The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-27 00:00:00

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came and pushed ms into the wale?. I caught at the bag, and
then saw a lamb's tail hanging out of it. I immediately shouted I
to the men who were with me, who came up. and we took n dead
lamb out of the bag. I asked him where he got the lamb, and he
said he found it dead in that close. We then apprehended him,
land took him to Ilolme. Ati we were going one of the men
shouted and said the lamb had a string round the neck. The on-
' sorter said he had put it bn for the purpose of carrying it by. The
string was not so tight but that I could put my linger under it.
We took the prisoner and the lamb to the constable at Holum. and
on the Monday I went with the prisoner to Newark. As tv' were
passing through this sante close on our way lie pointed out the spot
where lie said he found the lamb ; the grass appeared to be Much
trampled there.
Crou•examined—The bag was such as men carry with them
urban they go to tier, end there were some fish in it, which sp.i
*red to have been lately caught. I did not examine the lamb, to
ate whether it bad the appearance of being strangled. AVe bad !
been to the dance, and had been drinking ale. 11'e were not fresh,
nor beyond our guard, nor were we to:skated. We were quite sober
enough to know what we were doing.
The Constable of llolme deposed, that he took the prisoner and
the lamb to Newark. The prisoner, while in his custody. offered
topsy the value of the lamb, and all the expenses, if they would ;
let him go.
Edward Daniel, the constable of Newark, deposed to receiving
the lamb from the last witness. He took it to Samuel Horsepool,
a botcher, who opened it and skinned it. There were no marks of
violence en. the lamb.
Samuel Horsepool, a butcher, of Newark. proved that he opened
the lamb, and found a string mark round the neck, and the neela
bone broke, and much blood extravaaated. The whole of the
blood was at the neck. He thought that the string was tied to pre-
vent the blood frotn coming down the mouth. If the animal had
died a natural death the blood would have been all over the carcass,
and the inside minified.
Cross-examined—The neck of the lamb might be broke by
being dragged by its hind legs on the ground, anti the blood ;
might perhaps run to the neck ; but he should think it would rot.
This wan the case For the prosecution.
Mr. Willson, an iron-founder, at Newark., said the prisoner lied
been in his employ for six years, and his character was good and
unexceptionable.
The Learned Juoor., in recapitulating the evidence, observed,
that if the sheep had strayed, and the prisoner had killed it. he
would be pithy of what was charged against him in the indict.
meat; but if he found it dead and took it away, then he ought to
hare been indic'ed for stealing mutton, which was larceny only,
and not for stealing a lamb, which wan a capital offence. The
Jury, therefore, would consider this distinction ; if they theinght
the prisoner had rot stolen the lamb but the dead carcass, they
must acquit him: but if they were of opinion that be had killed
the lamb, then the prisoner must be coovieted. It did, however,
appear by the evidente that the prisoner wer.t out for the pro-pose
of fishing, and not with a view of marauding and robbing the far..
mer of his lamb. They would take these -incuinstances into their
tomideration, while they deliberated upon their verdict.
The Jury returned a venlict of Not Guilty of killing the lamb.

TOWN OF NOTTINGHAM.

MONDAY, JCL! 25.
CROWN SIDE.
DefJre Mr. Jumice PARK.

' • • •
and the tearnell jtidge entree' iett him to prepare Cot execution Dm'
Wednesday next.
The prisoner frlaced the newest agork,r of mind during the
whole investigation, and when the instrument with which -he in-
flicted the fatal wound was produced, his affliction became co in-
153PPorlabir as to attract the nonce of the Court, who directed him
Ito be allowed a seat during the remainder or the trial.

Venus Dewey. aged 30. was capitally indicted for the wilful
murder of Maria Austin, by stabbing her in the side. on the 2d
of this month, in the town of Nottingham, of which wound
the died.

