The Northern Daily Times.
Liverpool, Merseyside, England, 1856-12-06 00:00:00

CHARGE OF SEDUCTION AGAINST A

CLERGYMAN.

A meeting was held at Rochdale, on Wednesday evening,
for the purpose of investigating certain charges affecting
the character of the Rev. Mr. Morton, curate of St.
Mary's, in that town. The meeting was called at the
instance of Mr. Fishwicl;, churchwarden, and the pew-
holders of the church, in order that the report of Mr,
Fishwlck, who had been in communication with the
Bishop of Manchester on the subject, might be laid
before them. The correspondence with the bishop was
read to the meeting, from which it appeared that his
lordship declined at present to call upon the Rev. Mr.
Morton to take steps to clear himself from the charge
affecting his character, conceiving that steps ought to
be taken to substantiate those charges by those who
made the accusation, which would afford Mr. Morton the
opportunity of vindicating himself. The bishop, in his
letter to Mr. Fishwick, says, "It must distinctly be
remembered that I pass no opinion whatever as to Mr.
Morton, but that some grievous offence and mystery exists
is unquestionable, and it is a duty to endeavour to clear
up as much of it as relates to the church as possible." It
further appeared that a letter had been written by " Miss
-," on the authority of which a charge had been pre-
ferred against Mr. Morton ; but in another letter the
bishop states that, "It seems Mrs. - hesitates as to
giving Mr. Morton an opportunity of clearing himself by
defending an action ; " and, in the absence of the letter in
question, the bishop declined to " consider even the pro-
priety of issuing a commission" to enquire into the facts,
deeming it best: " to communicate with Mr. Morton or his
legal adviser, and leaving him to act as advised." Mr.
Heaton, on the part of Mr. Morton, stated that the rev.
gentleman had expressed a hope that the bishop would
suspend his judgment until he had an opportunity
of being heard, and that he was most ready to take prompt
measures to meet the charges brought against him ; but
he (Mr. Heaton) could not see how Mr. Morton could
take proceedings against himself. He suggested that "the
remedy was for Mrs. -to commence an action for
seduction ; " and as Mr. Morton's legal adviser, he
had been daily waiting for a writ to be served upon him.
After considerable discussion, resolutions were past,
approving the steps taken by Mr. Fishwiek, and also that
a requisition be Sent to the Rev. Mr. Morton, desiring
him to tender to the incumbent of St. Mary's church his
resignation as curate, or to take proceedings for the pur-
pose of clearing his character. A committee was
appointed to confer and advise with the churchwardens
on the steps to be taken in refersnce to this painful
subject.

DISTRESSING BOAT ACCIDENT-FIVE FISHER-

MEN DRO WNED.

The village of Findochty, situated in the parish of Rath-
yen, in this county, was plunged into distress on the
morning of Thursday last, by the loss of a boat and crew
belonging to the place. The village is one of those rmall
but populous fishing hamlets which abourd on the Moray
Firth. It was founded in 1716 by a colony of fishermen
from Fraserburgh, who were attracted to the spot by the.
natural creek or small harbour which the coast here pre-
sents. The creek is an indentation in the rocky shore, and
is capable of sheltering, in a storm, any vessel of 100
tons ; and we need not say that such a facility
forms a great convenience to fishermen. In pursuit of
their ordinary occupation, the whole boats—upwards of
twenty—went to sea as usual on the morning of Thursday
last, about six o'clock. The morning was rough,
and a rather heavy sea running, but the fishermen
of Findochty, possibly the least inclined of any of their
class on the coast to make a gust of wind a pretext for
indolence, thought nothing about it. They had gone out
about 6 miles and cast their lines for haddocks. About
half past seven a squall sprung up, accompanied with a snow
shower. The latter, however, soon ceased, but the wind
continued, and so much interrupted their labours that the
men resolved to haul their lines and return home.
The gale of course filled the people on shore with appre-
.hensions for the tate of their friends at sea; and nearly the
whole remanent population turned out to watch for the
boats, and many a prayer was offered up for their safety.
Speedily the great body of the skiffs were seen to approach
the shore, and by 10 o'clock all except three were safe. At
this stage, and while there were still three at sea—one crew,
we believe still near the fishing ground, and other two about
three miles off—a second gale sprang up, putting the
adventurous fishers in imminent peril. Every eye was
fixed on the two nearer boats, which were both distinctly
recognised. one being new and having sails entirely white,
the other he.ving also white sails, though slightly stained.
When attention was directed towards them the gazers saw
wilt terror the white canvass of the new boat dip in the
sea, and disappear beneath the wave:. For a few seconds
an agony of suspense was endered, there being a hoping
even against hope that the white sail would again become
visible. The pleasing fancy was not realised. The boat
and her gallant crew ' were gone ;, Am.—before-
their very eves, there perished the (fathers and the
brothers of the onlookers, without power to save. The
exact cause of the swamping of the boat cannot, of
course, be ascertained, it being such a long distance from
land : but the most reasonable conjecture is that the fresh
water stretching along the firth from Spey bay, coming into
collision with the waves, had increased their violence at a
particular spot, which the unfortunate crew had reached
with their boat just as the passing squall was coming to its
height, andhy which ithad been fairly overcome and swamped.
The boat with which the last crew were in company was
a little ahead of them, and when the crew in it observed
what had happened, they pulled down their sails and lay on
for a considerable time, but could see no appearance of
anything rising to the surface, and as the wind was blowing
strongly from the north or north-east, to go back.was a
sheer impossibility. They had no alternative but reluc-
tantly to leave the spot where their friends had sunk and
look to their own safety. They might have reached Fin-
dochty, but apparently unwilling to submit their feelings to
the trial of answering the anxious questions of distracted
and sorrowing relatives, they steered a little westward, and
came ashore upon the sands of Portessie. The third boat,
being nearly three miles off, saw nothing of the sad event,
and the crew came in totally ignorant of what had happened
Three of the men who are lost, we are sorry to say, have
left widows and families, and a fourth a totally dependent
aged father and mother.—Banfshire Journal.

CHARGE- OF CRIMINALLY ASSAULTING
AN IDIOT.-EXTRAORDINARY CASE.

