Northern Times.
Liverpool, Merseyside, England, 1857-12-04 00:00:00

LANCASHIRE WINTER ASSIZES.

YESTERDAY
•
His Lordship, Mr. Justice Wightman, took his seat on
the Bench at 9 o'clock, when the following prisoners were
placed upon their trials:—
ASSAULT AND ROBBERY AT SALFORD.—Richerd Pickup,
aged 20 a dyer, and William Love, ag-d 25, a striker,
were charged with having, on the. 13th of October,
feloniously assaulted and robbed Maria Bowman, add
stolen from her person a shawl and is. 61. in money.
Between two and three o'clock on the morning of the day
in question, the prosecutrix, a decent, respectable, and
rather good-looking young woman, the wife of a rent
collector, living in Broom-street, Salford, was looking for
her husband, when she had to pass the Angel public-house,
in Chapel-street, where she saw five men Aandine. As
she was passing along the Oldfield Road, they followed
her, and one of them (the prisoner Pickup) kicked her
ancle. She asked him what he was ab:ut, when she was
knocked down in the mid 'le of the rows, where he, with
the other prisoner, Love, attempted to take liberties with
her, and robbed her of three half crowns and a shawl.
They then ran away, three going one way, and the two
prisoners the other. When she was near to her o ern house,
the two ag tin attacked her, when she called for assistance,
and they ran away. The witnesses for the pro-
secution having been called, His Lordship said :
In this case, as in many others that I have had to try
at these Assizes, it appears that when the prisoners
were examined before the magistrates they had not been
asked what they had to say in answer to the charge, and
therefore they had not made any statement. Magist ates
ought to know that they had a right to ask them what they
had to say. The Aet of Parliament was imperative, and
if it is not done it was a neglect of duty. It is an injustice
to a person not to do it. For the defence, it was contended
that the prosecutrix's moral character was not good, and
that at the time of the robbery she was out of her house,
drinking about the streets His Lordship having summed
up the evidence, the jury found Love guilty, but acquitted
Pickup. Sentence deferred.
INDECENT ASMULT UPON A Cerere—James Johnson.
aged 22 a collier, was indicted far having assaulted a child,
named ilary Dolan, of less than ten years of eg e The
evidence not being sufficiently conclusive, his Lordship
directed the jury to acquit the prisoner.
ATTEMPT TO MURDER AT BLACKBURN.—James Farraday,
aged 37, a tinman, stood indicted for having, on the 15th
of September last, feloniously stabbed and woanded Agnes
Lakeland, with intent to murder her. The prisoner and
the prosecutrix were related by marriage, the prisoner
having married the woman's sister, who died soave years
ago The prosecutrix was a married woman, but had lived
with the prisoner as his wife for some years up to the 12th
of September last. They lived together on comfortable
terms, but on that and the following day there had been
some quarrelling between them, and she threatened to leave
him which made him very angry. On that night she got
some of her clothes away, but went to her work on the
Monday as usual. She again talked to him about leaving,
and said if he would go to Belfast, she would find him
money, for they had better part before something uncom-
fortable occurred. She was led to make that statement in
consequence of his having before threatened, that if she
ever left him, he would follow her to wheresoever she
might go, and would murder her. This he had threatened
to do frequently. The prisoner, who had been drinking,
refused to li ten to that proposal. The prisoner went to
bed about six o'clock in the evening, but between one and
two in the morning the prisoner was heard to go down
stairs and strike some matches. After vs ,ndering about
the house for some time, he went to the bed side, where
the woman was lying, and putting his hand upon her head
said, " Agnes, love, I want to speak to you." She then
felt a gash in her throat, and c-ied out,' Oh, I'm stabbed."
She was bleeding profusely from the throat and attempted
to go down stairs, when the prisoner followed her, and
turned her into the yard, where she remained until the
arrival of the pslice' who found her almost senseless from
the loss of blood. Several witnesses were called to prove
the above facts, after which Mr. Kay addressed the jury
on behalf of the prisoner, arguing that at the time the
offence was committed, that he was in such a state,
brought on by drink, as to render him incapable of
following any delibera'e intention to inflict injury
on the prosecutrix. A number of witnesses were
called to show that, previous to this charge, the prisoner
was a quiet and well behaved man, and much respected.
Mr. Cross replied, contending that drunkenness was no
excuse for committing an offence, and as to insanity,
which was a'so set up, hr did no' see that any reliance
could be placed on it, and said the reel question the jury
wouldehave to decide was whether the prisoner, at the
time he committed the offence, inten lel to kill the woman,
or whether he only intended to 'do her mere grievous
bodily harm. His Lordship summed up the evidence with
great minuteness, and earnestly directed the attention of
the jury to the principal points of the statements which
tended to criminate the prisoner. The jury having retired,
land kept in consultation for upwards of three quarters of
an hour, returned into court with a verdict of guilty of
cutting with intent to kill. His Lordship then proceeded
to record the sentence of death against the prisoner, and
in doing so, addressed the prisoner to the following
effect :—The jury, after a very careful examination of the
case, had come to the conclusion that he had been guilty
of the most grave and serious charge of cutting
and wounding the prosecutrix with intent to kill
and mur. 'er. Ho had had the benefit of being de-
fended by able counsel, who had urged every topic in his
favour that ingenuity could suggest, but he could not see,
after hearing the evidence, how they could come to any
other conclusion, for it did not warrant the plea that was
set up. It appeared that he had formed an unfortunate
attachment with this woman, who stood in near relation
to him, and that he had threatened, over and over again,
that if she left him, he would murder her, and he had made
that attempt. That was a most dangerous offence—
dangerous to society, and must be punished. There was
nothing to show that the prisoner had at the time lost the
use of his proper understanding. This was one of the
very few cases which still remained capital by the law, but
in this case it would not be carried out, but in all pro-
bability, the prisoner would be transported for the period
of his natural life.

