Northern Times.
Liverpool, Merseyside, England, 1857-11-30 00:00:00

THE WINTER ASSIZES.

The Winter Assizes fcr the Southern Division of the
County of Lanceshire commenced on Saturday last. His
Lordship, Mr. Justice Wightman, arrived by train at the
Lime-street station, of the London and .North Western
Railway. shortly after four o'clock, where he was met by
the Under-Sheriff, and the usual staff of javelin men, who
at once accompanied him to the lodgings in St. Anne's-
street. In the cow s° of the afternoon, his Lordship
proceeded to the Ass'ze Court, in St. George's HAIL where
the cemmissien was formally opened, and the Court was
adjourned until eleven o'clock this morning, when the
charge to the Grand Jury will be delivered, and the trial
of prisoners will be at once proceeded with. We under-
stand that there arc the names of nearly one hundred
prisoners in the calendar, for various offence; many of
which are of a most serious character.
Yew erday, his Lerd,thip At er:cl(id Divine Service at St
George's Church. He was accompanied by the -Ceder-
Sheriff, the Mayor of Liverpool (J. Helmet, Esq.), the
Town Clerk, and several members of the Corporation. A
very excellent and suitable sermon was preached.

COUNTY MAGISTRATES' COURT.-SAMIDkY.

BEFORIC MESSRS. BENN AND CAMPBELL-
SINGULAR CASE.—Henry Colter was brought up on a
warrant, charged with having deserted his wife. The case
was an a..,journed one, the defendant having, on the first
hearing, pleaded that his wife had been guilty of adultery,
and the case was therefore postponed, to allow him to
produce evidence. Mr. C. bb appeared for the prosecu-
tion, and Mr. Pemberton for the defence. Mr l'embertcn
complained, in the first lactates, that the defendant had
been arrested npon a warrant without any summons,
although he was a respectable roan, in the employment of
the Liverpool Corporation, who had a residence in iver-
pool, and was well known to many members of the Town
Council. The wife s f the defendant, Adelaide Colter. was
in the court, and -was a young and rather good-looking
woman. Mr. Ccbb stated that the defendant had been in
the habit of allowing his wife 5e a week for soma time
after their ceasing to live together, and that he had coma
to visit her several times at places where she was
in service. The first witness celled by Mr. Pemberton
was an elderly woman, named Ann Hale, who stated
that she lived at Aigburth, and that in the summer
of 1854 there came to her hots, e a Mr. Spurr, then of
Williamson-squa. a, and who was related to her by his
former wife. A female was with Mr. Spurr, whom she
identified as the wife of the defendant. Ho took lodgings
for her a smal parlour and bedroom Mrs. Gaiter
remained there about two months, and Mr. Spu'r came out
to her every other night. They always occupied the same
bedroom. In consequence of having heard that Mrs.
Colter was not Mr. Spurr's wife, witness would not allow
her to remain in the house. In answer to Mr. Cobb, the
witness stated that three of Mr. Spurr's children occupied
the lodgings with Mrs. Colter. Mr. Spurr had, to witness's
knowledge, several other children, who lived at his own
house. Mr. Benn (vehemently) : I don't believe one word
of this evidence. How improbable it is that this man should
divide his family. Mr. Pemberton : But this can be cor-
roborated. Mr. Benn : Oh, tut, tut ; I never heard such
evidence ; I don't believe one sentence of it. Mr. Pem-
berton : I must say, and I cannot help saying, that I never
before saw anything so unseemly, coming from a magistrate
on the bench, befo e the case has been heard. Mr.
Benn : Very well, sir, that is your opinion. Mr.
Mr. Pemberton : I have plenty of other evidence, and I
am proud to say that I have the evidence of f 0 professional
man to corroborate it. As to this woman, she will not
only stead uncontradieted, but corroborated. I shall go
on with other evidence. Mr. Cobb : After that intimation
from the Bench ? Mr. Pemberton : Certainly; much the
more strongly because of it. The witness stated. that on
a former occasion an applieetion was made before Mr.
Manefield, when she gave the same evidence. Mr. Mans-
field believed her evidence, and refused to make any order
againat the present defendant Joshua Bally deposed that
knew Mr. Spurr for soma years, and had lodged with bin
for a lorp,. time. In the early part of 1854, Mr. Spurr
lived in Williamson-square, and was a watch-dial plate
maker. He subsequently went to live in Wild-street,
Los don Read. Mrs Colter lived in the house with Mr.
Spurr, from August, 1854, to about November, 1855. She
was there daily. She lived with Mr. Spurr as his wife—