Mr. licatitn stated the case for the prosecution, as detailed in
the following evidence
Mary Fallowell examined.-1 boarded with the deceased Maris
Austin, but lodged opposite to her room. On Sarinday night, a
quarter past ten, I went to the house of the deceased. The pr:-
tamer was standing near her room. Ile lodged in the opposite
room, the same landing place communicating with both rooms.
The prisoner followed me into the roost of the deceased, and asked
me what he had said yesterday to her daughter. I told him he had
threatened to strike her. He replied, " I did do so." The de-
ceased then said to the prisoner, " you shall not order my children
about." Ile did not make any reply, but went immediately to his
own room. Ile returned the next moment, went up to the de.
ceased, and smirk her a most violent blow, exclaiming at the time,
" there, then." The prisoner returned again to his room, and laid
something on the table ; after which he came to us again. The
deceased put her hand to her side and groaned, as if' in extreme
pain. I told her daughter Maria to fetch her uncle Envoi. The
deceased said, " No, don't you." I supported her. She was
sitting on a stool when she received the blow. She appeared to he
very taint and exhausted, and her head drooped. When the pri-
soner came into the toom, after striking the deceased, he said
" don't send for any body ; she is a murdered woman." The
room was dark, and I asked the prisoner to get a light. He
answered, "itisof no use, she is a dead woman." He afterwards
got a light, and came up to the deceased. He took her by the
hand, and kissed her on the right cheek, exclaiming in a tremulous
voice, " that will be the last kiss." He immediately burst out of
the room, and ran down stairs. On his way he met her brother
Eneas, who asked him what he had been doing? The prisoner
replied, " nothing," and passed on. I saw no more of him. 1
i sent for the mother-in-law of the deceased. I held the deceased in
my arms, and abotit three quarters of an hour after the blow was
struck she died, while I was supporting her. I did not perceive
any blood until she was undressed, and then I observed that her
clothes were very bloody. I am not aware that any quarrel had
taken place between the deceased and the prisoner. The next
morning I saw two table knives and a butcher's knife upon the
table of the prisoner. I thought that the cuts in the deceased's
dress had been made by the butcher's knife; it fitted the hole in
the apron of the deceased.
eross.examined by Mr. HT LT.—There was neither fire nor candle
in the room. It was nearly dark. When I entered the room the
deceased was sitting on a stool with her head leaning nn a table. I
could not see what she had in heehand. It was early on the fol.
lowing morning that I found the knife on the prisoner's table. The
prisoner did not wish me to fetch any' body to assist. I have
known the prisoner about half a year. Ile was always a peaceable
quiet man.
By the Coy R T—l never sew the husband of the deceased before
the night of the murder. Ile had come from Leicester that very
day. I told him his wife was dead, and he came directly to her.
A dark green curtain was drawn before the window, and the room
was dark.
Samuel Spencer, constable. examined—On Sunday morning, the
3,1 instant, I received this knife from the last witness (a butcher's
knife was produced). He brought it to me out of the prisoner's
room.

The wiliness now produced the dress of the deceased ; the petti-
coat, stays. and apron. all of which had been cut through, and the
cuts of which appeared to correspond with the blade of the knife
produced.
Cross-examined by Mr. ILrL—The window of the room of the
deceased was to the north-east. Any broad Knife would make
similar rents. The cuts in the clothes corresponded to the wound
in the body, in point of locality.
Maria Austin, the daughter of the deceased, about nine years of
age, examined—l remember the prisoner coming into my mother's
room, and threaten to strike my sister. My mother said he had
nothing to do with her children. He then struck my mother tinder
the stomach. 1 saw him strike her. Mary Fallowell told me to
f•tch my uncle Eteas' but my mother desired her not to do so.
1 went after him, and never heard my mother speak any more.
•On her cross-examination she said the room was dark, and the
prisoner stood with his hack towards her.
Ann Whiting. mother-in-law of the deceased, corroborated the
testimony of the first witness.
Joseph White, surgeon. examined—l have seen the body of the
deceased. The wound was under the left breast, just above the
liver. The knife had perforated the liver sonic inches deep. There
was a very great eirosion of blood in the cavity of the abdomen.
Death was occasioned by the wound. The wound perfectly corre-
sponded with the knife produced. The deceased was three months
advanced in pregnancy.
S. Moore, clerk to the Town Clerk of Nottingham, produced
the prisoner's confessitin before the Magistrate. The prisoner ad
mitted he struck the blow, and attributed it to a momentary int
pulse, for which he could assign no reason; no quarrel had-
taken place between hint and the deceased to excite his anger, or
induce him to injure her.
Cross-examined by Mr. HILL—The prisoner when he made the
confession was in a great tremor, and was much agitated. His
lips were pale and feverish, and he seemed overwhelmed with grief.
His whole appearance was of the utmost dejection and wretched-
ness et mind.
begged to 1.1.—" ' ' -
made under -

NURTHERN CIRCUIT.