BIGAMY AT PRESCOT.—Thomas Leather, aged 25,
labourer, stood indicted for having, on the 24th August
last, feloniously married Elizabeth Byron, his firmer wife,
Elizabeth Leather, being then alive. The two certificates
having been put in and read, witnesses were called to prove
the respective marriages, and also that the second wife was
aware of the first wife being alive before she was married.
Guilty. Three months imprisonment, with hard labour. -
STABBING AT PARR.—Nary Ma'ouy, agcd 30, stood
indicted for having, on the 24th of Octobr last, feloni-
ously stabbed James Farrington, with intent to murder
him. In this case the prosecutor was a carter, living in
the village of Parr, and the prisoner was the wife of a
labouring man, living in the same locality. On the day in
question, the prosecutor was out with his cart and left it
in the street for a short time. While he was in the house
he heard the horse moving on, and, on going out, ha saw a
boy, the son of the prisoner, going away with it. He ran
after him, ar.d gave him a slight tip. The prisoner then
came, and threatened she would have his blood
before night, when he would be served out. About
five o'clock on the same day, he was passing the
prisoner's house, when her husband came out
and attacked him, but as he was the strongest of the two,
he got the best of the fight when the prisoner came
running up to him with a knife in her hand, and stabbed
him in the right arm. He called out murder, when the
prisoner expressed a regret that she had not cut his throat,
and then beat his head most severely with a stone and
much injured him. These facts having been proved by
the prosecutor and several other-witnesses, the jury re.
turned a verdict of guilty of unlawfully wounding. Three
months' imprisonment.

WOUNDING WITH INTENT AT SUTTON. -- Patrick Gilfoy,
aged 24, a labourer, stood indicted for having on the
25th of October, feloniously cut and wounded William
Critchley, with intent, &c. In this case, the prosecutor
was a glass maker, and lived at Sutton On the night in
question they were in a public house in the `town, whoa
the prisoner commenced quarrelling, and the landlord,
having a lame hand requested the prosecutor to tarn him
out. Ho did so, and fastened the door, but soon after he
again came into the place, and struck him a very violent
blow on the head with a spitting di3h, by which he was
rendered insensible for some time. Six months' imprison..
ment, with hard labour.
The court adjourned until this morning at nine o'clock.
The utmost difficulty was experienced by the reporters
from the want of some appropriate place where they might
have some chance of hearing what is going on during the
time, he witnesses are standing in the box to give evidence;
and, besides that inconvenience, on more than one occasion
they had to run about the court in order to get the sentence
passed upon the
lordship'd address having been heard in the reporters'
prisoners, not a single sentence of his
gallery.