there was no attempt at concealment. All the neighbours
knew it, but they knew that she was not his wife.
!Witness identifies her.] The witness also deposed
that hs had, on more than one occasion, passed
Mr. Spurr's bed-room early in the morning, when
the door was open, and saw that the parties
occupied the same bed. Mr. Samuel J. McGeorge, of
Norton-street, surgeon, deposed that he had been in the
habit of attending Mr. Spurr professionally for several
years. In December, 1854, February, 1855, and May,
1855, attended him in Wild street. The woman now in
court (Mrs. Colter) was then in the house. Witness
elan s supposed her to be Mr. Spurs's second wife, and
always addressed her as Mrs. Spurr in his presence.
When he attended Mr. Spurr, the woman was always in
the bedroom and acting as if she were his wife. Attended
the woman herself also, when she was sick. She was in
bel in the same room and in the same bed as Mr. Spurr
had occupied when he was sick. Mr. Spurr was always
in the room—on one occasion only partly dressed. Mr.
Spurr rent for witness to attend Mrs. Spurr, and the
person witness saw was always the woman now in court.
Mr. Pemberton contended that he had now established
the fact of adultery, although the first witness had been
treated by one gentleman on the bench in what he would
not hesitate to designate a very improper way. Ho had,
however, other evidence if it was thought necessary to go
farther. Mr. Campbell thought it desirable to go on with
further evidence. William Colter, son of the defendant.
youtganan 19 veers ofsge, stated that in July or August, 1853,
before his father parted with his stepmother, Mrs. Colter, his
father was in Bury for a few days. Mrs. Colter was in the
habit of being out two or three nights a week while his
father was from home. Witness often was disturbel at
night by men coming knocking at the door asking for her.
One night, while his sisters were not at home, Mrs. Colter
and her sister came in, and brought a gentleman with
them. They got some drink, which the gentleman sent
for, and witness saw Mrs Colter sitting on the gentleman's
knee. She sent witness to bed. Her sister had always
been in the habit of sleeping with her, but when witness
awoke in the morning he found the sister in his bed. She
told him to get up and go at once to his work. When
going out he looked in at Mrs. Colter's bedroom door, and
saw a gentleman's clothes lying upon a chair. Went to
the door and saw that the gentleman he saw the night
before was in bed with Mrs Colter. To Mr. Cobb : Never
told this to any of the neighbours, or to any one but his
father. Mrs. Colter threatened that she would beat him
if he told his father anything he had seen. His father
parted from Mrs. Colter immedia'ely after that. Mr,
Pemberton said it was then that the defendant was sum-
moned before Mr. Mansfield, who, upon hearing the
evidence, refused to make any order. Mr. Pemberton
then asked that Mrs. (Jolter might be produced as
evidence. Mr. Cobb declined to place Mrs. Colter in the
witness box. This concluded the evidence on the part of
the defendant. Mr Cobb then proceeded to call witnesses
to rebut the defendant's case, and to prove that defendant
hod lived with his wife subsequent to his having charged her
wi.,h adultery. Mary Anne Battey deposed that she was
in the habit of visiting Sirs. Colter a few months ago in
her lodgings, and that she saw the defendant frequently
come visit. her there. Saw defendant give Mrs. Colter
money, and saw him go with her into her bedroom.
Another woman. named Mrs. Higginson, gave similiar
evidence. Anne Wilcox, siater to Mrs. Colter, deposed
that within the last few months she saw defendant
frequently come to visit his wife at the place where she
was lodging, and give her money. On one occasion, going
suddenly into Mrs. Colter's bedroom, the saw that Mr.
Colter, the def ndant, was in bed with her. In rep'y to
Mr. Pemberton, this witness positively denied the statement
of the young man, William Colter. She denied that she
ever passed a night in the defendant's house, or ever saw
any men there in defendant's absence. She stated that
she never went into the boy's bed but once in Mencliester,
several years ago, when ha was a child. The young man,
Colter, was brought forward, and confronted with this wit-
ness. She persevered, however, in a positive denial of the
whole of his statement. George Sloane, an old man, uncle
of Mrs. Colter, deposed that he. several times within the
last few mouths, received from defendant, mousy Rive
to his wife. Mr. Pemberton said, if the law would allow
him to put the defendant into the witness box, he could
prove that there vas not one word of truth in ail these

