The British Press; or, Morning Literary Advertiser.
London, England, 1825-03-17 00:00:00

HOME CIRCUIT.

SURREY ASSIZES, linens Tore, Maacu
(Refore the Loin CHIEF BA tom.)
M. N. CANFER V. WILLIAM NENRICE.. ESQ.
this was an action of assault and false imprisonment.
Mr. THESRIGER opened the pleadings. •
The declaration stated that the defendant made an assault terl/1/
the plaintiff; and detained him in prison without any re •o
probable cause, and violently and outrageously seized sr. sesreinds
and took from hit person a letter and a fleece belonging to hint.
To this declanitioh the defendant pleaded Not (lathy, cui withal
issue was joined.
r. AlSkit74TT wail fimmeiling to open the cue, whin
Air. GURNEY interposed, and co.nmanicated with him priestely
on behalf of the defendant.
Mr. 31 expressed his regret that the esextmetaication
had not been made earlier.
The Counsel on both sides then had a cdrfercnce of considerable
length, which ended i 5
511% MARRYATT addreasing the Jury, and expressing hie regret
that what he was row about to mention had not been previously
arranged before the pleadings in this cause were opened: Ile wac
glad that some communication had taken place between the parties..
Mr. Kenrick was a gentleman he hail long known and respected.
It appeared that Mr. Kenriek had committed a mistake ; he hail
wit any materlal intention to commit A wrong. There had been al
offer on his part to pay the plaintiff a stun alit and HMS, witts
which the plaintiff was contented.
Mr. GURNEY assented on behalf of the defendant.
A verdict was then entered for the plaintiff ter 51. the defendant
undertaking to pay all the Plaintiff's costs. •

CLTFORb CIRCUIT'.