YORKSHIRE ASSIZES, Yong, JULY a.

ARREST AND FALSE IMPRISONMENT.
DITTCHINSON HAWNSWORTII AND OTHERS.
Tint was an action brought by the plaintiff, a nailer, near Slien
field, against the defendants, who were persons in the tante trade,
for an illzgal arrest and false imprisonment, on the night of theJlith
April last.
Me. D. F. Jojtara opened the pleadings- and Mr. SCCttT.ETT
stated the raw to the Jury, as supported by the following witnesses.
Thomas Redford, examined by Mr. SCARLIETT-1 am a sail_
maker, and know the plaintiff' I was .at Pennistone on the f,th
of April, at a public-house; I saw the plaintiff there, Mr. Bur-
ley, Joseph Dukes. James Ilawksworth, and Ben jsmin Crow.
ley. Witness, Hutchinson, Burley, and Dukes went together;
the others came afterwards. Burley anal Ilawisworth set out to
I go-home first, and the others followed in a few minutes after.
Crossland and Jlittchinson remained at Pennistone. There was
j a tight between Duke!, and Hawkaworth,'but the' plaintiff was
not :then present. They went home after the tight ; this was on
the Wednesday. On the next day George Senior went with wit.
nest to filawksworth't house; lie then heard a noise of tables and
chairs rattling, and also a erv.of " Murder !" Heltriei to get into
j the room, but Hawksworth pulled him back: several persons
forced their way into •.:-e TOOWI, and found the plaintiff struggling
under several persons, and he could plainly hear a shout of
" Murder." Witness wanted to assist the plaintiff: 'seeing him so
I ill treated, but James Ilawktworth would not allow him. The
plaintiff was much injure and wept ; he was handcuffed also;
! for what reason [ can't tell. The son went up to bed. and the
constable was with him. lie was hordeutled to James Gill only
to secure him. Witness was also taken into custody. Wriggles.
worth, the constable, handcuffed the plaintiff He was taken be-
fore a Magistrate at ‘Vortley. Leenard Crossland was there, and
! Shaw and the constable. They said they had nn charge against
1 Hutchinson, but merely warted him to give evidence. Dukes was
tried at the Sessions a: Pontefract, and Hutchinson was not called
as a witness.

Thos. Burley examined by Mr. D. F. JONES—I was at Pen- !
nistone Bridge on the night of the lizh April. I have heard the
las. ttitress, and know that he has spoken the truth. After the
tight they all went across the fields, and called on Joseph Senior.
Ilawksworth made re charge against Hutchinson. Some silver
was said to be lest; we searched fur it, and fotind some near the
hedge over w iiicit we cro-sed Co get into the fields.
George Chat:wick deposed that he was at the house of Hawks-
worth on the night of the 6th of April, when he heard Hawks.
worth any to hint, "Thy nephew has robbed me of 100/. and I'll
hang him for it." The pocket book alleged to have been lost
was now produced. and they then said there was no robbery, and
that all the money was right. The witness corroborated the cal-
dence of Burley as to the arrest of the plaintiff, and added that
10!. were offered as a security against his running away, if they
would take off the handcuffs till morning. Hawksworth and the
constable said they would do so as soon as Crossland left them, bub
. they could not do it before, as he (Crossland) was gettingrather
' fresh, that was to .say. in lionar. He saw Hawksworth after he
came from the Justice. Dulies, lie said, was sent to the House of
Correction. but nothing more was said about the arrest of Hutchin-
son. When the plaintiff was liberated, he complained of being
greatly injured in the body and bisast, and was spitting blood. He
asked the mimes, to bleed him he did so, but very little blood
came -from him, and that was very black ; witness then advised
him to Jen to a doctor. The plaintiff could then earn 1 It. a week,
he could not now, earn more than four.
Cross-examined by Mr. Baottprtaar—The plaintiff's sister has
lived with nie for nearly a dozen years, but I am not married to her.
I did not go to Hawksworth to ask that he would not prosecute
Hutchinson ; nor did he otter hint any mor.ey to forego it, nor any
other person.
Mr. Justice &11-LEV—Why should t!icy when he was die-
charged ?
Mr. BROUGHAM-7.1y Lord, your Lcrasiiip has rot heard a
quartet of the case as ye'.'
Thomas Gill examined—l was at Ilawksworth. and saw Hut.