COMPENSA.TIIN3 IN BANKRUPTCY COURT.—By a return
just issued, it appears that the and -rmentivned offices have
been abolished in the Court of Bankruptcy, aril the
fallowing annual sums are paid by way of c.)mpensltion to
the recent holders, Nix :--To the Rev. Thomas Thurlow
(formerly Patentee of Bankrupts), £7,352 143 GI ; to
Clement Tudway Swanston (formerly ex-Commissioner),
£200; to John Turner, f)r the like) office, £200; and to
William Learmouth, £2OO. The total amount of these
compensatory allowances is £7,952 14s 6d. None of the
foregoing gentlemen now hold any office, with the exception
of the last, who fills the situation of Lord Chancellor's
Messenger.

TEE CHARGE OF MURDER ON THE HIGH SEAS.

FOURTH DArs PROCEEDINGS.

Captain J. A. Malefic and Saints Millard, were brought
lip according to remand, before Mr. Matsfield, at eleven
o'clock, yesterdai, lit the Policc-court. The court was
donsely crowded. Mr. Tyndall was for the Crown, end
Mr. Buck for the captain, with Mr. Snowball for the
mate.

The first witness called was Nicholas Lamput (examined
through Mr. Achilles Perossi, the interpreter, who acted
on Tuesday). I belong to Jersey, and wai an able seaman
on board the barque Elizabeth, from New Calabar; the
prisoners were tho captain and mate of the vessel. Three
ether men joined at Breaker Island. The deceased was
one of them, and sailed from New Calabar for England.
Roderigo was in good health, and bad good colour in his
face, and was a strong man. He was like all Spanish,
dark it, colour. He worked on deck when we left Calabar
as well as any one else, but before that he was working below.
I was in the mate's watch, and Roderigo was in the same.
Sailed about the middle of July, but can't say the date.
Roderigo remained in the first mate's watch four or five
weeks, and was then put into the second mate's, and was
a strong man then, and done his work well. There was a
man less in the second mate's watch, and ene that could
net steer so well, and that was the reason ho was put into
it. Three weeks after he left deceased complained to mo
that the captain beat him.
Mr. Bluck :„ That is not evidence. Mr. Mansfield said it
was nst.

Did you ever see the captain beat him yourself ? Yes,
about the lamp, I did.
Mr. Bluek : Let him go into the assault about the
binnacle lamp, as there is nothing he knows before that.
Witness, in reply to Mr. Tyndall: From six to eight on
the etenine of the wheel affair, and that was four weeks
and some days. after we sailed, I was in the forecastle.
Roderigo showed me a tooth one night when he left the
wheel, end his lips were swelled, and his mouth full of blood
I heard Roderigo cry, but did not take notice. I heard the
captain say "You G— d— Portugese, I will kill
you." After that Roderigo came to the forecastle and
spoke to me, and said the captain had beaten him.
Did you see the captain beat him after ? ~Yes, about two
weeks after that. It was from six to eight in the evening.
The second mate cried " Trim the lamp," and some one
told the " Russian" to go. I was in the forecastle, and
when I heard the Russian's name I came out on deck and
age him. The lamp was lit, and he went to the binnacle
and took the one that was there. When coming down
from the poop he fell with the lamp in his hand, and it fell
out of his hand. I heard the captain's v, ice askhg who
broke the lamp ? and the steward said it was the Russian.
The captain caught hold of him by the neck and began to
swear he would kill him, and threw him on the deck at the
same time, end kicked him. He fell with his face on the
deck, and he gave him three or four kicks on the side and
on the hg. When deceased was down the captain gave
him kicks on the back with his heel, and he sarg out,
" Murder, murder," in his own language, "Don't kill me."
The captain said, "You G— d— black Portuguese,
you son of a —." Roderigo came up to the forecastle
by catching hold of the side of the ship, some ropes, and
water c• ski.