,vitneFses had sworn. Ro again aomanaea that Mrs.
Colter should be placed in the witness box. M,. Col b
again declined producing Mrs. Colter as evident 3. This
closed the case o n both sides. Mr. Pemberton replied,
declaring the evidence produced for Mrs. Colter, a vile
case of consph.acy. He said he could not help once more
expressing his strong opinion of the manner in which one
of the msg:strates chose to conduct himself, in regard to
the evidence of defendant's first witness—an old lady who
had no object whatever to gain in coining there as a
witness, and who had, like that magistrate himself, those
grey hairs which were usually treated wan somethicg like
respcf. To have made the observations he did, ws, on the
part of that magistrate, unbecoming, as well as indecent,
.
That witness was a person, who, although a
lower class of society, might, as regarded upright-
-11363 of character, be as deserving of respect as the
magistrate himself. Why ' did not the magistrate
attempt to cast upon Mr. Mac George the same stigma ?

Exclusi►ely for CLOTHING BOYS frcra Six to Twenty Years
LEWIS & COXPANY, ttanulaga-stteo

r Why should the poor woman with grey hairs be
denounced by the magistrates on the bench as one not
telling a sentence of truth, when the evidence of
Mr. MacGeerge, the medical practitioner, was
almost the same in words and precisely similar in
,effect.
Mr. Pemberton admitted that his client did, on one occasion,
give his wife a few shillings in the street since the events
described by his witnesses, because he was touched by her
tale of utter starvation, but denied that there was a word
of truth in the evidence given to prove a condonation. Mr.
Cobb replied for the prosecution, declaring the wife to be
au injured woman, and vehemently denouncing the dee
fenclaiet as a vile conspirator and a heartless wretch. Mc.
Benn sai i : We aro agreed as to the main point—that the
adultry has not been proved. With regard to the evidence
of the sen, he appears to have told tio defendant of the
adulterous proceeding, if such there was, before the separa-
tion took place, and before the arrangement was made with
regard to the allovieince of so much per week. Therefore,
if there was any adultery, he had a knowledge of it before
he made any aernugement with her. We cannot see any
reason why an order should not bs made for the allowance
to be continued. Mr. Eaton, the magistrates clerk,
explained that in the present case the magistrates had no
power to make any order for an allowance, it being
a criminal prosecution, in which they had the power of
imprisoning the defendant. Air. Bean said he did not
know before that it was a prosecution of that kind After
acme consultation, Mr. Bann said the magistrates were
somewhat doubtful about inflicting the whole penalty of
three months' imprisonment. Mr. Pemberton : Oh, give
us the whole term. We ask for no favour at your hands.
Mr. Cobb said he must press for the whole term. Mr.
Benn : Both parties, then, appear to wish for the whole
term. Mr. Pemberton : Oh, by all means ;we will appeal
to a higher court. Mr. Benn : Well, then, it must be for
the full term of three months. I understand it to be the
wish of both parties that it should be so. Mr. Eaton
again rose and explained that the magistrates could not
inflict an imprisonment cf three months, only for one
month at the outside. Mr. Pemberton : I only wanted the
worthy magistrate to make the order for three months
This just shows the beauty of having those lay msgistaites
who will make au order for anything. Mr. Bonn : I have
no wish to deprive him of his liberty. Finally, the order
was made for one months' committal. Mr. Pemberton
gave notice of appeal.
The Court then adjourned.

POLICE INTELLIGENCE.-SATURDAY.

LIVERPOOL.

BEFORE MD. MANSFIELD.