On Thursday. Jacob Israel' was brought up for final
examination, before Mr. D'Eyncourt, at Worship-street
police-court, charged at the instance of the Associate
Institution for the Protection of Women, with having
criminally assaulted a young Jewess, named Julia Cohen,
17 years of age. Mr. Sleigh, who conducted the prosecu-
tion on behalf of the Society, said that the case was one
of a very novel and peculiar character, and was attended
with circumstances of considerable legal difficulty, result-
ing from the fact that the testimony of the complainant
herself was wholly inadmissible, as she was in a state
of complete mental imbecility. He was prepared, how-
ever, with other evidence to substantiate the charge
against the prisoner, after hearing which, he felt
assured that the magistrate would feel it. to be his duty
to submit the case to the consideration of a jury.
Philip Cohen, the girl's father, a fruiterer. living in
Goulston street, Whitechapel, was then called, and stated
that the prisoner, who was his nephew, had resided in his
house for a lengthened period, in intimate connection
with the daughter of witness, who was subject to epileptic
fits, and had been considered a confirmed idiot for the lats
six years. About six weeks since 'his attention was
directed to a startling alteration in the personal appear-
ance of his daughter, which induced him to obtain the
opinion of two eminent surgeons with regard to her
condition, and they both pronounced her to be in an
advanced state of pregnancy. Feeling satisfied, from
othericircumstances which subsequently came to his
knowledge, that his nephew had taken a base advantage
of her helpless state of mind, witness closely questioned
him upon the subject, but he maintained an
obstinate silence until the arrival of his mother,
who upbraided him with tie turpitude of his conduct,
which she told him was sufficient to account for a threat
he had held out to her that he was determined, by good or
bad means, to leave the'country. Witness at the. same
time strongly urged him to atone for his villany by marry-
ing the girl, and promised him that he would furnish him
with means to go abroad immediately after the perfor-
mance of the ceremony, to which the prisoner assented,
with the observation that as he had effected her ruin, he
was willing to make an honest woman of her. Before the
completion, however, of the necessary arrangements for
that purpose, the prisoner absconded from the house, and
the witness was reluctantly compelled to place the
matter in the hands of the police, who succeeded, with
some diltculty, in effecting his apprehension. Rachel
Cohen, the complainant's mother, fully corroborated
her husband's evidence, and Steers, City constable No.
630, stated that, on taking him into custody, the prisoner
admitted his culpability, but said that, although the girl
was regarded as an idiot, '' she was right enough at times."
Mr. James Douglas, a surgeon, in New Broad street, stated
that about six weeks ago, he was called upon to examine
the complainant, whom he had found in a state of preg-
nancy, and about two months from her confinement. He
had since put several questions to her with a view of
testing her mental condition, and was decidedly of opinion,
from the impaired state of her intellects, that she was
utterly incapable of distinguishing right from wrong. Mr.
Sleigh said he did not propose to call any other witnesses,
as.he conceived that sufficient evidence had been adduced
to satisfy the magistrate that the unfortunate young woman
was in a state of mental imbecility that entitled her
to the same protection as was afforded by the statute to a
child under ten years of age. Ft the case of " The Queen
v. Ryan," in which an idiot girl had been abused under
similar circumstances, it was held, by Lord Denman, that
when a Atoman was in a state of unconsciousness, whether
occasioned by the act of the prisoner or otherwise, a
person having connection with her at that time was guilty
of rape ; and it had also been decided by Baron Alderson

and other eminent judges, in " The Queen v. Camplin,"
that the act of resistance was not essential to the crime
if the complaining party was not in a condition to give
consent. The case was certainly involved in some doubt
and difficulty. There was no ex press statute to meet
such an offence, but for that very reason lie felt satisfied
that the magistrate would deem it incumbent upon him to
refer the matter to a superior tribunal, which would pro-
bably be the means of directing the attention of the
Legislature to the defective state of the lex scripti. which
left such miserable objects without efficient protection.
Mr. D'Eyncourt said that it was certainly a very import-
ant case, and he had no hesitation in ordering the prisoner
to be committed for trial, but he had no objection to
accept substantial bail for his appearance.

ASSIZE I NTELLIGENCE.

CHESTER.

THE DOUBLE MURDER OF TWO CHILDREN AT
CHESTER BY THEIR FaTHER.

