The British Press; or, Morning Literary Advertiser.
London, England, 1822-08-20 00:00:00

LONDONDERRY ASSIZES.

bar Assizes commenced here on Wednesday last,
'bffore•thellon. Justice Johnston and the Hon. jus-
tice Fletcher. The former presided In the Crown
Court, the letter in the Record Court. .

It is a glorifying circumstance, that while the pa.
nalties of the grossly insulted laws are falling with
tremendous severity on the heads of numbers of un•
fortunate beings in other parts of the kingdom, whose
depravity urged them to the perpetration of crimes
of the deepest die, there was not a single capital
conviction here—a pleasing proof of the compara-
tively peaceable state of our county, and of the ad.
vantages which secrue from superior civilization.—
(Derry Journal. j

COUNTY OF DOWN ASSIZES, Austin S.

SEDUCTION.

THOMAS DALY V. alitolol MEMILY SCHUTT.
This we an action brought by Plaintiff against
Defendant, for seduction of Plaintiff's daughter by
Defendant, and compentation fur los. of service.,
befo►e Ba►on M'CLELLAWD.

Mr. Home es opened the case, and stated the na-
tore of the action to the Jury, and continued his
statement to the following effect Here is my
client, the unfortunate Plaintiff, and there is the
Defendant before you ; the Plaintiff resides in Kit.
lough, and deals in carrying linen from this country
to England ; he lost his wife iu 1815, and she left
him with six surviving children, three girls and
three boys. The witness, who will be produced to
you, is the eldest of the girls, end ■t the time of
the seduction she was not 17 years of age. The Plain-
tiff. in the course of his business, left Killough in
February last, and was absent from that to the 31st
March, and oo his return home learned, to his great
grief, that the Defendant had, daring his absence,
accomplished the ruin of his eldest daughter ; he
(the Defending had managed to get introduced to
her, and frequently paid attention to her, while she
had the care of her brothers and sisters. His fre-
quently passing her father's house attracted her
attention, and she was, after some time, induced to
go out to walk with him. Upon the 23d of March
last he got her into leis house, when there was no
other person in it ; he gave her punch, which lie
had previously prepared for the occasion, and of
which she took only a small wine glass full,
and he artery/reds gave her lozenges similarly pre-
pared. She was induced to stay until what he had
given her produced its effect ; she was first seised
with trembling and shivering, and afterwards with
stupefaction. Counsel here observed, that he was
instructed to state, what he was sorry for, but that
there was no doubt some deleterious mixture had
been put in the punch, and also in the lozenges
which he gave her after she had taken the punch.
When the Defendant had reduced the unfortunate
victim to this stele of stupefaction, he partly forced
her up stairs, under the pretence that she should
have a bed-chamber to herself, and forced himself
in along with her, and effected his purpose. Coun-
sel here commented ly on the manner in
which Defendant had accomplished the ruin of the
Plaintiff. Mr. Holmes again referred to his instruc-
Cons, and stated, that the Defendant had been a
Lieutenant in the British navy, and was at present an
officer of the water-guard ; but, observed the Learned
Gentleman. the meritorious and honourable cha-
racter of a British seaman is soot to be discerned
by giving drugs to an unfortunate girl to effect her
ruin. 1 cannot bring myself to suppose or believe
that he ever was on officer in that respectable ser-
vice, but was one of those amphibious chsructers
which by some accident are occasionally obtruded
upon our naval and military departments. In toe
evening, when her aunt, Mrs. Greensn, went to
look for her, Defendant said, upon his honour she
was not there ; and when site went back again a se-
cond time he threatened her with • pistol ; when
she told her Husband of her suspicions, and wished
to raise the neighbourhood, be told her it would be
wrong to do so upon suspicion, but he would go
himself and ascertain whether she was there or not.
It had been intimated to Counsel that the defence
to be set up was to prove she was equally willing to
be seduced, as lie was to be the seducer ; but it
would be proved to them in evidence that she has
never allowed him again to come into her company,
though he often attempted it ; sod when he could
not succeed lie endeavoured to defame her charac-
ter, and publicly stated that she had behaved im-
prope►ly previous t• her connexion with him. She
was of irreproachable character and conduct for-
merly, sod if he can skew that she was of that loose
character he bad stated, I challenge him to prove
it. if she is proved to be so, treat her as such;
but if site has not been so, I cull upon you as melt,
as fathers, and as brothers, to give the only com-
pensation now in your power to her injured parent ;
and if the Defendant can clear himself of what I
have been compelled to accuse him, in the execu-
tion of my duty, in God's name let him do so."
Catharine Daly examined—Was 17 years old in
April last ; her mother died about eight years
'ego ; has two sisters and three brothers ; one of the
brothers ie older than witness ; her father resides
in Killough, he is * linen merchant. and exports
linen and other articles to England ; witness ma-
nages the family; knows a person of the name of
Serrutt, he has not been long in Killough, only
about a year and • half ; he is an officer io the
water-guard ; met him first on the 19th March ;
witness's father was then in England on business ;
met him between six sod seven in the evening, as
witness wus coming from her uncle's; he said it
was a cold evening for walking, aud asked witness
if she often walked in the evening; she said she did
not ; he then asked witness if she would walk out
after • little ; witness made no reply ; she was after-
wards in his company, and had seen him repeatedly
passing by her father's door and windows; received
a nicrsrge from him, aud met him on the 23d March,