ASSAULT.—PoIice-officer 197 charged a well-dressed
elderly man, named William liobinscri, with having as-
saulted him. The prisoner was helplessly drunk in Great
Homer stNet, when the officer took him for safety, but
instead of being thankful, he at once assumed his legs in
more ways than one, for he used them o:. the officer's legs
very severely. The prisoner was fined XZ), or two month,'
imprisonment.

MUSICAL--A well-dressed person, named Mary Dodd
Smithson, who resides in Limekiln.lane, was charged with
having stolen an accordian, value 305., from Mr. W. F.
Archer's music shop, 123 St. James's-street. On Monday
last the article was st.,len and pledged by the prisoner at
Mr. Woods pawn-shop, Whitechapel. On Wednesday
Mr. Woods gat a notice of the article being stolen, and he
sent word to the police. In the meantime the prisoner
called to release the instrument, and Mr. Woods gave her
into custody. The conduct of Mr. Woods was eulogised,
an i the prisoner was sent for trial.

FEMALE GAROTTl.RS—Elizabeth Clarke and Mary John
ston, two well-dressed and wel.looking young women,
not previously known to the police, were brought
up by Police-officer Lynch, 142, charged with
having garotted and robbed Mr. James Poole, of
31, la olney street,"of a gold watch, value £2O. The
complainant said he was a merchant, and came over the
river the previous night, and observed the prisoners on
board the boat. They were going the same way as witness,
and they went along towards Marybone, when they seized
him, and dragged his watch from him. He called for the
police, when Lynch came up, and saw Clarke hand some-
thing to Johnston, and on searching the latter ha found
the watch: upon him. The prisoners were ordered for
trial, and when the depositions were ala,ut being read by
Mr. Garnett (the chief clerk), Mr. Poole was called, when
Officer Lynch said he would not come forward. Mr.
Garnett: Why not? Lynch :He says he is afraid of
exposure. Mr. Garnett : Exposure ! Why the exposure
is made, and he has lodged his depositions. Mr. Poole
then swore to his depositions, and the prisoners were fully
committed.

BREAKING SKULLS.—Two men named Thomas Howley,
(father and son), who reside at 37, Oriel-street, were
charged with having nearly killed a couple of bailiffs.
Charles Keenan, one of the bailiffs, said, himself and his
comrade went to the prisoners' place to execute a warrant
for rent, when the prisoners attacked them, the youngest
striking him on the forehead with a hammer, which laid
his skull open. The eldest did the same to the other man,
who was not able to appear. Two police officers witnessed
part of the transaction. The prisoners were sent for trial.
James Burns, a sailor, was brought up by Superinten-
dent Murphy, of the Sailor's some, charged with having
fraudulently used a certificate of discharge, belonging to
one Patrick Daly, for ihe purpose of obtaining a ship.
The case was fully proved, and the prisoner was sent to
gaol for three months, in default of paying a fine of £2O.
CHARGE OF CONSPIRACY TO DEFRAUD.—James Rus ell,
the keeper of a public•house in Charles-street, and Francis
Kelly, beer house keeper, Hatton garden, were brought up
by detective officers Scott and Laycock, charged with a
conspiracy to defraud Mr. Durroch, surgical instrument
maker, who lives in London, near St. Thomas's Hospital,
Borough, and also several other persons in England,
Ireland, ar.d Scotland. Mr. Aspinall (solicitor) and Mr.
Rely, of the Guardian Society, attended for the prosecution,
and Mr. Bluck was for the prisoners. There are two
other persons in custody, on remand, charged wi'h a like
offence. Mr. Aepinall briefly opened the case, saying he
would only ask for a remand to the day the ether
prisoners stood remanded. It appeared that a large
quantity of surgical instruments had been fraudulently
obtained from Mr. Darroch, of London, and Laycock
searched Russell's house and found fire cases of the
property there, and in he got two more. Both
prisoners told the offier that they got the property from
another man. In reply to Mr. Biuck, the officer said the
prisoners did not say that they got the property as security.
Mr. Aspinall said there were a vast number of cases to
be brought against the prisoner and the other two persons
now in gaol, and as he could not proceed that day, he
would ask for a remand. The prisoners were remanded
accordingly.