TRIAL, CONVICTION, AND SEN FENCE UPON
THE PRISONER.
(mm OUR OWN REPORTER.)
CHESTER, FRIDAY.
The trial of William Jackson, charged with cutting the
throats of his two children, Mary Jane Jackson, and John
onintheae27ettliehoafrdSemapdtjeeiebteerg latshte,
Alderson. The greatest excitement prevailed, and the court
aCEnldidewsaattef.dtre cjweamacrkedtsseorny'b, ucletymiCntgineent ticei em
this morning before Mr. Baron
Chester, on
was crowded in every part, great numbers of ladies being pre-
teittreh andr Al
wasr un Horatiodefen
dLeldo.y d conducted the
prisonertbe
sperno st'e c ul‘t pr.
ion, rwr de t
on being placed at the bar pleaded not guilty. Me. Swetenham
at some length stated the case, He said the prisoner at the
bar stood indicted, as they had heard, for the murder of John
Edward Jackson. (The case of the boy was first taken.) The
deceased boy, John Edward • Jackson, was the son of the
prisoner at the bar. Ha proposed offering no comments on the
case, but merely to remind them on the present occasion that
the duty they were called upon to perform was the most serious
and the most solemn that could fall to the lot of any body of
men to perform, because upon their verdict would depend the
life or death of a fellow creature. His duty on that occasion
would be most plain. He had merely to request the jury—
because he could not disguise from himself the fact that there
were few persons in that city, perhaps in that court house, who
had not already arrived at a preconceived opinion on the question
—to disregard everything they might have heard about the case
before entering that box, and to be guided solely and
entirely by the evidence which he should lay before them.
With these preliminary remarks he asked the jury to give him
their attention whilst he briefly related the particulars of the
case. The prisoner at the bar was a married man, and had
by his wife four children. Sometime in May last, his wife
left him, and went to live in Manchester. She took two of
the children with her, and the other two were left with the
prisoner in Chester. The two children left with the prisoner
were taken care of by Mrs. Hancock, a sister of the prisoner
residing at Chester. It appears that the prisoner was in the
habit of frequenting a public house by the name of the Coach
and 11,raes, in Handbridge, in Chester, kept by a person of
the name of Rogers. Oa the 27th of September, the day of
the murder, a girl of the name of Mary Ann Green brought
these two children to the Coach and Horses, where the prison-
er was then staying, It was a very wet morning, The girl
Mary Ann Green saw the prisoner, and said to him that Mrs.
Hancock had told her to bring the children to him. The
prisoner replied, " What did you bring them here for? You
must take them back again." The girl, however, left the
children with the prisoner, and she saw them taken into the
Coach and Horses by him. The learned counsel then detailed
the subsequent facts, and afterwards called the following
witnesses in support of the prosecution. Elizabeth Rogers
examined by Mr. Horatio Lloyd. I am the wife of Richard
Rogers, who lives at the Coach and Horses, in Handhridge.
I knew John Edward Jackson, the prisoner's son. He was
lifvethyeears
family.a and
The
child nine months old. I am a distant relation
e
frequently came to my house. For
some time past, the child used to live at the prisoner's sister's
Mrs. Hancock's, in Foundry Lane, Chester. On the
27th of September, the little boy was brought to my house
by Mary Ann Green, about half past ten o'clock in the
morning. The prisoner was In my house at the time.
I came into the kitchen, and asked what brought the
children there. They told me their aunt had sent them
there, and I told the prisoner I could not keep them. There
were two children ; one was a boy and the other was a girl
The prisoner said he did not want me to keep the children,
and then went out to the door and called the girl back, to
take the children to his sister's. The girl, Mary Ann Green,
would not come back. Tho prisoner then went out by him-
self andecatne back in about half an hour. He then took the
-little giri lap in Ida arm., •and covered her feet with the flap of
his coat.. .tie then carried the little girl, who was about six
years old, in his arms up towards Handbridge. In about half
an hour afterwards he came back to my • hens) by himself:
He left with the little girl a little before twelve o'clock.
When he returned again, he said to the little boy, " Come
Jack, now ;" and he took him up in his arms, and covered
his feet with his coat. Both children were barefooted. The
boy had a hat on his head. He took the child away then.
I did not see in what direction he went. In the course of
Cast day, before dark, I again saw the prisoner at my house.
He came alone. I asked him where he had Oren the
children to, and ho said he had taken them to a friend's
house. Nothing more was said on that occasion, but I have
several times since asked him about the children. He always
made evasive answers, saying, they were at a friend's. On the
Monday morning before the prisoner was apprehended, he was
at my house. I sa d to bier, " Will Jackson, they say you
have made away with your children " He asked, " Who
said so?" I said, " It was a person who stopped me
in the street ;" and ho said, " What a place this Chester is, to
take a fellow's life away." I asked him where the children
were, and he said he would tell no one; they were
safe enough. I then told the prison he he had been seen
taking them up the Eccleston-road. Ha toad me that
he took them there to avoid Mr. Littler, whom he saw
coming down Handbridge. Mr. Littler is the overseer, and
he said he did not wish him to see the children barefooted. On
Wednesday, 22nd October. I again asked him where the chil-
dren were, and he said, " What a bother you make about the
children." I asked him if the children were in Handbridge,
and he said " No, they were safe at a friend's house at Bough-
ton." He was apprehended on the same day. On the following
day I went to the workhouse, and saw the dead bodice of the
little boy and girl. I recognised the bodies of both. The
prisoner had- been partly living at our house, between the time
of the murder and his apprehension. Ile is separated from his
wife. He has two children living with their mother. Mr.
Baron Alderson : Prisoner, have you heard what this woman
said ? Prisoner (in a firm voice) : I did, my lord. Mr.
Baron Alderson : Have you any question to ask her? The
Prisoner : Not any. Mary Ann Green was examined by Mr.
of
fsetehte 2enb7atneh, and proved that she was servant to the prisoner's
sister, and that she brought the two children, on the morning
September to. the Coach and Horses,inHandbridge,
where she saw the prisoner, and told him Mrs. Hancock sent
the children. He said, " What does Mrs. Hancock send them
here for? you must take them back again. Witness replied
Mrs. Hancock told her not to take them back. The children
went into_ the house and sat down, and witness went home.
The prisoner declined to ask this witness any questions.
Elizabeth Thomas, a charwoman, deposed to telling the
prisoner, on the morning of his apprehension, that his
wife bad come to Chester to look for - the children,
and he said the children were safe; but: that
his wife should not see the children if he could help it. He
also said that as to his sister Betsy, he would never forgive
her. Joseph Haines examined by Mr. Lloyd : I am a
tobacconist living at Hanbridge. On Saturday the 27th of
September, I was sitting in my daughter's house in Hand-
bridge, and could see Mr. Ducker's rope walk, which is distant
about twenty-one yards. As I was sitting there I saw the
prisoner coming up the rope walk from Holden's field. He
was carrying a little boy on his right arm. It was bareheaded.
It was raining hard at the time. He went through the
" hatch" into Roger's garden The "hatch" is nearly opposite
where I was sitting. 1 he boy had a little bag in his hand.
This was between twelve and ole o'clock. William Green,
examined by Mr. Lloyd : I am a rope maker. I was em-
ployed in Mr. Ducker's walk on the,27th of September. It
was so wet we could not work. I went to the walk about
twelve o'clock. I saw the prisoner on that day coming
through the hatchway out of Mr. Roger's garden. He came
up the walk towards Handbridge. This was about twelve
o'clock. [At this stage of the proceedings, a note from the
prisoner was handed to the judge, in which the prisoner desired
to have the assistance of counsel, asking for the services of
Mr. Macintyre. That gentleman shortly appeared in court,
and undertook the defence.] Francis Cotgreve, examined by
Mr. Swetenham. I live three or four doors from the Red
Lion Inn, and about a hundred yards from Roger's garden.
On Saturday the 27th of September, the prisoner came to my
house, about half-past four o'clock in the afternoon. The
prisoner's shoes were dirty. His right arm was stutched from
the elbow down with mud. He washed his heeds. I did
not observe anything particular about the water
James Broadway examined : I live in Mr. Rogers's garden.
On the 20th of October, I saw the prisoner in the Nursery
Gardens about ten minutes past twelve o'clock; I spoke to
him, end we walked out of the garden down to Handbridge.
I called the prisoner into the Coach and Horses, and when
inside I said, " Bill, this is a nice go about you," and he said,
" Is there, what is it? " I told him his wife was in town,
and he said, " She may go back again the same way as she
came." I told him she had been to the Exchange, and it was
generally reported he had made away with his two children.
" So I have," he said, " from her and my sister, for my sister
could not have much love for them, or she never would have
turned them out the way she did." 1 said, " It is nothing to
me, but your wife ought to be satisfied where they are." lie