'Do a Saturday !vetting ; remained with hint aboot
half an hour in the street, walking backwards and
forwards,
&boot 'seven o'clock in the evening; he
told witness that for four months he had been wait.
ing for an opportunity to speak to her, and had
often written letters to her, but could not get them
conveyed, and wanted witness to go with him on the
following evening to his 'house, and told her he
loved her ; met him at his relined in the street. and
he prevailed upon witness to go to his house ; they
went to the house 'between seven andlight o'clock,
no other person was in the house to witness's know-
ledge; he introduced putchs turd insisted on wit.
ness's taking some; she took a Ismail wine glass
full ; he pot a glass to his lip's, and when witness
re-
fused to take any more, he threw it in the Bre, and
said no person should make punch for him for the
(store; he slid not drink any punch to Witness's
knowledte; he then offered witness lotenges, and
she took some; continued a good while together;
she ate some of the lozenges; and Defendant ask-
ed witness if she had any objections to become
Mrs. Serratt ; witness made no reply, hut remained
with him till nevi twelve o'clock, when he
laid violent hands upon witness, and she im-
plored him to desist, and he did so ; witness felt a
trembling all over, and was in a state of stupefac-
tion ; he asked her several times logo up stairs, and
she would not; at length he forced her up into •
bed-room, and ben to undress her ; witness re-
sisted, and he said she was in his power. and need
make no resistance ; he said he would give witness a
room to herself, hot did not; he then forced her to
go to bed, and lay in bed with her all night.
[Here witness was touch affected.l—lt was about
eleven or twelve o'clock the 'wet day when witness
left the house; recollects her aunt Greenan coming
to the house, but did not see her; heard her voice;
it was shout eleven o'clock ; there was no person
with her; was locked in the bed-chrnaber by
Mr. Serratt ; heard her inquire for witness, and
she said she came for her; he said witness was not
there; Mr. Serratt went with witness to the far.
mer's house, where she staid till she was sent for
home; heard no other person inquire for her;
never met Mr. Serratt since; he made several at-
tempts to see witness since.
. . .