STAFFORDSHIRE ASSlZES—Srerroen, 11.anit; 16. •
Bent Mr. Justice Lt T T EDALE.
MURDER.
The Anxiety to hear this ease, and crowded state bf the avenues
leading to the Court at ao early hour in the morning, reminded as .1
good oral of the trial of Foote v. Hayne, and about ten minutes
before the Learned Judge entered the Court, the door of the gallery.
being opened rather suddenly, II rush took place, and a man fell
ova the front of the gallery into the body of the Cetus. We are
happy to say that he was not seriously hurt.
A little after nine o'clock Thomas Powell, 1 men having the el" •
pearance of a farmer, of about forty years of age, was placed at the
bar, charged with the wilful murder of Anne Spencer. He was
first arraigned for the murder, and as soon as he had pleaded to
that indlctment he was arraigned on two different charges of house-
breaking.
The prisoner said, that Me. Jones, his attorney, hid ptepued
brief fur Counsel.
The Learned Judge then directed Mr. Jones to be alled, who
stated, that he had prepared a brief for Counsel, but that the
prisoner war unable to give the necessary fee.
The Learned Jude—Prisoner, do you wish under the circum-
stances of the case that Counsel should be assigned .40 you by the
Court !
The prisaner I f oury Lordship ileum
The Leatped Judge—Whom do you wish the Court to assign
You as your Counsel ?
The prisoner—I don't know any of the gentlemen, my Lard.
The prisoner then consulted his Attorney, and named Mr. Tal-
' fourd, to whom the Inter was then handed by Mr. Jones.
Mr. RUSSELL albeit, that it was his duty to lay before them the
facts on which they were to consider whether the prisoner bad corn-
initial the offence which was laid to his charge. In the month of
December last lived an aged couple, at a cottage On the road lead-
ing from Wolverhampton to Cannock. They had been mart-feu
nearly half a century, and on the 224 of December the man, whose
name was Spencer, had gone out to his daily labour, and his wile
was staying at home to ettend to her household affirm; and he
should prove, that at about half-past twelve on that day the d.-
ceased, who was the wife of that man, went to the coitege of a
neighbour, and was there in good health; and at so early a period
as half past two on the same day, it would be proved that the de-
ceased was most inhumanly murdered. The probability was, that
during her absence some person ne persons had broken into the
cottage, and that the unfortunate Woman coming home, the robbers,.
to prevent her making any alarm, had murdered her. The teas
to connect the prisoner with the creel deed were these t-... 140 early as
three o'clock the prisoner was seen not very far from the cottage.
walking with a man who had a bundle in his hand, and at four
o'clock the prisoner was found at a pawnbroker's shop pawning
some of the wearing apparel which was stolen from the cottage
at the time this murder was committed. During that evening, too,
he would be found at different houses of ill-fame; and it would be
shown that the prisoner had blood on his hands. The prisoner was
apprehended two days after by a constable named Diggory, and his
conduct on that occasion was material, for he gave several accounts
contradictory to each other and to the truth. The prisoner at Sept
denied that he had pawned the poor woman's clothes, but he after-
wards admitted that h e had pawned them, and that they were givers
to him by a man named Edwards. The prisoner also stated that
at the time of the murder he was at the Three Crowns public-house ;
bootee', witnesses were ill attendance who would prove that to be
untrtte, as the prisoner was not there at any time between the burs •
of twelve and four o'clock on the day on which this dreadful mur-
der was committed.
Edward Spencer, a very old man, the husband of the deceased,
was the first witness called. As soon as the old man had got into
the witneonbox, the prisoner, who had preriouely been looking that
way, instantly turned his head round and continued to look the
other way during the whole time that the old man was under ex-
amination. The witness stated—l lived at a house called the Cross-
house, which is on the road side leading from ‘Volverhanipton to
Cannock, and about four miles front the former place. A person
named Spicer lives a hundred and fifty yards from our house. My
wife's name was Anne Spencer. I remember that on the morning
of the 22d of December I left my cottage at nine o'clock, leaving
my wife at home. Nobody lived with us. When I went out my
wife was in perfect health. I went to work on the road, and I saw
John Beach coming in a direction towards my house. I sent soma
malt by him to my house. That was at about two o'clock, and in
an hour and a half I returned home, bring sent for from my work.
On my arrival at home I found about a dozen people in my house,
and my wife dead. Ha head was beaten to pieta. I had ..potato-
fork in my house; it stood in a little shop ; and on my return home
I found the fork in the house. I had also a hammer to break coals,
which was kept against the fire-place. I was in a dreadful state of
agitation, and did not examine much about the house but on the
next morning I missed a variety of articles of wearing apparel,
among Others a black suit of man's clothes, and two women's
shawls. I looked at a chest in the kitchen, and from that I missed
these articles. I also examined the box in which the linen was
kept, as I believe, for I am not sure of the place where my wife
kept my linen. However, the articles missed were certainly no-
where in the cottage. I saw the clothes next at Mr. :iloore's, the
pawnbroker, at W olverhampton.
Cross-examined by Mr. TALITOCRD—Those were my beat
clothes; I did nut wear them every day. It was the Wednesday
before Christmas-day. I had worn tile clothes about a fortnight
before. My house is by the side of the road, and my wife and I
were often front home. She used sometimes to go and smoke a
pipe with some of her neighbours. There are two lanes near ms' _
house. The cottages in the neighbourhood of Wolverhampton are
very liable to robbery. I had myself been robbed before.
Re-examined—Though I did not keep the linen I knew it well
when I saw it. It would have taken Beech half an hour to get to
my house.
By the Learned J uncE—l had not seen the clothes since I had
them on.
Mary Spicer said, I live tear Spencer's cottage; on the ll'ednes-
day befote Chriatmas.day. she came at about two o'clock to my
cottage fora jug of water ; I asked her to take some tobacco, and sh•
smoked part of a pipe ; after a little while, she said she had a cake
over the fire which would spoil, and she went away: and I not _vary
long after saw John Beach rooming towards me, and we went to-
salver to Spencer's cottage; the first thing I saw was a mark of
blood on the floor, which had been wiped ; I then proceeded up
stairs and saw streaks of blood along the staircase wall ; and when,
I get near the top of the stairs I saw the deceased lying at length
on the floor; not being sure that she was dead, I turned up her
face and found that she was quite dead; there wee a great wound
behind her right car, and a bruise on her check and forehead ;
went down stairs and found the potato-fork, whi:h was set again,;
the back of a chair, and there was a hammer on the floor; the kay
was in the lock on the outside of the door, but the staple was forced
off; the door had been broken open by the potato-fork, as the
marks in the door fitted it ; I examined the chest and found no.
thing in it, except • het; I sent for assistance, and Mr. William
Jonas came.
Croes-exantined—The deceased often came to my house.
By the Learned Jtinox—l did not many marks of blood about •
the hammer or the potatoe-fork.
William Jones said, I live at Essington, 4 or C.OO yards from
the cottage ; I went to Spencer's cottage ; I got there at a quart.:
past three ; I saw the potato-fork and the hammer I did not g..)
up stairs; there was • pot on the fire with a cake In it ; there were
marks on the door which corresponded with the potato-fork ; the
door had been forced in my judgment by means of the potato-fork ;
I saw the body.
John Reach said, I am • labourer in the employ of Col. Draken,
I had tome front Wolverhampton in a light matket cart ; I passed
the old man who was at work, and he gave me a peck of malt to
carry to hie cottage. When I got to the cottage I stopped my cart
and called to the deceasei, but she not answering I sent my sas ar
the house • he opened the for and went in ; he said no one was
there, and tie could make nobody hear. i then told him to take
the malt into the house, which be did, and I then olettervcd Ilia
key on the outside of the door, sad I told him to take cafe seine
horse, and I went into the house lied begins to suspect something
wrong, and I *solved to go up stains, where I saw the hody•lateo
nn the floor; I touched her hand and Wand her quite dead, but th,
bflidy was still warm t I then went to flitch Mary Spicer.
iny eon to keep watch. Mary Spicer and I returned together to the
house-
Charles Beach, ibn of the last witness, was nest called ; he
to the
etweottago 111.!.
stated no new fact.
John Stubbs said, my father la a farmer at Shear's Mil; I at.
tended Wolverhampton market on the day in question, and was
hTailheay bundle leader his right arm ; I did tot thwo know either or
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