thinsonTro;ehiin handcuffed, and generally eLrrotioraterthe
former witnesses as to the affray and the ill treatment of the plain.
tiff No charge whatever was :nought by Hawksworth against the
John Ellison, a surgeon. attended the plaintiff, who was very ill,
and laboured under internal diecaae, which might have been
brought nn by external violence.
This closed the case for the plaintiff.
itlr. llitounitast addressed the Jury for the defendants, and
said that lie would call witnesses before them, from whom they.
would hear a very different version of this singular story. The
fact was, that Hutchinson, together with Dukes and Ballard,
and the plaintiff. had been drinking together; he and Hy friends
committed a gross assault upon them, and they, naturally enough,
resented it. One of the defendants had lost his money In ihe
affray, and conceiving that the present plaintiff was the person
who robbed him, gave him in charge to IVriggiesworth the con.
stable, who only handentild him when he saw a determination to
procure his escape. lie hoped the Court and the Jury would
not be impatient of investigation, and proceed to a decision with.
out hearing what the defendants bad to say in jollification of
their conduct. Hawksworth and the plaintiff haff had some
misunderstanding Before the meeting at Browne's puhlic-house in
the month of April, and on that occasion the plaint' and some of
' his friends vowed to takeaway the life of IlawkswortW'The whole
thing was a conspiracy to injure and ruin the defendants, as he
(lir. Brougham) thought lie could he able to satisfy the Jury.
The defendant llawksworth was on his way home to iloyland
Swaine, not far from Pennistone, when he had the misfortune of
meeting the plaintiff and his companions. He was instructed to say,
that every effort had been used by Hutchinson to prevent his being
Prosecuted for the felony, and if he could prove those circum-
stances, be relied with confidence upon a verdict passing for his
abused and ill-treated clients.

..ie un saeb-areuuistanoes ought tioC,fit be recesveu.
The Learned JUnGE said be should leave the Jury to consider
what degree of importance ought to be attached to the confession.
This was the case for the prosecution.
The prisoner was now asked what he had to urge in his defence
He re shed that he was subject to a disorder in his head that fre-
quently deprived him of all control over himself. It had often
led bins to attempt self-destruction, and mice he had nearly ac-
complished It, by throwing himself into the river Trer.t, from which
he was with difficulty rescued.
Mr. HILL. then called the following witnesses on behalf of the
prisoner.
Charles Langford. a druggist, deposed to his having attended the
prisoner some time ago, and found him in a state bordering on a
paralysis, occasioned by his having taken a large quantity of
laudanum, which the witness with dilUculty removed from the
stomach. Witness considered the prisoner subject to melancholy,
to a degree which might render hint oftentimes irrational.
Ann Tapley said she saw the prisoner about four hours before lie
killed the deceased, and lie appeared to be in a very dejected state
of mind.

Benjamin Crossland, examined by Mr. PARKE—I am 3 clo-
thier at Pennistore„ end remember the Light of
.tho 6th April.
I was at Drown's public.hotise, where I raw Dukes, Burley, Bed-
ford, and the plaintiff drinking together. When Hawakwonh
came in they asked him to dnak, and in the course of the even-
ing they said that they would here his life before the night was
over. Dukes swore that he would kill hint, and Hntch!tuton said
he would assist him to his utmost power. Something was said
about their talking all nonsense, arid they again sat down and
drank together for some time. Dukes told Burley to go and see
if Hawlcsworth was at the bar; he did so. and raid he was, but was
ready to go home. Ile went towards him, and was followed by
Hutchinson and others, who mopped at Durge-end, and overtaking
the defendant, asked him to have some drirk, and to stop out all
night. Witness then went home, his home lying about two miles
from that of Hawkaworth.

Cross-examined—fie was subpexted by both sides, and at first
determined to say nothing for either party. He attended at Point.-
fract Sessions, but was hot examined. He never told the plaintiff's
attorney that Hutchinson remained with hint in the tap-room for
half an hour after I)ukes and Bedford went out.