Cross-easnained.—Mr. Serratt had been at Kil-
lough some months before witness saw him ; wit-
ness's father went away early in February, and this
did not take place till pretty late io March; he
never accosted witness before; he could not have
spoken to witness before; witness was several limes
in the street, but was not out in the street from gist
Feb. to the lath March; was not ill, but never was
in the practice of going out ; her uncle was ill, and
she went to see him ; and Defendant met her re-
turning Initne; met him afterwards when she was
not seeing her uncle, met him twice by herself;
sent Bernard Sloan, her cousin, on a Sunday even-
ing, a message to him ; met Mr. Serratt in the gar-
den, he came there; he was in Mr. Hogers's garden,
and witness was to speak to him there, out of her
father's garden ; met him between siz and seven
o'clock and staid about five minutes ; the servant
maid interrupted them ; appointed to meet him in
the street about half an hour afterwards ; went down
towards the church; it was not very far; was pretty
near the bat.er7 ; was there about half an hour, and
walked ba k again together; it was middling dark,
parted in the street ; appointed to meet him the
next evening in the street, ut the hour of seven
o'clock ; knew where his house was well ; was there
before Mr. Serratt; sent Sloan again on the Sun-
day evening fur him ; Sloan told witness that MG
Serratt was in Paddy Hogan's drinking, and wit.
nese bid him tell Mr. Serratt that witness wanted
to know what he had to say to her ; he came from
Hogan'e, and witness met him in the Street, and he
prevailed on witness to go to his house ; they did
not go together ; he met witness at the salt-pans,
and conducted her to his house; Sloan saw wit-
ness at the salt-pans; does not know how long wit-
ness was at the salt-pans before Mr. Serratt came,
parted at the salt-pans and met at the church ; went
to his house but not with her wishes ; it was getting
dark ; his house is in the town ; he said nothing
particular to witness ; it was between seven and
eight o'clock ; was not eight o'clock ; he pushed
witness in ; she did not cry out ; don't know how long
she remained ; wanted to go away several times before
1g o'clock ; was not 10 minutes in the house till the
punch was introduced ; took about half a dozen of
the lozenges; he gate witness lozenges at the salt
pans also; witness was not hoarse; don't know
how long she was in the parlour; recollects what
happened very well ; heard nobody at the door that
night; he forced witness up stairs; the room is in
front of the house; witness was surprised to find a
bed in the room; don't recollect perfectly ; was
forced into the bed; was forced to lie there all
night ; don't know whether lie got up or not; never
told him to go down and bring up her shawl and
bonnet, for fear the Servants should see them ; was
not lung up before her aunt came; was not down
stairs; she got into the house and asked fur
winless; he went to the door and answered her ;
don't know what he said; did not cry out to her
aunt, was afraid to do so at the time ; he did not
dress witness as well as undress her ; believes there
were windows in the, room ; remained about an
hour after her aunt went away ; when Mr. Serratt
went out he locked witness in ; did not go down
stain to let him in ; did not open the windows and
cry out : did not take ally breakfast ; witness's un-
cle came there about half an hour after her aunt,
Mr. Serratt had her in the pantry, and .hewed her
uncle through the house ; she did not call out then,
either, or when her ruin was wrought ; there was
no use in it ; Mr. Serratt did not go all the way to
the farmer's house; her uncle afterwards came there
for her ; about three or four days afterwards, wit-
ness's father came borne; he never punished her
ratter he came home, nor her aunt or uncle ; knows
Patrick Russell ; never was well acquainted with
him, nor ever met him. To a goestir.:l from the
Court, she answered. that nn improper familiarity
passed between witness and Detendalit at the bat-
tery ; it is • public walk ; on she evening before,
he had a letter in his hand when he passed witness's
father's house; he did persuade witnesss that he
loved her.—Case closed.

Mr. Scam's addressed the Jury for the Defen-
dant, in a speech of upwards of an hour, hut of
which oar limits will ouly permit the following out.
line:—That of •II cares that can cotne,before a
Court or Jury, cases of *eduction require to be
most minutely examined. He had no iu►uuctions to
throw any obloquy on this unfortunate ;pi-I'a charm