, Why did he go that way? Because he could not walk
upright. He told me the captain kicked him and broke
a bone in his right side, and he had pains in his legs from
the beating.
Did you look at his side ? Yes ; but I saw nothing on
the side but a red mark on the spine, the form of the heel
of a ehoe. It was on the skin the mark was, and he was
in great pain and stooping. Roderigo said he would not
live to reach Liverpool, that the captain would kill him
before that. Saw him on deck next day, and he walked
bending. Saw his back next day, and the red mark was
turned blue and swelled ; when I touched it he jumped
from the pain. Roderigo said he felt pain in the right
leg, and I touched it and he jumped; from the knee up it
looked a little swelled, and he complained of the touch
very mach. Two or three weeks after the captain came
to see the sick men in the forecastle.
Who was sick then ? The witness went on to say
whore, and that Roderigo was amongst them. He was
very ill, and could not keep on his legs, and was stooping.
If any one touched him he would cry out. After the
captain had visited the sick he told the RUSiiall he was
not ill, and if he did not coma out of his bunk, he would
fasten a rope to him and pull him out. I helped him to
get out of his berth. He could not stand up from the
pain of his legs. He did not appear strong. He was
while and lean. He was not as -lean as a nail, but had
lost a great deal of flesh. The captain saw deceased
sitting, and he said " You g— d— Russian stand up,
you arc not ill," and then he beat him two or three times
with a rope as thick as two thumbs. He beat him With
all his strength, and every time he struck him the deceased
bent his back and cried " murder, murder."
Mr. Block said where there was such fresh evidence as
this, the witness ought to glye dates.
Mr. Tyndall : He has given you dates already. •
Witness : I saw the captain beat him after his head
was shaved.
How long was that before he died ? About three weeks.
There were two days deceased had nothing to eat—at
least I did not see him eat anything. Roderigo was laid
up in the forecastle, as he could not walk cr stand up.
He eat what he could get, and was obliged to go and get
it himself. He waa not strong enough to go for his rations.
Sometimes he got meat boiled with his biscuit.
Had the crew orders to supply him with food ? The
crew had orders to give him nothing. I often gave
him coffee and oatmeal. His allowance of meat
was stopped when he was laid up. That was four.
or five months before his death. I was sick after
Roderigo was laid up. One night the second mate asked
whose lock-out it was ? and Summers (one of the men)
was on the look-out, and said he was not relieved yet,
and I heard some one say it was the Russian's turn, and
the second mate ordered him to the look-out. I helped
him cut with the second mate, and he went on the deck.
I then heard the first mate's voice asking who was on the
look-out? The second mate said it was the Russian's,
but he was not yet on the forecastle. Leearcl the first
mate then say " Go on. go on," like as if he were pushing
some one along. Heard Roderigo say "Don't strike me,
I shan't go up," as he could not go. Saw him next day,
and he complained every day of his leg, but did
not complain to me of the mate, he only com-
plained of the right leg. The second mate sent deceased
down about a quarter of an hour after on that night, and
when he got into the forecastle he stopped an hour before
he could get into his bunk. Since his head was shaved
he always complained of cold. I helped him into his
bunk as he could not do it himself. The deceased
cleaned himself like the other men every Saturday before
he fell ill, but was not able to do so after. The witness
was examined at some length in reference to the shaving
of deceased's head, and the pouring of water over his
head to clean him by a man named Gilespie, who, when
he had cleaned him, put -dry and warm clothes on
deceased. He complained of cold in his head after, and
I gave him a night cap, and cut np a pair of drawers to
put round his head also. After that deceased took the
iook-out, and was often relieved by the second mate.
Do you remember his being without food,for two whole
days ? Yes.
When was that? Six or aevea days before his death.
I often gave him biscuit, as he complained of being
hungry. Saw him try to go to the galley with his can to
get some coffee, as he sail he was starving. The ship
was rollite, and he staggered and fell with his head at
the forecastle door; he cried out and said if ho were
somebody else he would be helped ; the cook came and
took his pot to get some coffee for him.
Was the captain on the leek then? Yes, near the
forecastle, and said " You G— d— Portuguese, you do
that on purpose to get some coffee."
Did the captain then do anything ? He took a " fore
rib" and struck him, and said, " get up out of that."
Roderigo pulled himself up and crawled to the forecastle.
The captain beat him all the way.
Do you recollect the day he died ? Yes, and he was
taken on the deck on the morning of that day to clean
him. He sat on souse spars for five minutes, and then he
fell on the deck and said, " Murder, murder," "I'm
dying," " Give me a knife 'and cut my throat ;" he was
complaining of his head, leg, and back. The deceased
called me that night and said some one had struck him
on the face. His mouth was full of blood, and he said he
was dying. He was lying ou his right side on the wood,
and had no pillow ; there was blood coming from his
mouth, and came in pieces of a dark colour. I think he
was dreaming, for there was no one there to strike him,
' for when any one touched him lie would cry out the same
as if he were being murdered ; he had on half a blanket at
the time. I touched his hands and feet, and they were cold
I had some tea, and I gave it to him. He had changed a
great deal. When he came on board ho was fat and
strong, and in good health
Did he die that night ? Yes, in some time after. I sent
to the captain neat naorniLf, to say Roderigo was dead, and
he came in an hour after. 'The captain asked if deceased
had complained? and I said he did of his head, legs, and
back, and then the captain went out. I have scurvy in
my legs yet, but I never saw marks of it on deceased, nor
did be ever complain to nee of having it. Two days before
his death he complained of his gums, as he had eaten
hard biscuit. I was not able to eat rice when I had the
scurvy. A month before arriving we had no lime juice.
Did you F ver see lime juice given to Roderiga ? No,
sir, but saw the boy give him turpentine to rub his back.
He was not treated like the sailors who had the scurvy.
They had oatmeal, rice, and lime juice. We had no sugar
since the 9th October. Roderigo could steer as well as I
could, and whenever I relieved Ulu he was always on
his right course.
Was there any talk about the way the captain treated
the poor man ? Yes, they said the captain did so because
he was a foreigner, but if he was an Englishman he would
not do so.
Did you sae him spit blood? Yes, two or three times,
four or five days before his death. Saw him spit blood
after he was beaten for going to the galley for the coffee.