said, " I know where they are, they are in those hands that
will take good care of them." Charles Speed examined : I
am a sergeant of police in Chester, and apprehended the
prisoner on the 22nd of October, on the charge of destroying
two of his children. He said, " They are safe, they are all
right, and my wife shall never know where they are." I
brought him to the police office, and repeated the charge to
him. He made the same reply several times. Thomas
Whittaker examined : I am a police constable in Chester. On
the 23rd of October I went to Rego,' s's golden, taking with
me a retriever dog. William Roberts was with me. lie dug
in a particular part of the garden, and the second shovel full
he lifted up I saw a child's naked foot. I then went up to
Mr. Hill, the head constable, and reported the circum-
stance. I returned again, and I saw the dead body of a
little boy first taken out of the ground, and next the
body of a little girl. There was nothing between
the body of the little girl and the body of the little boy. I
assisted in taking the bodies to the workhouse. James Long
examined : lam an inspector of police in Chester. On the
23rd of October I went to the place where the bodies were
found. I took possession of the clothes found on the bodies.
The body of the boy was covered with a frock, a petticoat, a
cape, &c. I afterwards found, in the hole where the bodies
were found, this bag, containing six marbles, a button, and a
syringe. Mary Ann Green was re-called, and identified the
clothes produced as those worn by the two children when she
took them to the Coach and Horses on the 27th of September.

Thomas Brittain examined by Mr. Lloyd : I am a surgeon
in Chester. On the 23rd of October I was sent for to the
workhouse, and on the following day examined the body of
the boy, which was much decomposed. I found an incision
extending from below the left ear across the right side of the
throat, made with a sharp cutting instrument. The wound
was so deep in the centre of the throat as to divide the carotid
artery and inside jugular vein. That would produce almost
instant death. The face was very much flattened. The girl
had a wound on the other side of the throat, not so dee?. The
jugular vein was divided, but not the carotid artery. There
was a slight wound on the chest, and the thumb of the right
hand was cut off at the second joint, as if the band had
been put up so save itself. I should judge the girl made
some struggle, but the other child none. The face of the girl
was very much flattened, so much so that the nose was
forced in. That might have been caused by tramping down
the earth after death. A plan of the scene of the murder was
hero put in and proved, and this closed the case for the prose-
cution. Mr. Macintyre briefly addressed the jury for the
prisoner, contending that it was improbable that the father
could destroy his own offspring, and that the jury should be
very slow to convict on circumstantial evidence, however
strong, in the present case. Mr. Baron Alderson, in summing
up, remarked that the jury were to decide according to the
truth, and if it led but to one conclusion they must follow it
out wherever it might lead them. It was not their duty to
tamper with their oath for compassion or any other reason.
Their duty was to act according to truth, and if they went out
of that they would go wrong. The learned counsel for the
prisoner had suggested manslaughter, and that if the prisoner
had really taken the lives of his children, he had committed
the act in a paroxysm of passion, but no provocation could
excuse the violence committed on a child. The question
really was not whether it was manslaughter or murder, but
the question was whether it was murder or nothing. To find
a verdict of manslaughter would be positively to disregard their
oaths. The question was whether the prisoner was guilty of
the murder or not, and let them see how that was made out.
His lordship then read the evidence to the jury, and, having
done so, asked who did it ? If they could see no other con-
clusion than that which implied that the prisoner did it, and
if they could see any other reasonable conclusion to draw, he
was sure they would be glad to draw it ; but their duty was to
speak the truth according to their oaths, and if their oaths led
them to infer the prisoner at the bar cut the child's throat,
they must find him guilty. If they could see any other way,
without doing violence to their oaths and to their duty to.the
country, let them adopt it ; but if not, let them do
their duty to thou country, and return a verdict of guilty.
The jury, without leaving the box, after consulting for a few
minutes, returned a verdict of GUILTY. The prisoner heard
the verdict announced without betraying the slightest possible
emotion ; and maintained, as he had done throughout the
whole of the trial, most extraordinary firmness and self posses-
sion. The Clerk of the Crown then called on the prisoner to
say why sentence of death should not be passed upon him ?
The prisoner made no reply, but leaned forward over the rails
oft the dock, with his chin resting on his right band, and
seemed quite unmoved. His Lordship then put on the blact
cap, and proceeded to piss sentence of DEATH. He said :
William Jackson, you have been found guilty on the very
clearest evidence that I ever heard in a court of justice, of the
murder of your two infant children ; and although the last
indictment merely charged the death of the boy, it is perfectly
clear, from what appeared on the trial, that you killed both
the one and the other—that of er having killed the girl, you
came back and carried off the poor little boy, and killed him in
like manner as you had killed the girl before. There seems
to bave been a struggle with the girl. first. in the course of
which you cut off the thumb of the child with the same instru-
ment with which you cut her throat. Then, having gone
through that horrible and dreadful act, you came back, took
away the little boy, whose death has been charged in the pre-
sent indictment, killed that child also, and buried the two in
one grave. There can be nothing said which can aggra-
vate or which can mitigate such crimes as
these. No possible anger on your part could have
existed towards children of the tender age of which
those were—the eldest scarcely above seven years of age, the
youngest not even six, the one for which you have been con-
victed. I can say nothing to you to aggravate your crime.
I would not if I could. I can only exhort you to remember
the situation in which you now stand, and to tell you there
is no hope for you in this world. Crime like yours must of
necessity end as yours will do. If there were any doubt,
there might be hope for you, but there is none. The
case is so clear that no one can doubt it—the crime is so
great that no one in this country can have any hope
of a remission of punishment. I beseech you, therefore,
from this individual moment, at which I am addressing
you, to consider your life as at an end, and all that
can remain for you as a wise and rational being, is to make
that which may be made, atonement to God through the merits
of Him who died for us all. That is all that can possibly
remain for you. Consider yourself, therefore, as dead from
this moment to the world. Fall down upon your knees before
the footstool of God, and beg his pardon. It may be obtained
from Him—it cannot be from man, because we cannot judge
of the internal motives as God can do. We must punish
according to the views which we alone 'possess—guilt like
yours must be removed out of the world, that it may end less
fatally to you in the world to come, will depend on the merits
of our Lard. His infinite merits may atone even for your
offence, hut then you must apply yourself to him, you must
beg and entreat, and throw yourself as a miserable
sinner, at the feet of Almighty God, and ask
of him mercy for the sin and wickedness of which you have
been in this world guilty. I can, say nothing more to you.
I have nothing to do but to tell you 1 do not pass any sentence
on you. I have only to tell you what the law says is the doom
of your offence. The law pronounces that for this your offence
Sou must die. I beseech you to remember that. I beseech
you to do what you can that you may not die eternally ; and
if,you die in this world without repenting of your sins you
will die eternally. .Conceive what an eternity of punishment
is. I beseech you to remember that. From that you may
yet escape through the infinite mercy and merits of our Lord,
but without that you have no hope. I will therefore
tell you what the law. says. I mutt tell you on
such an occasion as: this what the law of the country
says, and I, as its minister, 'mention it and repeat it to.you,
that far, this, your offence, you, be takertback to the place from
whence yon came, that from thence you be taken to a place of
execution, and there be hung by the neck until you are dead.
That is the sentence of the law. For myself, and I hope for
all who hear me, I pray God Almighty may have mercy upon
your soul. The culprit listened to his lordship's solemn and
impressive address with the utmost apparent indifference, and,
at its conclusion, he stepped lightly and quietly from the dock.
The learned judge's observations were delivered amidst a dead
silence, in a densely crowded court, and, evidently, created a
marked impression on all present save the one most interested.
The business of the Assize closed this evening (Tuesday.)
Just befoul the grand jury were discharged in the after,
noon, they made a statement to his Lordship upon that part of
his charge which referred to the question of dividing the
small counties into extended districts, for the trial of prisoners
at the winter assizes. The grand jury objected to the
proposed division of Cheshire and Wales into districts, upon
the ground that it would be inconvenient to bring Welchmen
to Chester in consequence of the difference in language, and
they were also of opinion that it would be more expensive
than the present system.

