL
The primmer, were then indicted fur a Jimmie assault
open John Cowgill, and, after • short hearing, were found
Unary.
Sentenced to three months' imprisonment each.
This case terminated the busing.' of the Maize.
Nisi Patio Cocas.—lhrnaa Ma. tentea Winona..
lIALLBWOOIII O. LIVF.SaY.—BRIACH or PROMISE.
The plaintiff and defendant reside in Blackburn, the
plaintiff, Maria Hallsworth, Bring with her mother there,
and the defeadaat being employed as a mechanic at Messes.
Eerier and Co.'s mill in that town. The suit was brought
to recover 6001. for breach of premise of marriage, and the
defendant pleaded that he did nut promise.
r. Serjeant Wilkins, with whom was Mr. Jones, ap-
peared for the plaintiff; and Mr. Overend for the defendant.
Mr. Serjeant Wilkins, in evening the case, said it was an
action brought by Maria Hallsworth against Buckley Live-
sey fur breach of promise, and stigmatised the conduct of
the defendant to the most hearties and cruel ha had aye,
heard of. The plaintiff was in • humble sphere of life, and
had always borne an irreproachable character. She was 22
years of age, and the defendant was about five years older.
Mies Hallaworth was burn at Hyde, near Manchester, and
when nine week old, her father duetted both her and her
mother. The mother removed to Ashton-under-Lyne
when the plaintiff was 13 year of age, mad seem time
alter, she was put into • grocer's shop to act as an
assistant. When 15 sears of age, she went to be
• weaver in a cotton manufactory. At the age
of 17 she sad her mother removed to Blackburn, and there
she became • weaver in the =Mal Mr. Gulick, hue uncle.
When about 18 years of age the acquaintance between her
and the defendant commenced. She had gone with some
el het relative-a to Blackpool, and it was at that place that
she was first introduced to the defendant, who was •
mechanic in the employ of Messrs. Moslem and Co., of Black-
burn. He seemed to be •am el• thrifty dispir.ition, and
had built a dumber of cottages fee himself. Ho visited the
plaintiff's mother tee two yiemeoa be biaissif afterwards
stated, for the purpose of asking himself signalised with
the plaintiff's diameter sad isoditer At the end of two
years he asked the masa to saw him to visit the plaintiff
as a suitor, and the nether Oaf eseartaislas that he was
• steady frugal ma yfithiri her asomait. Deft the ea-
satyr two pan he asnoworaz:giel=weialmeso that
he vie a sabot he Xis GM then ba
Weeded Se newt bra. Is WNW kw empabilides, I
gm kit anikiiNk le is keWasil4 valid bor dye*