The British Press; or, Morning Literary Advertiser.
London, England, 1824-08-20 00:00:00

WESTERN CIRCrIT.

DEVON ASSIZVI,EMTia, AtrovsT It

CROWN COURT.
Ilelbre Mr. Rama Gassowl
•
Joke llmucfcard was indicted for haring stolen a gold watch,
matte 81., on the 17th June, the property of Robert Bowman, of
Filleigh, in this county. The poisoner lied been employed as •
painter nt the house of the prosecutor, which gate him aeons to
the room where the watch was plated. Ile had been using gas
paint. On the frame. of the door, and on the mantle-piece over,
which the praise.), hung, theft were niarka of gas paint, which
led the prosecutor to suspect the prisoner.
The conittable who apprehended the prisoner stated, that when
he was raking him to the Magistrate he said, • this is a-bad job
about the gold -match, but they can't hurt me, as nn one saw me
take the watch, and nothing will betray me bat the d—tl gas'
paint."
The Jury fund the prkenar Gurikg.
Mr. baron Dalt now said that he should not then pass senteree
of death upon the prisoner, to give hint an opportunity of disci e.
log where the ;stolen prnierly was.
TCU TING ANI) MAIMING.
_

Charles Porter was indicted for cutting and maiming Hobert
Baker, of Newton renew, in this county, with intent to kin bhn.
There was another count in the indictment, which charged the'
1 prisoner with cutting and maiming the said Robert Baker, with an
intent to do hint sonic grievous bodily harm.
Mr. C.() tun 'nee ceroluctol the prosecution, and lir. C. F.
WiLLI•SIa appeared for the minim?.
1 Itobert Baker sworn.— lam a private 'in the South Devon Yea-
; nsanry Cavalry, and was on duty with the regiment at Totnee, in
June. I'M the Sd June I was walking in the streets of Tensest I
saw It ynume woman whose bonnet I touched, and said, " My dear
will you like to take a walk with mar She said, "Go along,"
land f Humeri; %hey went along. I walked aboet four Or Eve yards,
and then turned hack to ate for uty romeades, before the girl's door.
I had been walking with two of them before. l was going towards
Mass %ridge. I was two or three gunshots from it. I met my
comrades before I paned the girl a peeped time, and walked on
with thews. The girl said, " Father. tbat is the rogue who stole
my bonnet." I laughed and walks.'. on. Th. :c were several per
source the street. I never new tia prisoner before that evening,
I and it wart rather dark when he tame up to me. Three men fol.
lowed us. Thomas Cooke, the girl's father, came un and collared
tue. :innate:. man was with (Mitts. whom in called Chas. Porter;
the third man I do'ru leans, nor did I hear his name. The nest
1 time I saw Porter w.n yesterday, but 1 knew him again, and bad
knowleitge of him that he was the man I received my hurt from.
I saw him with many others at. the gaol. When this person came
•upeame at Tonnes he said, " Where is the soldier? I will fight
the soldier—l will fight the soldier and no one else." This man
then threw down hie hat, and I threw down my cap. I was •
stranger ar Totem, and was very notch hurried. FAlwards, one of
my 'comrades, said, " Nonsense, yo.l shan't fight." I said I did
!not wish to fight with the man, if he would let me go along in
quiet. I then pest on my cap and went on. The man then tol-
-1 lowed as, and would insist upon fighting with the soldier. Then
Anderson, who was present at the time, said. " My friend, why
domes suffer yourself to be thus put upon e Take your part, and
I will be your second." I then took if my jacket, and the pri.
1 soner and I engaged. IVe fought for several minutes. I received
no body blows, but my hands were so bruised that I thought there
must be 1 stone in Porter's hand, which hurt mine, for my nails ,
were torn ofr. I knncked the roan down several times. After a
few rounds he ran away against a wall, where I pursued bins and
struck him. .dome of my comrades said, he has had
will fight no more. I then went away, and walked abesseir&rr
four hied yards. Then I had two or three rowels misiemilet far
collaring me. Ile then went away, and I saw setae* of bias. 1
then saw Charles Porter coining from the wall, who said. " I will
fight you again." This ward about two minutes after I had left him.
I then went up to him in a fighting attitude, and received a wound
in my temple. I supposed I was meeting Porter's fist, and said,
"My eye is nut." Some persons examined me„ and said my eye
ass to. and I then said, " I will go at the man once more, if m)
eye is in." The bye.standen had enough to do to prevent Porter
coming at me whilst they examined my eye. We then fought again,
and I felt there was no fist striking of me, but that the man was
doing something at my throat, I then tried to throw him, and we
both went down. He fell rather upon me, and I received a hurt
upon my back, which prevented inc from standing again. I thought
it must be a stone; I was sure it was something more than a fist.
I was crippled altogether at that minute. Whilst I was down I
reeeiv.a/ several blows on my hack. Then the prisoner rose up,
and ran away. They then carried me to a surgeon. I have never
been well since the 3d June.
Crate-examined.—l never knew Cooke bawd id not know
that the prisoner was paying his addresaex to girl. I only
f
touched her bonnet for the regard I had for her ' se only a joke,
fur I had never seen her before. 1 In so to any other
maiden that evening. In fire minutes father collared,
merthe prisoner challenged me. When against the wall, I
*
struck him. When he was against the wa I, my comrades cried
out to me, and said he has had enough. On turning round, I fell
upon the father of the girl.
11. M. Anderson confirmed every circumstance to which the pro-
ateutor was examined. The witness resides at Totues, and wail
present during the whole of the affray.
Mr. Richard Wintberiey sworn —1 am a surgeon at Totem, and
was called up in the night of the lel June.to seta man who had
received a bad wound or eat. Ile was sitting on the step of my
door ; he was afterwards brought into my surgery, and I examined
hie wiped'. The first I thecovared.was upon Ma forehead; a age