NEWCASTLE.ITPON-TYNE.—Dronmsza 3.
Mr. Justice Erie took his seat at nine o'clock, and pro-
ceeded with the trial of cases from the county. Michael
Cawthorne was charged with the wilful murder of Mark
Cunningham, at Hexham, on the 28th of September last.
He was also charged with the same offtnce on the coroner's
inquisition. Mr. Price and the Hon. A. Liddell were for
the prosecution, and Mr. Davidson for the prisoner. The
facts of the case were very simple. Mary Guthrie, whose
husband keeps the Lion Inn, at Hexham, stated that the
prisoner and the deceased were at her house, but not in
company together. The deceased said, " We have just
been turned out of a public house by the police." Caw-
thorne said, "Then you have been in worse company
than I have." Deceased said, "What do you mean?"
Cawthorne said, " I don't owe you any animosity."
Deceased said, " Nor I to you." Deceased said,,f
you come out, I will give von what you want, either'
light or dark." Deceased then went and sat at the
fire. Prisoner, and another man named Gordon, mean-
time, played at dominoes. She brought in a quantity
of ale, and said to prisoner, " You have no money,
and had tetter go home." Prisoner said she might set it
down, and he would pay her for it. She took the ale away,

but afterwards, hearing their tongues high, she went back.
and saw deceased catchCawthorue by the shirt breast and
pull it open. Cawthorne put his shirt breast in with
left hand, and said, " What will people say about flu.'
they will say I have been in bad company." The witr
wanted to put deceased out, and he resisted. He was a vt,
rude man She then asked Cawthorne to go home. -
thorne got up and said, " Do you want to use me ba
She said, " Nobody shall use you badly if you will
home," and she said to Gordon and Cunningham, " Allot
this man to pass." Cawthorne also said, " Allow me t
pass." George Dodds helped him out for fear they shut':-
ill-use him. As Cawthorne went out of the door he
stumbled, as if from it push from behind. Witness then
saw him holding up something which glittered in the gag_
lig ht. She started back and said, " Oh, dear, what's that ?""
Dod Is said, " It's a knife." The prisoner made no remark.
Dodds let go the prisoner and sat down. PriA.oner went
out, and witne s bulted the door after Gordon and
Cunningham remained in the house for about an hour
afterwards " for fear of an accident." They then went td
their lodgings, but Cawthorne got there directly after
them. He had an open knife in hzs hand. Deceased
said Cawthorne was no man. Cawthorne said, " is not
fi,.e minutes since I was with the police, and he told
me to defend myself with that," showing the knife. De-
ceased told him, ‘• If he was for fighting to lay the knife
down, and then," he said, " I'd see what you can do."
In saying that Cunningham struck him with his open band
upon the cheek. C twthorne stepped forward and stabbed
him in the belly. The d .ctor and the p lice was sent for.
The man died some days afterwards. They were all tin-
smi h's labourers. The counsel for the prisoner (Ur.
Davison) addressed the jury on his behalf, and urged that
he did not deliberately murder the deceased, but acted
under provocation and whilst in a state of drunkenness.
He was found Gaiiig cf manslaughter, and sentenced to
fifteea years' penal sa-vitude.

