Northern Times.
Liverpool, Merseyside, England, 1857-08-11 00:00:00

ASSIZE INTELLIGENCE.

SOUTH LAITCASHIRE.—LtmuooL, Augast 10,

The assizes opened yesterday in tin Crown Court, before
Mr. Baron WATS')N, at twelve o'clock.
His Loanstitr, having taken his seat upon the bench,
said : I am eorry that my brother Channel', who is tie
civil jute et Lancaster, is now there trying the remainder
of the causes, as there is a very heavy Therefore, the
civil court. will 133 -adjourned until to morrow, at one
o'clock. Causes will be entered up to twelve o'clock to-
morrow.

The following gentlemen were then sworn in as a

GRAND JURY":
William Brown, Eq, M.P., Foreman.
Robert. Andrews.
Thomas Ashley.
Thomas Biz!ey.
ThOMS3 Bourne.
R,bert Brandt.
Samuel Bt'ook3.
Ed w -rd Chalo•:er.
Mark Collett.
John Cros_lay.
William Gray.
John Grun'y.
Alexander F. Haliburton.
Arthur Henry Heywood.
Francis Heywood.
John Bramley-Moore, M.P.
John Meyers.
Albert Hudion
Francis Shand, Mayor of Liverpool.
Richard Sheil.
Samuel Taylor.
Charles Turner.