tend was on the left side of his head, on the temple. It was with
great difficulty I could get him to sit sufficiently upright for to
dress the wounds, from the loss of blood, and the pain lie said be
felt in his hack. I then had his jacket taken oft; and discovered
an extensive wound upon the left sidenf his back, between the sent
tebte and the scapula. The nature of it dearly proved to the that
It was a stab ; it penetrated into the thorax. Another wound I,
found between the bth and 6th ribs, penctrining the pleura and
lungs. I have no doubt the wounds were inflicted by some sharp-
instrument. The last wound might undoubtedly have caused
ensile. (Jo the right aide of the back I found another wound.
which was stopped be the blade-bone, and (lid not penetrate far. I
sent for the surgeon of the regiment, who came down, and I sheered
him one of the wounds. After the regimental surgeon had seen the
wounded man, he was scut to his quarters. 1 only saw him occa-
sionally after, because lie was under the care of the regimental sur-
geon. The instrument that penetrated the thorax must bare gone
in an inch and a half or two inches.
Win. Pinson...-4 am a constable at Tomes, and apprehended the
prisoner at his lodgings early in the morning of the /th or Junta
I found a knife in his jacket pocket, which was bloody. I asked
the prisoner if it was his knife ? lie said it was. He said no snore,
and I took possession of it.
The instrument was then produced--It was at law clasp knife.
Mr. il'imbei ley recalled.—This knife would produce the wounds
I dressed on the person of Baker.
I'lle case for the prosecution being entcluded,the prisoner put in
a written defence, which stated that Baker had struck him when hp .
*as down, and en that account be bad pulled out the knife in self. '
defence, which he bad most imprudently used. He was very happy '
that the prosecutor had not lost his life. He trusted that the Jury
would consider the irritation of his mind at the time be committed
the rash act, and with that remark he would throw hutted/wpm the
mercy of the Court and Jury. ..
Several witnesses apo' e to the prisoner's excellent character. •
Mr. Baron Gattaow recapitulated the whole of the evidence to
the Jury, and observed to them. the: the point of laWinvolved in
this case was probably ea well understood by the Jury as birestif.
If two men fought together with their fists, or sticks, and one of
them was so unfortunate as to kill thr other,thatotpuhl otglllte cOn-
sidered manelaughter, because there was nothing unfair in the nea-
test : but where two men turn out to light together with thcir flits,
and one of them concealed a sharp imdruntent which in the enurse
of the battle he used against his antagonist, that, he had no het:ea-I
non in saying, on his authority as a Judge, was to all intents and
purposes murder.
The Jury consulted for a few minutes, and returned a verdict of
of Guilty against the prisoner, but recommended him to mercy on
account of the character he had received, and on account of the
irritation of mind he must necessarily have been in at the time of
his drawing.
Colonel Farrell, who commanded the South Devon yeomanry,
Mr. Wiutherley, on the part of the inhabitants of 'Penes, and the
prosecutor, joined the Jury in their recommendation Of the prisoner
to the mercy of the Crown.
The Learned Js DOE said, that however indisposed lie was to for-
ward recommendations of mercy to the Crown in cases of this de.
scription, he felt that the appeal was irresistible. He should take
an early opportunity of minas for the clemency of the Sovereign to
be extended towards the prisoner ; and atter incoming him that
sentence cir'death must be recorded whist him, his Lordship
• ordered him to be removed from the dock.
The trial of PortiV'excited very interest. The Court was
excessively crowded, and many
enof rank in the county
' were present.
ClVlLinetib.
Defbre the bOOD CIITET"JUSTIT L.
Ilene v. pelmets (efetts.)
Mr. Bey t. w opened the pleadings in this care, and informed the
Jury that this action had been brought by his client against the
defendant, to recover compensation in damages for the injury Inc
had sustained in coesequence of Slr. Peering having published a
false, scandalous, nielicious and defamatory libel against him,
with intent to injure him in his professional business as a Proctor.
The defendant had pleaded not guilty.
Mr. Sergeant W'ILDE said, that in this case he appeared for a
gentleman who was very unwilling to come into a Court of Justice
in the character of a plaintiff: )Its client, 111 r. IV. Kemp, was a
man of high respectability, who had practised as a Proctor in this
city for many years; and he had only one objeft in bringieg elm
action, which was to show that he had conducted !dimwit' with
fidelity and competent skill, in the exercise of an honourable pro-
fession. The libel complained of was contained in a letter written
by the defendant respecting the conduct of the plaintiff in a suit i
carried on in the erclestamc.d Cent: of this diocese, in a hich it was
imputed to blelienip, that he had not conducted himself with that
skill that the defendant had a right to expect from a person under-
taking so important a cause. He had said that hie client appeared
as • plaintiff' in that Court with reluctance, but his object for
placing himself in that character was, that a charge, which of
necessity must have weight from the rank and respectability of the
party making it, might he openly and fairly made, or as openly
and fairly diteavowed. If his Learned Brother (Mr. Sergeant pen)
WAS instructed to render full justice to Alt. Kemp, by &eta, ing •
that there was no foundation fir the charge of iocompetency made
against him, he (Sergeant Wilde) was instructed to state that the
plaintiff would be mantled with such a declaration.
Mr. Sergeant Pe LL said it gave him pleasure to state on the part
of the defendant the concession required by his Learned Brother.
His client felt himself bound as a clergyman and • gentleman to
make the earliest reparation to any out he might hoe it jarred.