WINCIIESTeatt, DEC. 4.
(Before Mr. Justice Coleridge.)
PIRACY AND MURDER ON THE HIGH SEAS.
Guiseppe Lagava, 20 ; Giovanni Barbalano, 18 ; and
Matteo Petrrick, 21, three N espolitatheamen, were indicted
on the first c mat fur the wilful murder of J. Patti uson and E.
Evans, on the high seas; and on a second count for feloniously,
piratically, and violenty assaulting, stabbing, and wounding,
and putting in danger of their lives, John Scotland and
others, and stealing eleven sovereigns and other articles,
their property, on board the bargee Globe. Legava was
also indicted for shooting at Daniel Cullen, and the other
two prisoners for aiding and abetting him. On the ques-
tion being put to Matteo Pettrick he wished to plead
gnilty on this charge, but was induced to withdraw the
plea. They were also indicted for feloniously stabbing
David Thomas en board the same ship. Mr. Coleridge
and Mr. Buseell conducted the prosecution, and Mr.
Yonge was directed to conduct the defence. The jury
were half English and half foreigners. Mr. Coleridge said
that in the whole of his experience at the bar, he had never
gaol an „1-,plling case as that W
yet to lay before a jury'
which be had to draw their attention to to day, In June
last, the barque Globe, Mas'er, John Scotland, was lying in
harbour of Constantinople, bound for Balaklava, front
whence she was engaged to fp' ch barley, part of the storeA
sent during the late war- Tile master was waiting Peel
crew. Early in the month the three prisoners at thiS
bar and two other I'alians came on beard before any
others of the crew. At a subsequent period five English-
men joined the ship, including David Thomas, Daniel
Cullen, Evan Evans, and Joseph Pattinson. There was
also the mate, brother to the master. On the 4th :illy,
the ship was towed oat of harbour by a steanier, and ire%
sail in the afternoon for Balaclava. As far as the 'captain
was aware, a perfectly good feeling prevailed amongst thi
whiile of the crew, and no quarrel of any kind had occurred
between them, and he did not know but that all the men
were unarmed. As night came on the wafting were se, and
all was quiet, when at twelve o'clock, the master retired to
his cabin, leaving the mid. watch on duty. At half-past
three he was startled by hearing several pi .tol shots on deck,
and being called by the mate, he hastened there, and found
all the Italians on deck, attacking the English. Only two
of the prisoners were en the watch, the others ought to have
been in their berths. Cullen had been shut down at the wheel
by 'Agave, and afterwards was stabbed in the back and neck.
Evans was also shot, and mortally wounded, having sine,
died. Two of the foreigners were heard go down among:'
the men's berths, and there they stabbed and cut the throa
of two men named Joseph Pattinson and David Thome,-
Thome.. although dreadfully wounded, survived during t
night till assistance was afforded him and his woundsdressee
Pattinson was discovered in the morning with his he:..
nearly severed from his body. A boy named MeleaghL,.
was in a neighbouring bunk to that of Pattinson. The two
men went to him, but on his crying for mercy, Pettrick
kissed his cheek and said, "Me no touch you." The cane
tain and mate barricaded themselves in the cabin, and thus
escaped the murderous endeavours of the foreigners. The
ship became entirely in the possession of the Italians, and
after getting XI 1 handed up from the cabin by the captain,
they took what goods they liked, and left the ship in a boat
and rowed ashore. The ship was then four or five miles
from Constantinople. The captain having righted ihe ship,
succeeded in getting back .to Constantinople, and the
assistance of some Turkish marines and soldiers being
obtained, the three prisoners were secured after a pursuit,
they having landed, and got as far as Newtown, near
Kilos. Some of the ship's property was found on them. A.
man named Angelo seemed to have taken a prominent part
in the proceedings, and also another known as "Big Jack.'t
but Lagava and Pettrick were frequently recogn;sed in the
'inir acting prominently, and indeed the whole of the
foreigners were shown to be acting perfectly in concert dur-
ing the whole time. The above being proved in evidence.
Mr. Yonge addressed the jury for the deferce, arguing that
the prisoners were not shown es joint participators in the
murder of the men who were killed. Mr Justice Coleridge
summed up, and pointed out that every Englishman, with the
exception of the boy, was either shot at or stabbed ; if in
carrying out a robbery, some one or more of those engaged
in it committed a murder. it was not material whose hand
aimed any particular blow ; they were individually and
collectively responsible. If the jury were satisfied that this
murder was committted in the execution and advancement
of a common design, they must find all the prisoners guilty.
The jury having retired, and having consulted for nearly
two hours, returned with a verdict of guilty against all the
prisoners. Ills lordship, having put on the black cap, said
—Prisoners at the bar, I am extremely sorry that I am
unable to convey to you in your own language that which
have to say at the present moment. You have received, I
trust, as patient and as discerning a trial ste it was in my
power to give you ; understanding that you were in great
poverty, and had no friends, and were in a foreign country,
I asked an advocate toundertake your defence, and although
you are not able to judge of the manner in which he has
conducted that defence, I am bound to say that every per-
son here;who has any knowledge of such matters must know
that he has omitted no point in your favour. The jury
who have tried your case have considered it attentively,
and I am compelled to say I agreed with them in what
they say ; and if it should appear that the jury have fallen
into any mistake—because the wisest man may make 8
mistake in such a matter as this—care will be taken
that such mistake shall be set right. At the same
time, do not let me excite in your minds any false
hopes. My firm belief is that this verdict is a per.
fectly just one ; and the truest mercy I can show to
you is to say you must not expect your lives to be
spared. You will be attended by a faithful priest of your
own profession ; and I exhort you to pay the strictest
attention to all he shall say- to prepare you for another
world. Depend upon it that your days on earth are
numbered, and it only remains for me to prOnounce upon
you the awful sentence of the law, which is, that you be
taken, for the grievous crime which has been proved against
you, from the place where 3 oa now stand to the prison from
whence you have been brought, and that at the usual time
and place you be respectively hung by the neck till dead,
and that after death your bodies be buried in the prison in
which you were last confined ; and may the Lord have
mercy on your souls. The prisoners, mho were assisted by
an interpreter, left the dock with exclamations that they
ought to have been allowed to make a further statement in
their own behalf.

