The Express.
London, England, 1849-07-20 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.
CHELMSFORD, JULY 19.
Caws Eimr--Breou nu Calm Raw.
DESERTING AN INFANT.—EXTRAORDIMARY CASE.

Jonathan Henry Price, a middle-aged man, de-cribed in
the calendar as a dissenting minister, and J'riscilla
a girl about twenty, surrendered to take their trial upon an
indictment which charged them in some counts with felo-
niously deserting an illegitimate infant, horn of the female
defendant, to the inclemency of the weather, with intent to
murder it, and in others with committing :he same act with
a view to relieve themselves from the burden of maintain-
ing the child, and to cast it upon the parish, and in
another set of counts the defendants were generally charged
with a conspiracy. Mr. Salentine and Mr. T. Chambers
conducted the prosecution. Mr. Ryland and Mr. Parnell
defended Price, and Mr. Edwin James appeared for the
female prisoner. The case appeared to create a great deal of
interest, arid the court was crowded during the trial by
members of the male prisoners congregation, and others
who were anxious to hear the proceedings.
Mr. Salentine, in opening the case to the jury, said it
was one of great important* and interest, not only from
the character of the charge, which was one of an attempt to
murder, but also from the position of the prisoners, one of
them being a minister of religion, who, on that account,
and also by reason of his education and position in society,
ought to be considered as incap .ble of committing a crime
of this atrocious character. If, however, he said, his in-
structions were correct, he feared the jury would entertain
no doubt that both the prisoners were guilty of most gross
miseonsiuct towards the in'ant in question; and if this should
be made out by the evidence, it would ba their duty to
return a verdict of guilty against halt, and their posi-
tion, and particularly that of the prisoner Price, in-
stead of entitling him to any sympathy, rather, as
it appeared to him, aggravated the offence he bad ccm
mined. The learned counsel then proceeded to narrate
the circumstances under which the charge was preferred,
and he observed that the jury would sie by the evidence
the character of the connexion that existed between the
prisoners, and the motives by which they were actuated in
the commission of the crime. He then proceeded to call the
following witnesses :
Mr. G. Wilkinson deposed that he was a farmer, residing
at Woodham Ferrets. The prisoner Price was a dissenting
minister at that place, and had lodged with him for six or
seven years. The female prisoner was related to his family,
and she came to his house on a visit in June, 1348, and was
introduced to the prisoner Price. She did not stay at his
house mare than a week. On the 6:11 June in the laciest
year Price told him that he was going to Chelmsford, and
witness offered to lend him his pony and gig to go in, and he
went away with them, and returned ab rut three o'clock in
the afternoon. Ingateston was 13 miles from Woodlark=
Ferrero.

By Mr. Ryland—The prisoner Price had preached at
Woodham Earns for some years, and had a large congre-
gation.
By Mr. James—The female prisoner lived at High Rooth-
ing with her mother, who was a widow, and len ps a small
farm in that pariah. Price had preached at High Easton,
which was a neighbouring pariah t. Roothing. The mother
had 12 other children. The prisoner Ruffen was about 23
years old.
Sarah Ruffen, the mother of the prisoner, proved that
Price had visited her at her house, after they had been in-
troduced together at Mr. Wilkinson's. Her daughter went
to London in March, 1848, and came home in June after the
child was found. Sin was not married, and witness was not
at all aware that she was in the family way.
John Guy, the railway station master at Ingatestone, de-
posed that on the 6th June last the female prisoner arrived at
the station by the 11.56 cm, down train. She had an infant
in her alms, and she proceeded to the waiting-room apparently
expecting some one would meet her. She fed the child and
witness rem.rkid to her that it was a very small one, and
asked how old it was, and she replied three weeks. He them
asked her if it was her's, and she said it was. Witness re-
marked that it was early days for her to be out, aid that
she ought to take care of herself. After waiting a short
time, the other prisoner, Price, arrived, and on his seeing the
woman he said, " Oh, you are come." Ile then inquired
at what time the lady could return to London, and wanes',
informed him. Price then asked the other prisoner whe-
ther she was ready, and he took up a basket which she had
brought with her, and she earned the child; and they
went away together. After they bad been gone some time,
Price returned, and asked if the female could go back from
Chelmsford instead of logatestone, and he informed him
that she could do so by paying the difference between her
day ticket and the fare between Chelmsford and Ingate-
stone. The witness added that he believed a basket, which
was produced by the officer, was the same which the female
prisoner had with her when she arrived by the train.
Henry Knight, an cutler at Ingatestone, deposed that the
prisoners arrived at the New Inn, at that place, about twelve,
and that they went away together in the pony gig soon
after one, in a direction towards Chelmsford, the female pri-
soner at this time having the child in her arms.
Evidence was then given to show that the prisoners were
seen in the vehicle going towards Chelmsford, and that about
2 o'clock the child was found in a basket which had been
seen in the possession of the female, in a shallow ditch in •
lane at Widford, about a mile from Chelmsford. The
basket appraise' to be too small to receive the child easily,
and some force had evidently been used to place it there.
The lane where it was left was a place of some thoroughfare,
and it appeared that there was a gate and a footpath close to
the spot when the basket was laid. A great many witnesses
appeared to have been bound over to prove these facts, which
were very simple, and which, indeed, were not disputed by
the prisoners' counsel.
This was the case for the prosecution.
Mr. Ryland then submitted that there was no evidence to
go to the jury against the prisoner Price upon either of the
counts. As to the intent to murder, he apprehended there
was not a tittle of evident:. ; and as to the other counts, the
prisoner was under no legal liability to support the child,
and the count for wraith, he also submitted, could not be
supported upon the evidence that had been adduced.
The Lord Chief Baron intimated his opinion that the
npital charge of intending to do murder was not made out.
Mr. Ballantine said that, after the suggestion of his lord-
ship, be would readily abandon that count, but he should
contend that there was quite sufficient evidence to support
the other counts for conspiracy to burden the parish with
the maintenance of the child and for the assault. As to the
latter charge, he apprehended that the forcing an infant into
a basket for any illegal or improper purpose would amount
to an assault. - - . .