BOYS' CLOTHING MADE WITH GREAT TASTE, atILEWI3.aLd

COMPANY'S, Ranalagh-street.

Ile sometimes coughed, but not always. He had great
difficulty in breathing.
Cross-examined by Mr. Black : There were four
foreigners on board.
Did the captain treat them as bad as he did Roderigo?
No, for I would not let him do so. I was not beaten, but
the captain said if I fell into the sea, he would not stop
the ship to save.me. I don't know if lime juice was
served every day. Never saw the captain bring lime
juice and treacle to the forecastle, but did see the boy do
so once or twice. The first time I saw the captain beat
him was about the binnacle tamp, but heard nothing
before that except what Roderigo told me.

Mr. Bluck : Do you mean to say you saw the captain
kick him with the heel of his boot ?
Mr. Tyndall ; No, he did not say the heal of his boot.
Mr. Block appealed to Mr. Garnett, who read the
erhience, and what he had taken dawn was, that the
captain trod on him with his heels.

The Witness then showed with his foot the way he said
the captain stat‘ped on the deceased.
Mr. Bluck: Did you see any one else there then? It
was dark, end I don't know.

Mr. Bluck : Then how do you know the captain and
Rolerigo were there ? I saw them, but I can't tell if any
one else was there, as I did not take notice of any one
else. I was smoking a pipe, and was ill before that, yet
I came on deck to smoke a pipe.
When did he tell you he had a bone broken in his back?
When he came to the forecastle ; but it was not "in the
back he said, but the, right side. He did not say it was
one of his ribs.

Was there any one present, for it is important to have
some one present ? I can't tell the name of any one
present—the second mate or boatswain—there was some
one near Roderigo, but I don't know who it was, but I
think it was the, second mate; that was about a week
after his head was shaved ; he was willing to have his
hair cut, but not shaved,

How long after that did he die ? About two weeks and
some days.
He get cold, did he not, after ? Yes.
Mr. Bluck : And died of that cold, di•l he not ?
I can't tell that; I was near him when he died; but
did not see Henry Renshaw there; they were frieads the
same as any one else on board.
Did you heir Roderigo tell Renshaw to go to the
Spanish consul and get his money ? No.
Did you hear him tell Renshaw to get justice done him ?
No; he might do so when I was on deck. Never saw
Renshaw wash deceased, but saw him bring his bread and
coffer. I was the last man that spoke to him at midnight,
and when I awoko at six in the morning, he was dead.
I put my hand on his forehead, and he was cold. Saw
deceased's right leg swollen ; my legs are swollen now.
Mr. Bluck : Scurvy makes the legs swell ? Yes ; for I
have a proof of it now. I know two sorts of scurry_
the white and the black scurvy. I had the white, which
bares no marks ; black does.