AT OSBORNE,
ARRIVAL OF THE COURT

PORTSMOUTH, Thursday.—A special royal train on the
South Western Railway, in charge of Mr. Godson, the
company's superintendent of the Rival station at Vauxhall,
arrived at the Royal Clarence Victualling yard this afternoo:
at 12 minutes past 1 o'clock, having performed the jcurne.
from Basingstoke in one hour. Royal salutes were fir.
on the train entering the
precincts of the port, and t'
usual prelarations were made by Mr. Davies, of the Roy.,
Clarence
yard, for the Qteen's comfortable receptic
Her Majoity was accompanied by
the Prince Consort, 1'
female branches of the Royal family, and by Princ‘
Frederick 'William of Prussia, The Queen was received on
alighting from the train by Vice Admiral Sir Georg,
Seymour, K.C.B. ; Major General Breton; Colonel Eyre,
R.A. ; Colonel Foster. R.E., A.D.C.; Colonel Graham,
R.ll. ,C.B A.D.C.; Lieutenant-Colonel Wright, A.Q.M.G.,
Captain draster, -A.D.C. to General Breton ; Captain
R.M.; Mr. J. Pinhorn, storekeeper, R.IsT.;
R. w Stevens,Breton, Town Major; Flag Lieutenant Malcolm ; Adju-
tant conolly.
Mr. W. London and South Western Railway
Company; and a guard of honour of Royal Marine Light
Infantry, commanded by Lieutenant Colonel Hunt, Captain
Searle, Lieutenants Read and Rabilliard. Captain the
Hon. Joseph Denman rte ived Her Majesty on board the
Fairy steam yacht, which weighed immediately for Cowes.
The standard was saluted by the ships, and the Queen
cheered by their crews on passing out of harbour and
through Spithead. The Fairy arrived at Cowes about 2
o'clock

STEALING CoTTER.—A man, named John Edwards, was
committed for one month, fur stealing copper nails from
the Queeta's dock.
PoanicaNs AND BEERSELLERS CASES.—John Gillain,
beerhouse keeper, llo,nby street, was fined ss. and costs,
for suedey trading.—Thomas Horrocks, beerhouse keeper,
Norman street, was summoned for Sunday trading, and
harbouring prostitutes. Mr. Goodiere appeared for the
defendant. The defence was that the defendant kept an
eating house as well as a beerhouse, and that the women
came in there. Dismissed.—George Hill, publican, Great
Newton street, publican, was charged for selling ale at half
past twelve on Sunday. Proof nut sufficient. Dismissed.
—John Wvlde, publican, Maddox street, was charged fur
selling at illegal hours. Dismissed.—John Griffiths, bur-
house keeper. Back S:anley street, was convicted of Sunday
trading, and fined 103 and costs.—John Forsham, beerhouse
keeper, Whittle street, was charged for Sunday trading, and
flue.] 4s and costs.—William Hignett, Kirkdale lane, beer-
housu keeper, was summoned for Sunday trading. Evidence
sufficient. Dismissed.—Mary Dearden, beerhouse
Gilbert street, was charged for selling at illegal
Disrnissed.—Mary Cross, Wright street, Edge hill,
oeerliense keeper, was convicted of Sunday trading, and
fined 53 and costs.—William Sumner, Harper street, ht.er-
house koeper, was fined 53 and costs for Sunday trading.—
Ambrose B ans, beerhouse keeper, of Lace street, was
summoned fur Sunday trading. Mr. Campbell for the
defence ; and called witnesses that the drink was given
without payment, but this failed, and a fine of 5s and costs-
inflicted.—James Archibald, beerhouse keeper, Blanche
stree►, was charged with selling ale at illegal hours.
Dismissed.

keeper,
hours.