On your oath. Sir, did not you tell the plaintiff's attorney that
he remained with you for three quarters of an hou'r after the others
went away ?—No, sir, but they wanted me to say so. (A laugh, in
which Mr. Brougham joined).
Mr. SCARLETT—You See, gentlemen, that Mr. Brougham
laughs at this.
/11r. IInOUGITAII—WiIr, yes, it is enough to make any one
laugh, to find such little mistakes slipping out of your cross-exa-
mination.

➢lr. ScAn T --You will perceire,Gentlemen of the Jury,that
this is all sc:ing nn the pan of Mr. Brougham.
Mr. !Snot: ti tat--No ; but yon are acting, aye, and acting very
Irregularly too, in addressing die Jury while the defendant's case is
going on.
Mr. ScAntrzr —Well, be it so, let us proceed at all events,
and see if we can't get on in some reasonable way.
- - -

Mary Mamford deposed to the very ill-used state ilt which
Ilawkswortlt appeared when he came home on the night of the lith
April. She went for water to wash his clothes, and when she re.
turned, she saw the plaintiff lying on the Inlig settle. Hawksworth
wan dreadfully abused and cut, and cue of his teeth was knocked
mkt. They all talked of a very hard tight, but 1 could not gat net
arty particulars. They were all 6, fresh."
Mr. Justice BAVI.I7V, in recapitulating the evidence to the
Jury, observed, that at was only in cases of felony that an arrest
could be made without a warrant ; but then he most as soon as
possible bring the person charged before a magistrate. No un- !
necessary delay or force should be used against the accused ;
and here it would be Mr the Jury to my, under all the en.cnms
stances, first, if there wr.s any felony ? and, secondly, if the de.'
lendariv did codling more than was necessary. If there was no
felony, and no unnecessary force, the Jury would say co: and if
they so said, the plaintiff could not have a verdict. Here there
was a good deal of contradictory evidence, which the Learned Judge
pointed out to the Jury with his usual impartiality and ability.
The plaintiff was no doubt very ill used, and there could be as
little doubt that Dukes was one of the parties so misconducting
himself. There was no ground to believe that Hawksworth
went before any Magistrate, or made any charge of felony against;
any person. The cause had already taken up a great portion of
the time of the Court, and he would therefore sum up the principal
points of the evidence as it bore upon the case. Atter enumerating
the evidence, the Learned Judge left the question to the Jury,
who found a verdict for the plaintiff—Damages IN.

The father of the prisoner and several other witnesses spoke to
his_general good character, and to his frequent fits of despondency. The Learned JunuE recapitulated the evidence at great length,
and dwelt upon the absence of any provocation to induce the pri. ,
soner to commit so dreadful a deed. flit Lordship also observed !
1
upon the extreme probability, from the intimacy that existed lie. Sir George Chetwyml, Bart. has intimated his intention
of resigning the chair at the Stafford Sessions. A derma-
twezn him and the deceased, and of her being at the time
pregeant by l:iin. It had been attempted to show that the tion from his brother Magistrates waited upon him, in the
prisoner was insane at the time. This was a plea that hope of inducing the worthy Baronet to withdraw his
notice, but he perseveres in his determination to retire,
had been too frequently urged in cases of this kind, and
as it appealed to the feelings of human nature, it often succeeded
in rues where it was to be feared the even hand of justice called . During the exhibition of the fire-works on Friday even-
for a contrary decision ; but in this instance the whole conduct ing, at Vauxhall Gardens, a part of the combustibles fell
of the prisoner, preyiously and subsequently to the murder, into an old walnut-tree, standing on the premises of the.
which, after smouldering, till tWelve o'clock the text day, at
evinced a sufficient free-agency, end nelf-direction of the falculties, Rev. Francis Moore, the Minister of Vauxhall Chapel,,
of
length broke out. into flames, and the tree, together wit i an
as to preclude the supposition that his actions were not under his.
own command.
The Jury deliberated a abort time,
Guitty. and returned a verdict
adjoining fowl-Louse, pig-sty, and some paling was de-
Sen:ence of Death was Mitualiately rm5....1 upon the prisoaar, stroyed.

This trial occupied th:. Court from ninc iu the morning until
halt-past six in the evening.