The calendar contains the names of 165 prisonvrs for
trial. There is a large number of prisoners charged with
murder, and amcngst them the following Liverpool eases:
_Po.tni at,lrny. for the ninracr. of John .Kildirtfrs Jolt.
Gibbons (who was sent t 3 the lunatic asylum on the Bth
of May, 1857), for the murder of two of his children ;
James Davies, for the murder of Robert Reasies; Eliza-
beth Wickstead, charged with murdering her new-born
child ; John Godfrey Patrick Bride, surgeon, for the
murder of Marrraret M Creel, by procuring abortion ;
Henry Rogers, Welliam Miles, and Charles E. Seymour,
for the murder of Andrew Rose, upon the high seas.
The usual proclamation against vice and profaneness
having been read,
lordship proreedsd to deliver his charge. He
said :—Gentlemen of the Grand Jury, I am compelled to
make the same obsery ition to you as I had to make to the
grand jury of the northern division of this county, with
respect to the calendar. rt shows a most unsatisfactory
state of morals amongst some classes of persons in
this county. The calendar consists of 165 prisoners; and
that does not include any of those who ara ordinarily
tried at the quarter sessions throughout the county and
throughout the boroughs. This is merely the accumulation
of crime during four months of the year. and that four
months those in which the least crime is usually committed.
It is also to be observed that in this great and populous
county trade is in a stste of prosperity; and one would
suppose that there was plenty of occupation for
the people. When I say thit the calendar is in an unsatis-
factory state, I mean thtt the number of persons charged
is great, and the crimes are extremely bad. I will give
you a short summary of the crimes that are to be brought
before your investigation, in the first instance, at these
seeing. There are fifteen persons charged with mneler.
There are twenty pe-sons charged with stabbing, wound
ing, and sh oting, with intent to do grievous bodily harm.
There are Eighteen cases of manslaughter ; there are
eleven eases of rape and attempts to commit rape ; of
forgery there are eight ; of high. Way rehbery, thirty ; and
of burglary, thirty-three; and other offences, such as per-
jury, six; bigamy, six; and vaeiens other offences, of
the description which are calculated to create in many
persons considerable alarm. But I think, gentlemen, we
must not refer to the demoralised state of the whole
county crimes like these. They arise from a lower clads
of the people, who sill always accumulate where the popu-
lation is in great masses; where you have large towns like
Liverpool, Manchester, and other places of the sort, you
will find, whilst the morale of the great mass of the people
are in a healthy state, classes of the community committing
the most grievous and deplorable offences. Gentlemen, I
believe that great efforts have been made throughout this
country to begin at the beginning with the people—that is,
with education. I know no means whatsoever to stem the
torrent of crime which seems to be setting in upon the
country at large but by beginning at the beginning, and
giving a wholesome education. You will turn many away
from a life of idleness and crime to one of honesty and
industry ; and I only mention this to you because I know
you are perfectly awake to this subject, and convinced th it
education is the only means by which we can hope. whilst
eu.l64.lllCti, ion, gentlemen, win meet many cases,—there
are some it will not meet. It will net meet the case of the
adult population who incline to crime. It will not meet
the case of the children of the utterly depraved. It will
not, again, meet thote who come into the large towns within
this country for the purpose of p etpatrating crime, and
for the purpose of delinquency. The latter are only to be
met by an active, vigilant, and intelligent police. Gentle-
men, I tt net that as the time goes on, the younger classes
of the community will be awakened, and bmught t 3 a sense
of the great principle that they can never deviate from the
line of honesty and industry, without bringing themselves
and all connected with them to shame Gentlemen,with these
few general observations, I have to mention only one other
subject to you, and that is the great-alteration which has
taken place with regard to the punishment of crime. Tho
old sentence of transportation is entirely abolished, and we
have now introduced, for the same term of years as in the
care for transportation, the punishment of penal servit ude—
one where they may be sent to foreign colonies, or may be
kept in this country; bat they will be kept as slaves doom-
ed to labour during ail that period of time. It must never
go abroad for one instant, that the punishment is lessened
by using the word penal servitude in place of that of trans-
portation. Gentlemen, with these general observations, I
have only to call your attention to two or three owes in
the calendar, with the observation also that, if any difficulty
occurs to you in cuaidering the cases, I shall be
most happy to render you any assistance prslible. The
first one is the case of a captain and two mates of a
vessel, who are charged with the murder of a seaman of
the name of Rose- It seems that on the voyage front Bar-
badoe4, the deceased Was exo-a-lted on board the vessel as
a sail'tr, and he seemed to have hardly any clothes with
him when ho came on board, and was a man of weak in-
tellect, and a bad sailor. The evidence varies much in
degree of the several witnesses, who speak to the cruelties
inflicted upon him by the master and mates, You are
Well aware, gentlemen, the master of a vessel has the
power to correct a seaman, but he must do no more. If,
under the appearance of correcting a seaman, he is guilty
of severe cruelty, and that cruelty should result in the
death of the individual, the offence would be one of
murder or manslaughter, according to the particular cir-
cumstance-s. If the instrument used was one likely to
predace death ; if the succession of cruel treatment was
such as was likely to produce death ; and, although the
man might not be in a state of g cd health, no person has
a right to accelerate the death of a person although that
death might be impending. You will have to inquire into
this, and to inquire whether there was any pretence for
the correction of the seaman ; and, supposing there was,
you will then have to inquire whether the correction, and
the means used for correction, were not excessive, and,
at the time ieflined, likely to cause the death of the-
person. If so, that is the crime of murder. If, on the
other band, there was no reason to anticipate
any fatal result of that excessive correction which
led to the death of the individual, then it would only
come to the crime of manslaughter. You, gentlemen,
have not to draw the fine shades between murder and
manslaughter in youieroom, but you are to look at the
evidence before you, and to see if there is any evtdcnce to
put the prisoners on their trial. The next case to which I
will refer is an indictment against a surgeon in tit's theta
of the name of Bride, and the offence charged—it has only
been charged, what the remit will be no one can hell--
is this :--A. stewardess of a vessel came across the Atlannc,
and found she was three months gone in pregnancy. On
her arrival here she want to Bride to procure aborden.
He used certain instruments flan that purpose, and it ended
in the death of the female. And, now, I must tell you,
that, in point of law, if a person by administering medicine
to procure absrtion, or by using
instruments to effect that
end, although he had no idea at the time of causing the
death of the person on whom he operated in that way, and
the person should die, that individual is gull=y, in law, of
the crime of murder. For where a person is committing a
felony, and causes the death of another during the com-
mission of the felony, by the rule of our law it amounts to
the crime of murder. On the other hand, if ha was per-
forming a lawful act, and was guilty of negrgence in the
perf emance of that act, and death resulted, then he
would be guilty of manslaughter. In the calendar,
out of the number of murders brought before you,
there is one case where it is supposed that
the panty causing the death of the other was in a
state of insanity at the time. With that you have nothing
to do. Supposing, in that case, you should find "no bill,"
the party would be en itled to go at large. But it is not
the province of the grand jury to inquire into the sanity
or insanity of the parson charged, but simply to say
whether the facts brought before you are sufficient to
maintain the crime charged, and the reason is this—when
the party is brought before me and the jury, if the pri-
enee is acquitted by them, ho is acqui, ted of cle crane of

murder on the ground of insanity, and the law &vets the
power tame to cause Eueh insane person to be kept in a
lunatic asylum, to prevent him committing any further
offence of that kind. I mention this that there may be_
no mistake on the subject. It matters not whether the.
person is sane or insane at the time of the commission of
the crime with which he was charged. There are no other
oases to which I need call your attenrion. They depend
upon ordinary evidence, but if there is not sufficient prihaa
facie evidence on which to find a bill, you will, of course,
not send the prisoner before me for trial.
The grand jury then retired to their duties.
BiGAMY.—Henry Lowe, aged 31, described as a painter,
was charged with having ou the 14th October, 1847, at
Heaton Norris, married Sarah Higgins, and with having
at Manchester, on the-17th March, 1857, feloniously mar-
ried Mariana Hill, his former wife being then alive.
The prisoner plea-led guilty. His Lordship in passing
sentence remarked, that the crime of bigamy was vastly
increasing in tit-A county, and in the neighbouring county
of Chester. He sentenced the prisoner to be imprisoned
for twelve calendar months with hard labour.

