The British Press; or, Morning Literary Advertiser.
London, England, 1822-12-21 00:00:00

MURDER.

nooses Adds was tried on the Coroner's Inquisition for the
Wilful Musder of Ellen M'Cariby, at Riding, on the td Sep-
tember, last. The Dram! Jut') had thrown out the bill elf
indictment for the alleged Murder.
Mr. ROLLAND was for the prosemetion.
Upon examitiing the inquisition, it appeared th it the in-
quest was taken concerning the death of Ellen, the wife of
Daniel Moriarty, the name of the deceased being 31•Carthy ;
and in consequence of this variance, the Leitzeed Judge di-
rected an immediate acquittal.
It was stated that the deceased and her husband, together
with many ofthe labourers, had been employed in bop-picking
at Biding during the last season. The deceased and her hus-
band got extremely drunk, quarrelled, and had been the &ob-
hects of the sport sod ridicule of the other labourers. She
ad been pushed sheet, knocked into a ditch, and, in the
course of the evening following died of the ill-usage she bad
received. Upon opening her skull it appeared that some of
the blood-vessels bad been ruptured, which occasioned her
death. It was imputed to the Prisoner that he was one of
the party who had joined is the ill-treatment or the deceased
and caused her death, for the reams above mentioned.
The Jury found him Not Guilty.
Charles Lewis and John Oliver were indicted for a burglary
in the dwellingsbouse of Jobe Knit, at Charlton, in the night .
time of the *tato( October, and stealing six silver tea-spoons,
a silver table-spoon, a Air of silver buckles, and other pro-
perty, to the value of til.
Mr. Bosaute was for the prisoners.
It appeared that, between hive and six o'clock in tho even-
ing of the shit Ociober, the wife of the prosecutor went out
for a temporary purpose, leaving the door and windows fast.
Shortly afterwards her son came to the house, and Gliding
the door on the latch, ho opened it, entered, sad Awed his
~other's drawers slanted out, and their contents strewed
about the door. He heard some persons mowing,abiont up
stairs, and presently saw a light. He cried " Hallos? who a
there ?" when in an instant the light was blown out, and two
or three men rushed down stairs. He seized the Arst man
by the collar, and a tierce struggle between them enesod,
when another of the men struck him and knocked both doom
the steps of the door. The robber then got up and ran a
few yards, but was overtaken and laid hold of by the Prose.
cutor's son, when another struggle ensued. Another of the
gang knocked him down again, and he and the man he bed
hold of fell together again. The latter got up and ran about
half a mile, but was overtaken and secured by his courapou
pursuer. He turned out to be a man named William Ber-
ridge. le the several mules the coat of the latter was torn
from his back, in one of the pockets of which was found a
bundle of picklock keys. During his passage to the cage,
Berridge threw from him another bundle of picklock keys,
which was afterwards picked up. The other men got clear
off— Nose of the stoles property was Cooed.
..
pAB Ns's Berridge was ezamised u an approver; be de-
od hissesif as having bees a gentleman's servant, and
a (ot= tito„111:1
the
tthweaCpri timer:, faor about tier
amed crag;
mow In Newgilte, and another man named Mtnion, all Lon-
don thieves, hired a hackney coach to go down to Woolwiu h
upon the speculation of being able "to do a robbery." It
was observed, that es that day Mr. Aegerstein, of Black •
heath, proposed giving a feast to the lower classes of his
neighbours, and it was suggested that probably this eireUM•
stance would induce many persons to Wave their houses un-
protected. In their way to Woolwich the $ observed the pro
secutor's wife leave her house at Charitoo, and lock it as
the outside; and it was determined to turn this eircumetemeo
to advantage. 'Choy went on to Woolwich, partook allele
refreshment with the coachman, and then it was resolved
that Berridge, Kirtg, Lewis, and Oliver, should return to
Charlton, to do the robbery, whilst the coachman waited
their arrival, to carry them back to town. Aocordingly,t
four persons went to the prosecutor's house between six
seven o'clock. It was agreed that Berridge and Kings
erect the robbery whilst the others remained outside to kelp
watch. The leek of the outer door was immediately picked;
and Berridge mod Lieg entered, broke open • chest or
drawers, and took the articles mentioned in the indictment.
Whilst they were op stairs breaking open a large chest, they
were disturbed by the Prosecutor's son, in the manner
already described, and which the aczoinplice detailed with
the same particularity. The accompliee described the even-
ing as being dusk wipes the house was entered—not quite
dark.

eeyerel wit iseeme wigs called to corroborate the accom-
plice is shamish& of his evidence. The picklock keys.
and a dart larders hand afterwards ie the house, were also
produced arid identified.
The prisoners said nothing in their defence.
Mr. Berea 0111A11111. in his charge to the Jnry, said, that
the breaking and enterinsiu the Night time might be left out
of their esissidorstioa,tre heiag no s=i aiefideseir
that tt was night when the rubbery was g tut then
they would say whether the property Moles aftesnted to
the value of 40S. ; for if it did, the prisoners were still liable
tube found guilty of a capital felony, if the Jury were satisfied
that they were concerned in the robbery. The Learned
Judge thee summed up the whole of the evidence with sorb
observations as appeared to him to be proper to Mate upon
the facts proved.
The Jury deliberated a few minutes, and (hued the Pri-
soners Guilty of stealing in the dwelling-house to the amount
of 401. acquitting them of the burglary.—Death.
There were two other indictments against the Prisoners for
petit larceny, which were not prosecuted.

Before Mr. Justice BATUCT.