—The Chief said he was of opinion that the cue
ought to go to the jury upon the counts for conspiracy and
assault_ _ _

accordingly addressed the jury for the pri-
soner Prim, and he commenced by complaining of the
manner in which the case had been got up against him, and
of an indictment two yards long containing all manner of
charges, from an intention to murder down to an assault be-
ing preferred, thereby giving the prisoner very little oppor-
tunity of ascertaining what the real charge was that was
made against him. He then proceeded to state that
although an attempt had been made to cast a slur
upon the character of the prisoner, and to insinuate
that there had been some WIDOW connexion between
hint and the woman at the bar, not the slightest
evidence had been given of the fact. Supposing, however,
that the jury should believe that an improper intimacy had
existed between the parties, he asked them whether the cir-
cumstances would supply a motive for the commission of
so serious a crime as that which was imputed to the pri-
soner. If he had desired to °pineal the consequences of his
intimacy with the young woman at the bar he could have
done so easily, by the payment of a small sum of money ;
and he asked the jury whether it was likely that a man
who had been for several years the respected minister
of a large congregation should so far have fuptten his
duty and the position he held, as to have lent himself to
assist in the commission of a crime of this description. The
learned counsel then proceeded to comment upon the evi-
dence, reminding the jury that the prisoner Price was
proved to have been at home at three o'clock at Woodhull
Ferree, several miles from the place where the child was
found at a quarter.past two o'clock, and that there was no
distinct testimony to show that he was ever use the spot.
He concluded by stating that there were a great amber of
witnesses is attendance, ready to testify to the character of
the prisoner, but the circumstance of his position, as it had
been proved by the witnesses for the prosecution, rendered it
unnionsory that he should occupy the time of the jury by
calling them ; and he said he confidently anticipated that
when they came to look at the evidence attentively, and con-
sidered the nature of the charge, they would say that the
prismsr was not guilty of the offence imputed to him.
biz. James then made a most eloquent and able address on
behalf of the female prisoner.
The Lord Chief Baron then summed up, and the Jury,
after a short deliberation, returned! a verdict of Guilty
&Wait both defendants upon that mat of the indictment
Which charged their intent to be to %cram the parish with
the maintenanee of the chi d, bat flog escespiaied their
verdict by a recateamaittlea to sassy be the Mask.
Thce Chief Barre, la poise swims, -Id that tbe time

Name of Place Course of Strength of dime of wanner.
. wind. Wind.
Bniapotrrogs B.W. strong Breeze Cloudy
BIEDONWATIZ
Browns W. Strong Breeze Partially Cloudy
Munoz. N.W. Strong Breeze Partially Cloudy
C.., nu ........
Claws
DMILINOTOX W. Gentle Breeze Partially Cloudy
Ennontaon
Enna N.W. Strong Breeze Partially Cloudy
FOLIZOTOIM .4. B.W. Gentle Breeze Partially Cloudy
GIANOW
Gummi.= .
ORRENWICH.....— W. Strong Bream Overcast
HArrotos
Lotiam S.W. Calm Overcast
La/turn& W. Gentle Breeze Cloudy
Leave W.N.W. Strom Breeze Partially Cloudy
Gentle Breeze Showery
Lnuareoz...— .....
Ilmtcnizrza N.W. Strong Breeze Rain
MOFFAT S.W. Gentle Breeze Partially Cloudy
011ORD N.W. Strung Breese Overcast
Pnrameen N.W. Osnals Breese Partially Cloudy
Poor.' W. Oswtis Breese Partially. Cloudy
Foarmorrz N.W. Gentle Breeze Partially Cloudy
Aurora S.W. etroesDreene Partially Cloudy
Hoorn
Saar
Sotrramtrron
Strums
TANWOIII.III
MIIIIIIDOI
Wurrzzavior
Yong ...........

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