BURGLilM—Patriek 0' Brien, aged 23, labourer, was
charged with having at Manchester, on the night of the
27th May, 1857, feloniously entered the dwelling-house
of John Harlan!, and stolen therefrom several articles of
wearing apparel. The prisoner pleaded guilty. His
Lordship sentenced him to imprisonment for six calendar
months with hard labour.

BURGLAN.Y.—Thomas Reyn,r, aged 18, factory-hand,
and Mary Wilson, aged 19, factory hand, were charged,
the male prisoner with having at Manchester-on the night
of the 6th of April, 1857, feloniously entered the dwelling-
house of Riz tbeth Rogers, and stolen therefrom several
articles of wearing apparel, and the female with having
feloniously received into he, possession part of the same,
knowing it to be stolen. Mr. Cnitty prosecuted. The
house was- found, by a policeman, broken into at three
o'clock in the morning. The prisoner Rayner was arrested
the same day, with part of the property in his possession,
and other parts were found in two pawnshops, in which
they bad been pientra by bulb pri,v 4.01-6. The jury found
the male prisoner guilty of the burglary, and the female of
receiving. Punier convictions were proved against both.
Rayner was sentenced to six years', and Wilson to four
years' penal servitude.
FORGERY. —Luke Hatfield, aged 48, described as a clerk,
was charged with having, on the 20th April, 1857, felo-
niously forged the endorsement of a certain cheque, pur-
porting to be the order of J. and E. Markendate upon
Lloyd, Entwistle, and Co., bankers; and with having, on
the 24th of July, 1856, forged theendereetnent of a certain
cheque, purporting to be the order of J. and E. Markendale
urn Lloy I, Entwistle, and Co., and with having uttered and
disposed of the said forged endorsements. The evidence of
the surgeon of the gaol at Kirkdale, and of the governor
was given, to show that the prisoner was at present in an
insane state of mind, and not fit to take his trial. A jury
was sworn to try the question, and found in accordance
with the evidence given. His Lordship therefore directed
the prisoner to remain in custody for the present.
COUNTERFEIT Cone—Martin Lowry, Michael Kearney,.
and Mary Quagley, were charged with having, at Man-
chester, on tee 3rd of this month, Made certain counterfeit
coins. The three prisoners were found by a police officer
in a house in Leeds-place, in Manchester. - When the
office:- went in, the prisoner Lowry, who, with the others,
were sitting close to the fire, had a spoon in his hand,
which he threw into the ashes. Wnen taken up it was
found to bs wa-m, and had been evidently used in. melting
metal. A mould, a file, and several base coins, were also
found. A fourth party was in the room with the prisoners
when the officers-entered-- an old woman, who succeeded
in making her escape. No other person was in the house
except a child two years old, in bed in an upper room.
The prisoner Martin Lowry pleaded guilty. The jury
found Michael Kearney guilty, and Mary Quagley not
guilty. His Lordship .entenced the male prisoners to
penal servitude for-four years each.
STABBING —Catherine Ridding, aged 25, was charged
with having, at Salford, on the 18th April, 1857, stabbed,
cut, and wounded, Hannah Roscoe. Mr. Wheeler pro-
secuted. The pr secutrix deposed that on the morning in
question she was in her father's house, and heard a noise
in the street. Went out, and found her mother and tha
prisoner quarrelling together. She brought her mother
away, and wont into the house again. In a few minutes
she heard noise once more, and, ping oat, found the
prisoner and her mother quarrelling as before. The
prisoner had a dinner-knife in her hand. Prosecutrix
asked her what she was doing, and the prisoner replied,
" Mind your own business " Prosecutrix said, " Are you
going to kill my mother ?" and prisoner said, " Yes, and
you top." There was some further altercation, and pro-
seentrix seeing the prisoner rushing at her mother, seized
her hand. The prisoner disengaged herself, caught held
of prosecutrix, and gave her a stab on the forehead with
the knife. The jury found the prisoner Guilty.
&enema —Mae), Ann Hall- aged 21, was charged wilt
h %yin a nit vv. ea.& ill a 111.1. rISISt—Nt. - suld
of the prisoner's mother on the night in question. They
ware quarrelling, and the prisoner interfered. Some words
then passed between the prosecutrix and the prisoner,
when the latter, who had had a knife in her hand, struck
at the prosecutrix and wouaded her upon the forehead
Mr. Fearnley prosecuted in this case The jary found
the prisoner " Guilty of unlawfully wounding."
BlGAML—William Dyson pleaded gull y of having, at
Manchester, on the 23rd March, 1857, feloniously mar-
ried oie Ruth Whittaker Bocock, his former wife being
then alive.