EXTRAORDINARY RAPE.

Joky, Proms was indicted for assaulting Catherine, the
wife of Mime George, on the Mb of September, at the
parish of Woodchurch, sod violating her person.
It appeared from the statement of the Proseeetrig, that on
the night in question she had gone to rest alohe, her husband
not having then come home ; she fell 'steep, and was awakened
by the caresses of a man in bed with her; bar infant child was
also in bed with her. Supposing the visitor to be tier husband,
she remained passive, and yielded under that persuasion to
what took place. The criminal act was repeated three times.
In about three quarters of an hour, hearing a noise, she
said to her bedfellow, " What is that noise P To which
he replied, speaking of her husband, " Its Ody coming
home •" and ho immediately jumped out of bed and retired
Into the nest room. The Proseeutrix also got out of bed,
threw a gown over her, and nu into a neighbour's house,
where she complained that the prisoner, whom she said she
knew by his voice, had thus effected his object. Elbe ap-
peared agitated; was in tears, pale, and trembling. She
then dressed herself, and went to a neighbouring oast-house,
to give information to her husband, whom she found there.
The prisoner had got there before her. A complaint of
what happened was made to the husband. Ten minutes
only had elapsed from the first discovery that the prisoner
was the intruder into her bed. She had followed the prisoner,
and kept him in sight until be went into the oast-house' where
the husband was The latter was asleep wbeu his wife came,
I and had been drinking at a public-house. She then told her
husband what had happened, and that she believed it was
the prisoner, from the colour of his smock-frock.
On her cross-examination by Mr. Bruen, who was Coun-
sel for the Prisoner, she admitted that she was in the family-
' way by her husband before they were married ; but she
swore that she had never allowed the Prisoter to tske'aay
improper liberties with her, and particularly that she had
not admitted him to her bed on the preceding Saturday
night, nor had he been in the house after nine o'clock on
the eight in question, to her knowledge. Duriog the time
r the Prisoner was in bed • ith her on the eight in loestloo,
no conversation at all took place between them, except
that he seemed more amorous than her husband gene-
I rally was. She said to him, " Ody, is this all love?" to
which he answered, " Yes," in an under tone of voice.
She swore positively she was ignorant that the Prisoeer
was in her bed, until he said, " Oily was coming home."
During her whole examination, she coeducted hermit' with
the most imperturbable composure and coolness. She was a
young wangle about twenty-five, and of very prepossessing
appearance.
The Prosecutrix'a husband, the woman to whom the Pro-
secutrix first complained, and a man, who was at the oast•
house at the linte the complaiut was made to the husband,
were also called as witnesses. It appeared from their
testimony, that, on the night of the alleged rape,
the Prisoner had been at the oast-house full three quarters
of an hour before the Proseeutrix came there to inquire for
her husband, and that he was seen on the preceding Satur-
day evenift, at half-past nine at night, to let himself into the
ProseentWs house with a key, sit down in the room, and take
of his boob ; and that hs remained in the booze so minutes,
when her husband also went horse, and then the Prisoner re-
treated by the hack door.
Before the case went to the Jury—
Mr. Burnie submitted that this indictment would not lie
as for a WO. The indictment alleged force to have been
used. That allegation sou negatived by the evidence ; for
the criminal act, which was the gravamen of the charge, was
done wills the consent of the Proseeutrix. In the absence of
force, and the direct proof of commit, it was impossible to
support this indictment.
Mr. Justice Bssaav admitted that there was considerable
weight io the objection, but he thought the case ought to go
to the Jury. An extremely nice question of law oat involv.
ed in this proceeding and one which, for the present, be
should not decide. If the Jury however, thought themselves
warranted I. consicties the Prisoner, he should direct them
to return a special verdict, so that the point might be raised
before the twelve Judges.
The Learned Judge thee sourced up the evidence for the
Jury. He observed that the statement of the prosecutrix
was certainty very extraordinary, sad, in sane particulars,
very suspicious. She had been contradicted in two material
points ; and, if she had mistaken or misreptesested circuit.
*teams, intuit es two listeners, there was some ground
for doubting the truth of the whale of kr statemest—

IS
10
II
10

in order to justify the Jury in finding a verdict of
guilty, they must be fully satisficd—tirst, that the pri.
sour was the person who bad committed the *Rep.(
offence in the manner stated ; and second, that it
was committed by means of a false representation that
he was the husband of the Proseeutrix, and thereby in.
diced her to submit to his embraces. They must be
satisfied that the Prisoner had practised a delusion, mod
that the Prosecutrix would have resisted his 'Weiner', had
she known the real situation and character of the person
who bad obtained access to her bed. Should they think
the cue proved did not warrant snch a conclusion, the Pri.
sour ought to be acquitted. His Lordship said he should
not himself give any opinion upon the case in point of law,
but should leave it as a miller within their proper province to
determine.
The Jury deliberated a few minutes; and found the Pri•
souse—Not
There was a second indictment against the Prisoner for a
misdemeanor, which charged, in substance, that he had
broken and entered the dwelling house of Odium George •
Catherine, his wife, at the same time being in bed and en..
dressed, and fraudulently, and under pretence of being the said
Odium, did assault, fee. the slid Catherine, she being wholly
ignorant that the prisoner was not her husband, but suppos.
in and believing him to be so. No evidence, however, oat
offered in support of this indictment, rnd a verdict of Not
Gitilty was recorded.
There wet no other esso of general interest. The Assizes
are expected to conclude to-morrow afternoon.

DECEMBER 20.