Tho cross-examination of this witness was not concluded
when his Worship rose, having an engagement elsewhere ;
and the case was then fur: her adjourned to twelve o'clock
this day.

POLICE INTELLIGENCE.-YESTEIDAY.

LIVERPOOL.
BEFORE MR. MANSFIELD.

A BILL OF CHARGES.—Robinson Irving, a ear driver,
living in Pontac-lane, was charged by Mr. Hughes, the
out-door relieving officer, on a charge of having left a son
of his in the workhouse for nine years, whereby he in-
curred a debt of £Bl 18s. The case was proved, and the
prisoner was sent to gaol for one month.
STABBING —Charles Browri, a ferocious looking fellow,
was charged for having stabbed William Davis. The
parties met in a court off Bativre-street, and hal some
quarrel, when the prisoner drew a knife, and stabbed the
complainant in several places, inflicting serious wounds.
The prisoner ivas sent for trial.

CA,ETION TO IDLE BLACKGUARDS.—EIeVaI very athletic
young fellows, ranging from 5 ft. 9 in. to 6 ft. high, and
not having the slightest appearance of want, either from
their personal appearance or apparel, were brought up
by detective officer M Culloch and Inspector Chew, on the
following charge. Previous to the evidence of the case
having been entered on, Major Greig said, he did not
know much of the merits of the case, but he wished to
offer a few remarks. He was not at all apprehensive fir
the peace of the town, because he was amply prepared for
anything that might arise, but it was such fellows as the
prisoners who went about the town endangering the peace.
He wished to call his Worship's attention to the size and
bulk—the length, breadth, and depth of the prisoners.
Such fellows as these went through the upper parts of the
town, when they got the men away, and frightened
women and children out of money, and he wished his
Worship to deal with this case so as to prevent fellows of
their size and bulk from going about the town frightening
the inhabitants, by demanding money under the
plea of distress. Officer M'Culloch then stated that
he watched the prisoners going to several doors in
Upper Panlament-streat, iuuauy anci
Ho watched them to the house of Mr. Duncan Gibb, when
they were joined by others. He asked them what they
wanted, and they said relief, He got assistance and took
them into custody, as their conduct caused much alarm.
In reply to Mr. Mansfield, the prisoners said they heard
that tickets for bread were being given out at every house,
and they only went to get tickets. His Worship said he
was quite aware that there was a good deal of distress at
present in town amongst the poor, but there was every
desire on the part of the upper classes, and others who
could afford it, to relieve that distress. The Vestry had
also come forward in a most creditable way to relieve such
as were in want, but it would be impossible to do so if
disorder or confusion prevailed. If the prisoners were in
want, they had nothing to do but to send word to the
proper authorities, and an inspector would visit them and
have proper relief afforded to them. He regretted very
much to see such persons brought before him ; they
certainly did not at all appear in want, and for all he
knew they were heretofore respectable in their position,
and he was song', therefore, to see them disgrace them-
selves by the co' duct stated. It mattered not whether
persons were in distress or not, the peace of the town
must be most rigidly preserved, and therefore he hoped
!he sentence on these men would prove a warning to
others. He sentenced them to one months' imprisonment
with hard labour.

JO Gatcr against WILLIAM COWELL•—The com-
plainant is a baker in extensive business in Marybons, and
he summoned the defendant, his Journeyman, for leaving
his employment without giving notice. The custom is that
either party must give one week's notice. The defendant,
without any notice whatever, abruptly lefttis employment,
and in consequence, Mr. Grant was put not only to great
inconvenience, but to serious loss, as two batches of bread
were spoiled, in consequence of defendant's absence. Mr.
Cobb appeared for the prosecution, and called witnesses,
who proved the above facts, and the Bench ordered
defendant to be imprisoned, remarking that defendant
deserved a month's imprisonment, but as Mr. Grant did
not press for the full term (three months), he must be com•
mitted for seven days.