The British Press; or, Morning Literary Advertiser.
London, England, 1825-03-07 00:00:00

THE BRITISH PRESS.

OXFORD CIRCUIT.
OXFORD ASSIZES, Mance 4.
CROWN SIDE.
Debt', Mr. Bfffoll °ARROW.
CHARGE OF MURDER.
Mary Tubby, aged 24, was indicted for the wilful murder abet
male bastard child.
Caoes =ducted the prosecution—Mr. Russet the
defence.
Sir. James Smith said, I am a surgeon, practising at Wheatley.
The prisoner lived in my house as &servant. I suspected that she
was in a state of pregnancy. and charged her with it; she denied
it. I gave her notice to quit my service on the 15th of September.
On the 11th of that mouth she looked very pale, and some other
circumstances confirming my suspicion I sent to a constable, who
searched her boxes.
William Williams said. I am a constable ; I searched a box at
the house of the prisoner's father.
Hannah Tubby, mother of the prisoner, stated, that the box
searched was the prisoner's.
William Williams being recalled, raid, I found In the box I
searched some child', clothes, and the body of a child. I took the
body to Mr. Hitchins.
Margaret Horn, another servant of Mr. Smith, only spoke to the
prisoner's complaining of illness about the 11th of September.
Mr. George Hitcluna said, I am a surgeon in Oxford. I ex-
emitted the body of the child ; it was perfect, and of full growth ;
there were slight discolourations about the head and neck. The
lungs were tilled with air, and floated In water. There was a frac-
ture Of the skull of about the size of a shilling, that would cause
death ; but what caused that fracture I cannot tell.
' Mr. Baron Osaitow--There can be no use in going further
with this case; for even if this child was born alive there is not the
slightest evidence that it met Its death through violence inflicted on
It by its mother. His Lordship then directed the Jury to acquit
the prisoner of the murder, and to donsider whether she bad been
guilty of concealing the birth of the child.
The Jury found her Not Guilty of the murder, but Guilty of
the concealment.
Sentence—One month's Imprisonment.
The prisoner wu an extremely respectably-looking young
woman.

James Iveykqr, a young man of very gentlemanlike appearance,
a traveller to a way respectable house in }Clogs tea, Chapala',
was indicted for a violent assault upon Elizabeth Wilder.
Mr. flutistt stated the case, and called,
Elisabeth Wilder, a very pretty black.eyed girl, aged about 22,
who said—l had lived as • servant with Mr. Seckharn, a livery-
stable-keeper at Oxford. I had left his service in the evening in
question. As I was walking along the road, towards Dorchester,
I was overtaken by the defendant, who wu in his gig. He
asked me to ride with him, which I refused ; however, he turned
his horse* head across my path, and caught hold of my hand,
and got me into the gig. partly by force and partly by permission.
Ile held my bundle in one hand. lie said several things which I
disliked. He askel if I were married, or should like to be
married.