Mr. Sylvester Redmond, reporter, to recover an
costs. The plaintiff said, about the 22th or 30th of last
September, Mr. Raukin, the defendant, engaged him to
alend a meeting of the St. Mary's Catholic Young
Men's Society, to be held in the Concert Hall, on the
30th of September, for the purpose of reporting the pro-
ceedings. The defendant asked him what the charge
would be, and plaintiff told him the usual charge was
one guinea for attendance, but as defendant was a friend
of his, he would only charge half a guinea. Defendant
said he would inform the committee, but that he was
sure the committee would not ask plaintiff to give his
services, under the usual charge. Defendant also said
the committee would want to be furnished with a
manuscript report of the proceedings, fully writ'en out.
Plaintiff said the furnishing of a full' report written out
was always a separate charge, according to its length,
but that, if he were paid for his attendance, and the
manuscript was not required immediately, be would
write it out without any charge. The defendant told
him he might take as much time as he pleased. It was
agreed, subsequently, that plaintiff should be paid one
guinea for his attendance. Plaintiff requested defendant
to send a ticket of admission to his office, which
was done. Accordingly, on the evening in ques-
tion, he went at the proper hour to the Concert
Hall, and applied for admission at the door,
leading to the platform, which was the door through
which reporters always entered. The person at the
door refused him admission, and I shut the door in his
face. He produced his ticket, and stated that he had
been specially engaged, but the man persisted in re-
fusing admission tither to hith or to a gentleman con-
nected with the Daily Post, who accompanied him
Finally, he was obliged to go away. Cross-sxamined by
the defendant : The door at which he applied was that
leading to the platform, by which he and all other
reporters were always in the habit of getting in. Went
to a large door, leading up the gallery stairs, with the
gentleman of the Daily Post, and represented the case to
the doorkeeper there, who said he was very sorry, but
that he could do nothing in the matter. Does not know
whether he celld have got into the body of the hall or
not. Reporters do not go into the body of the hall, as
it is generally very crowded, ann being unprovided with
any facilities, it would not be possible to report there.
Went to the meeting only in consequence of his special
engagement. Defendant : Then how was it that your
refus 1 caused the editor of the NeRTHERN TIMES to
write an article of sarcasm upon the society) (Laughter.)
His Honor : I am not going to try the editor of the
NORTHERN TIMES on the merits of the article.
(Laughter.) Plaintiff, in answer to defendant, stated
that he did not write the article, but furnished the mate-
rials for it. On the part of the defence, Mr. Rankin
stated the facts of the engagement precisely as Mr.
Redmond had done, but stated that directions were
given to the doorkeepers to admit reporters, that the
reporter of the Mercury did obtain admission, and that
if Mr. Redmond had taken proper means he might have
got in also. Mr. Jolla Vaughan, reporter of the Liver
pool Mercury, stated that he attended the meeting in
question. Was on the platform, and had no difficulty
in obtaining admission, but he happened to have come
an hour before the time fixed for tea, or about two
hours before the speaking commenced. No other reporter
was present. Has been attending meetings at that hall
for several years, and always went in by the platform
door, Never knew reporters to report in the body of the
hall except on one occasion, when Signor Gavazza was
delivering a lecture, and expressly desired to have the
whole of the platform to himself. Witnesses were cal ed
on the part of the society, who stated that so far as they
were aware directions had been given to the doorkeepers
to admit all clergymen and reporters applying for
admission, even without tickets. It 'was stated that in
consequence of the crowd, the doors leading to the stair-
case were at one time closed, but the witnesses did not
know that the platform doors were closed. His,lTonor
(to the plaintiff) : It is quite clear that you are entitled
to recover. There is no doubt that you attended,
and that from some want of management the
doors were not opened to you, and your were pre-
vented from obtaining adinission. Your are quite
entitled to recover, and I sin also disposed to think that
yon would have been paid if it had not been for the
article which appeared next morning. (Laughter.)
However, I am not expressing any opinion as to the
propriety of the article—perhaps it was very well
deserved. (Laughter.). Verdict for the plaintiff.
COLLISION CASE—WRIGEIT V. TIIE LIVERPOOL STEAM
TUG Coateawy.—ln this case Thomas Wright, the owner
of a small fishing smack, claimed £4 lOs for damages
done to his boat'by the steam-tug Sampson, belonging
to defendants. Mr. Goodman, representing Mr. Henry
Forshaw, stated the plaintiff's case. From his state-
ment it appeared that on the night of the Bth October
last the smack was lying opposite the Prince's-dock wall,
at a distance of about 400 or 500 yards, when the
Sampson came down the river and ran into the smack,
knocking off the bowsprit, and doing other damage to
the amount claimed. The plaintiff deposed that one of
the crew of his smack held a bright light up, and also
hailed the steamer. In answer to his Honour the paintiff
said it was not usual for fishing smacks to have a light
at the masthead. It was usual to hold a light up in the
hand, but some of them only had a lantern slung from
the end of the bowsprit. The defence was, that instead
of the smack being run into by the steam-tug, it was the
smack which had actually run into the tug. His Honour
said the evidence had been fait ly given on hoth sides,
but there was a very important point in dispute respecting
the rights, and he should therefore take some time to
consult nautical men upon the subject, He should give
his decision on Tuesday week.
YOUNGE V ELrurNsTorr.--This was an action brought
by Mr Frederick Young" an actor, to recover lOs,
from Mr. James Elphinstone, lessee of the Park Theatre.
Mr. Gray appeared for the plaintiff. The amount
claimed was the balance of salary, at the rate of £1 10s.
per week, which the plaintiff was to receive under an
engagement as "singer, walking gentleman, and a
portier of the juveniles," The plaintiff deposed, that he
was engaged to perform at the Park Theatre, at a weekly
salary of £1 10s., on the 25th of November; a notice of
one fortnight to be given by either party. Engaged to
play, singing, and walking gentleman, and a portier of
the juveniles; such as " Henry Bertram," or, " Francis
Osbaldiston." Arrived three days before the time,
from Hull, the theatre was not open then, and, there-
fore, did not perform until the following Saturday.
Performed for about a fortnight. Had to play some
very unpleasant parts; snob as fighting man, in a play
called " Wgstminster ;"—in which he bad to sing part
of a flash or slang song. Was asked on one occasion to
play the part of ‘• Lycon," an old fisherman, in " Ingo.
mar." Refused to play that part, not conceiving that it
came under his engagent. Received intimation from
Mr. Elphinstone that the engagement must terminate.
It must have gone very much against plaintiff, in seeking
after engagements as walking gentleman, if he had con-
tinued to play such a class of as those assigned to him.
The plaintiff accordingly claimed a fortnight's salary;
and salary ft'. a week, during which he was not acting,
previous to the opening the theatre, but subsequent to
his engagement. Mr. Husband, on behalf the'defenee,
cross-examined the plaintiff, who defined very clearly,
and in an intelligent and gentlemanly manner, the pre-
cise line of parts which came under the denomination of
"walking gentleman ;" such as the lover, the friend,
and such characters. He denied that he ever broke
down in the singing of a song. Mr. Husband contended
for the defence, that, in small provincial: theatres, the
part of "walking gentleman" ir eluded such parts as
those the plaintiff refused
,to play ; and which were
theatrically known as " overall utility" parts. Mr.
Elphinstone was examined to prove the facts relied on
for the defence. He stated that, in-small theatres, the
distinctions of parts knogia in large theatre, were very
rarely preserved, and that actors had to accommodate
themselves to the pieces. In such theatres, the "overall
utility" parts, were usually given to the " walking gen
tlemen." To Mr. Gray : All the performers at such a
theatre may be called ""
utility men." Mr. Gray : You
may play the king one night, and beggar another?
Defendant : Yes. His Honor : These is very high
authority for that. Mr. Gray : Garrick played
the coaracters of " King Lear," and "Abel Dragger,"
Mr. Smythson, leading performer of the Adelphi
Theatre, Liverpool, deposed that the part rtjee`ed by
the plaintiff was usually in provincial theatres assigned
to the walking gentleman. Mr. Walton, stage director
and prompter, Theatre Royal, also deposed that the
character in question was usually cast to the first
walking gentleman. His Honor said that, although lie
was at first of opinion that the part of old fisherman did
not come within the part of walking gentleman, yet it
would appear that theatrical men, of long experience,
interpreted it otherwise. He could not presume to set
judgment against theirs, and should, therefore, direct a
nonsuit.

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