FORGERY.—AIex Incler M'Coy, aged 23, a factory hand,
was charged with having, at Manchester, on the lst June,
1837, feloniously forged au order for the payment of
money, purporting to be the order of William Macpherson
upon John Hope Clarke and another. The prisoner had
been employed as a piecer in the sae ory of Messrs. Clarke,
of Manchester. On the day in question the prisoner came
to Mr. Morris, the cashier of the factory, and pre3ented
to him an order for 13s, pueparting to be for work done,
" William Maepherao a." Mr. Morris, believing
the signature to be genuine, and to be that of Mr. Wm.
Macpherson, the manager of Messrs. Clarke's establish- ,
ment, paid over the money. Mr. Macpherson deposed
that the signature was a forgery, and that he had never
authori9ed prisoner to write his name. The prisoner., in
his defence said that money was due to him fir work, but
was kept back as a fine. The jury found the prisoner
guilty, but recommended him to mercy.
The court then rose.

NORTHERN CIRCULT.—LANCASTER, August 8.
citowx COUR r.-BEFORE MR. BARON WATSON.

Thward Hardman, aged 28, shoemaker, was indicted for
the wilful murder of Ellen Hardman, his wife, at Chorley,
on the sth of March last. Mr. Monk, Q C., Mr. A Crosse,
and Mr. Allison prosecuted; Mr. Overend, Q.C., and Mr.
Brett defended the prisoner. Mr. Mork in stating the
case to the jury, said it was winecessary for him, in a
charge so serious against the prisoner as that of ha,virg
taken the life of hie own wife, to request the careful ano
discriminating attention of the jury. The prisoner was a
shoemaker residing at Chorley, and had been married to
the deceased woman about two years and two months.
That union had not been a happy-one. The prisoner and
his wife were of different religious creeds, and that
element of discord had produced the ordinary conse-
quences. He only referred to this as one source of dissatis-
faction on the part of the prisoner with his wife, she haiing
promised him that she would leave the Church of England
of which she was a menber, and adopt the tenets of the
Cherefiverf Rome. After their mstriage this and other
sources of difference produced a separation, and in
three months after their marriage she returned to her
Asher's house. After a time he sent for her back again,
and she agreed to return and live with him ; and the latter
part of their married life had certainly not been distin-
guished by the differences which had rendered the former
part of it so unhappy. cn Shrove Tuesday the deceased
woman was taken ill, and on the sth of March, in the
fol-
lowing
week, she died. She had been attended_ throughout
her illnees by Dr. Smith. At this time the prisonec lived
at a place celled Botany Bay, a hamlet of Chorley. On the
afternoon of Shrove Tuesday the prisoner was in the house
of a men na'ued Darwin, a beerhouse keeper, when his
wife passed on her way from Chorley, and ehoek her fist at
him. Darwin, sf eing tbis, said to the Drieoner, " What is the
matter ? You had better he off.'' The prisoner went away,
and returned in half an hour, saying his wife had been
supping some broth at home, that it had made her ill, and
that she had vomited and was much purged. In the course
of that day he told another witness that he had " warmed
some broth for her." Two days before some broth had been
made by a neignixme named Rethevell, who had borrowed
a pan to make it in from the deceased, and in re urn he
had sent her. some of the broth, which was made of meat
and vegetables. Rothwalre family partook of this broth
w:lhout tiny ill effects from it, and so did the deceased on
the Monday,. and put away some that remained, which
she took on Shrove Tuesday, on her return from Chorley,
whore see had been. The next day ( Wednesday) the
prisoner wrote to his father-in-law that his wife was taken
vary ill, and on Tnnrsday he went for Dr. Smith, who
attended her. The prisoner told Dr. Smith she was
safferieg from a bowel complaint, and unless there was a
change she coned not live long The deceased woman was
a healthy robust woman, welt formed and muscular. The
prisoner wrote again to his fa herein-law describing his
wife as vomiting and very ill, and the baby as being also
ill. His wife had been confined in the previous October.
Her father came over to see her. She complained of her
illness, and said she thought she should like a little wine,
and her father bought her some blackberry wine, of which
the Finnic. Her father remained with hor all day, and