[The witness was very reluctant in telling her story.l
Examination resumed—lle threw my shawl over my face. I
asked him to let me get out of the gig. lout he would not: he held
me there, threw me across the gig, and behaved very improperly.
[The witness detailed the circumstances of the assault] I tried
to get out of the gig, but I could not, a' he held me by the legs
and arms ; but when the gig had proceeded about half a mile I
succeeded in jumping out, and he drove away. He had thrown
me across the gig, and my head touched one of the wheels.
When I had got out of the gig. I went on towards Dorchester,
and went to the house of Mrs. Butcher. I complained to her of
what had happened, and then vont home to my father's house in
Dorchester: I met my father before I got home. Mr. Bowring, a
medical gentleman, was sent for to attend me ; and the same night
my father and I went to Wallingford, which is four miles from
Dorchester. I there saw the defendant at the Lamb Inn. lam
sure the defendant is the man.
Cross-examined by Mr. JERVIS—I had lived a month with Mr.
Seekham. I had before that lived in Essex, with Mr. Letts. He
is a squire. I left Mr. Seekham's between four and five o'clock.
It was flee before I passed the turnpike. I had a bundle and a
bonnet box. The defendant overtook me about three quarters of a
mile from Dorchester. on the road from London to Oxford. It
was good daylight. The road is rather wide. There are hedges
on each aide of the road. He asked me three times to get into the
gig, and I refused. He turned his horse's head across my path,
and caught hold of me. I tried to get away from him as much as
I could. I could not get over the hedge, it was too high. I cried
out. I begged of him to let me alone, and screamed out. He
pulled me into the gig. If I had not putony foot on the step I
should have been under the wheel. The horse went on. I sat on
the seat of the gig. My hat-box and bundle were in the bottom of
the gig. I was much hurt; my head was bruised by the gig
wheel, but I did not show it to the surgeon. My bonnet was
broken. The gig was going on, and the horse trotting during the
whole time of the outrage. I went before the Magistrate, and told
him the same as I now tell. I never told Mr. Hedges that my
head was thrown over the splash board that I remember. After I
had got out of the gig he gave me my bundle and box. Ile begged
of me not to say anything about It ; and I said I would tell it at
the first house I came to. I know Mr. Hedges' meld-servant. I
don't remember that she said 1 was wrong to get into the prisoner's
gig. I never told Mazy Hosier that the prisoner had offered me his
purse, and I was sorry I had not taken it ; but he offered me any
thing I liked to make it up.
Jonathan Wallace said—l am a farmer, living at Burcot. That
is near Dorchester. I was in one of my fields, near the London
road, about eight o'clock in the evening. I observed a woman in
the road. I was about a furlong off. I saw • man in a gig over.
take the woman. I went into a gravel pit. anti could not see them.
I was in the gravel pit three or four minutes, and on coming out 1
saw the gig going along the road. A man and a woman were then in
the gig. I observed nothing particular about the gig. The woman
continued in it three or four minutes, and when she got out she
must hsve been near a quarter of a mile off. I heard a scream be.
fore she jumped out. The man and woman were sitting side by
side in the gig. When the woman jumped out the man in the
gig drove away at a smart pace.
Cross-examined by Mr. Ctrnwooti.—l could not see whether the
horse was restive, but it looked like it ; and then it was I heard the
scream : but I heard no scream before ; this it the main road from
Oxford to London ; the hedges are low, and in some places there
are no hedges at all. When she got into the gig I was in the gravel
pit ; I did not hear screams while I was in the pit. If she had
given a good regular scream, I think I should have heard it.
I looked at them 1 saw nothing different from a man and woman
riding together in a gig from sae place to another, as other people
do. 1 saw no violence or struggle of any kind.
Mary Butcher raid, I live at Dorchester. Mine is the first house
in that place. Elizabeth Wilder canie to my house. She was very
weak, and could hardly speak. She complained to me of ill treat-
ment. She was crying.
Mr. Thomas Bowring said, lam • surgeon at Dorchester. I was
sent for to attend Elizabeth Wilder. She was crying and in an
agitated state. She complained of violence used towards her by
a gentleman in a gig. I examined her, and found works of
violence on different parts of her person. The injuries were but
very trifling.
Cross-examined by Mr. CITRWOOD—If she had been put in a
gig, and had made a regular good fight for her virtue, she must have
been much more injured.
Hugh Wilder said, I am the father of Elizabeth Wilder. I
went oft to see after the man. I sent for Mr. Bowring. I after-
wards went to %Vallingfurd, where my daughter identified the
defendant, who said he had neves seen her. I detained him, and
sent for • constable, who would not come. The defendant tried to
get away.
Cross-examined—The defendant offered to go before a Ma-
gistrate.
William Stevens corroborated the evidence of the last witness.
John Smith said, I ern a police officer. I went to King.strect,
Cheapaide, to take the defendant, but could not find him.
Mr. JE•vis addressed the Jury for the defendant.
As soon as Mr. Jervis had concluded his address,
The Learned JUDGE asked the Jury,whether, upon the evidence,
they thought they could be justified in convicting the prisoner, for
if they thought the evidence not sufficient to ground a conviction,
it was useless to go further.
The Jury having consulted together for • short time, found the
defendant Not Guilty.
The Court was dreadfully crowded during the whole of this very
interesting awe.