The British Press; or, Morning Literary Advertiser.
London, England, 1824-08-07 00:00:00

NORTHERN CIRCUIT.

YORK SUMMER ASSIZES, TnuespAr, Avo. S.
CROII-7N SIDE.

(Before Mr. at;retati.zocit.)
CUTTI NG AND 31A 131 ING—EXTRAORDI N.lRl' TR I A L.
Step/sae Darnall stood capitally indicted under Lord Ellenbo.
rough's Act, with cutting and maiming Elizabeth I /small, his wife.
on the Bth of June. 1821, at Ecelesall ISierlow, in the parish of
Sheffield. in the West Riding, with a razor; and with wilfully,
maliciously, and unlawfully stabbing his wife, with intent to
murder or maim the said Elizabeth. rise prisoner's age was
The Court was crowded to excess, and the case appeared to excite
considerable interest.

The prisoner pleaded Not chitty.
31r. lIARDY stated the cue on the part of the frown, which
was one of a capital nature by the Statute of the 43d of the hue
King.
The Learned Counsel then called Elizabeth Darnall, the wife,
and examined her to the following effect:-She is wife to the
prisoner at the bar; has been married to him six years. Has two
children by the prisoner, one live years and the other five months.
I Her husbind and herself have not lived upon the best of terms
latterly. Ile said he would be the end of her; he would trick her,
and put her to bed with a spade. Ile is a labourer, a working
ea, rdener. They were at hotne together on the Bth of June last.
He came home a little after 12 o'clock at noon on that day, and'
went no more to his work; went out about three o'clock after.
wards, and returned about four; he remained in the house until
the evening ; went out again more than once and returnial ; she
was nursing her child arid doing the business of the house. She
and her husband had had words about three o'clock; she after- I
wards went out, and he followed her at a distance; she went to j
see her brother at the furnace; ha brother worked there; she
did not see her husband until he came up to the gate ; lie after-
wards went home, and got into the house first; lie told her he
I ai been taking a pair of gardener's shears to sell ; he said !:c
had been follnwing her, as he thought she had been going some-
where else, end it she had, the prisoner said she should have
seen what he would have dune. 11 hen he went to bed he locked
the door and put the key in his pocket; I asked him what he did
that for, and said, " I don't think myself safe in your company, as
you sail you would put me to bed with a shovel, and I was afraid
of my life." Ile had been mending shoes on that day ; he !aid
he was not going to do anything to me. I said, " Let me feel
what you have in your pocket ?" This was in the bed-mom. Ile
took out a knife and flung it on the floor; be said he hail nothing
else, and said, will that do, and flung the knife in the other room.
I afterwards saw him stoop down and take something from under
the carpet; he was then undressed and getting into bed; 1 was
undressing myself to get in likewise. I felt disturbed, and pt:t
my hand into his bosom and took out a razor; I said, dear one,
here is a razor; he said, it is not, and snatched it out of my hand and
put it in his bosom again. I took up a bit of wood and knocked
: against the wall that divides the next cottage from ours ; he then
rose up, and seized the razor, and began rutting me; he eiderd me
with his left hand by the cap and hair, and with his right head
began to cut ray neck; I held my head down; he caught me
afterwards and cut me near the mouth: she could not say if he
cut her more than once; she had a child in her arms; she let
it fall on the floor. Could not say how sh: got away ; she sernamedl
I out ; Mrs. Thornton came to her assistance, and she was taken
through the window.
The Learned JuDGE asked the prisoner if lie wished to ask his',
wife any questions ?
Prisoner—Yes ; not guilty ; she is impertinent; she wanted to
I know where my sister is ; she had left me.
Prosecutrix examined by the JUDGE—Yom had lift your hus-;
band ? Yes ; I went to live with Mr. Ilihorean ; he has a wife.
She sou a year there ; she saw her husband many times afterwards.
I She applied to her parish, and they forced her again to live with
him; they had no misunderstanding before; bad many euarrels
I after. He knew pet-fatly well what he did t he was a sober man.
but not so right as some men. He was regular in his labour. Ile
was jealous of her without cause. Ibbotiein is 40 ; his wife has no
children ; they are dead ; he has been jealous of her ever s'.nce
they have been married.
Here the prisoner said he wished to ask the Judge a question.
, J 1" DGE—W VII. " His wife clouted his head as he sat on his
bed ; his wife got up at four o'clock in the morning, and said,
Blast you, you devil ! and threw scalding water over him."
JUDGE to Proseintrix—lt Wu on Whit-l'uesday • don't know
' if they lied words on the Monday, but they had on die Tuesday.
John Winterbottom examined.—lle is a cutler; was at home on
the Ilth ofJazie last. Lives about le yards from the prisoner; was
alanued by a noise or scream of murder; it appeared to be at
I
;Stephen Darnall's door. I heard her say—he has cut tuy threat.
j The screaming continued. I broke the window open, and I jumped
;in at the window. I could not find the k:y. I Mood the prisoner
lin the next room cutting his throat. I said—" You have eat your
wife's throat, and now. you villain, you are cutting your own."
; I The prisoner said—" How do you think any ;sewn can live, she
has been knocking my brains out with a poker.' I took him, and
' I gave him in charge of a constable. The prisoner said the key was
lin his rotten I said you have bid the key you villain. 1 after-
; wards found it in his breeches pocket. du known the prisoner
some years by sight. He has been in the parish a long time. Ile
' ; don't look bright, but witness considered he knew good fmni evil.
To a question put by the Judge, witness said they had lived in
the house about eleven moot! a, but he could not speak upon what
; , terms.

PTIXITICT—rt is a false tale; a chap threatened to thrash his
bones. She has been living with another man. She clouted tue
on the head. she did.
Martha Thornton examined—She is the wife of John Thornton ;
lives directly opposite the prisoner's future. Itemembers the Bth
of June; she was in the garret of her house. when she heard the
screams of murder. I got in at th•• window. six saw the ptibonir's
wife; she said, he has cut me throat. She was utilte.sed, and
had nothing but her night clothes on. Iles heard them hate
words ; don't know wLcthcr he is right ; l.is wife is w decent
woman.

W. N. Kirby examined—lle is a surgeon at Sheffield ; he was
called in to see the proseeutrix un Whit Tuesday. at half.pas.
eleven o'clock at night; she was at widow Sot k's Louse, She
appeared very faint; her upper clothes eery stained with blond.
There were wounds across her throat, check, and neck ; they ap.
heared to be done by a clear cutting instrument—a razor would
ave inflicted such wounds. The first was a alight one, in an
oblique direction : on the cheek it was an inch and a half in length,
and cut through the mouth. The back of the neck was the word—
it was down to the hone; the razor appeared to host been carried
backwards and forwards within the first incision. Ile sewed up the
wound, and she et well in live week's after. The wouad on the
back did not yield well; he thought the bone might be slightly
injured.
The Jrnoe—lleve must have been considerable force us.d.
11'itness—Ves; I saw the prisoner a few days slier; there wery
nine scratches upon his neck. I thought him a weak man, but he
appeared to me to understand what he bad been doing, and seemed
sorr_y for it.
I tleorge Makes_lle is a ccnstsbls ;
the prisoner; he has 'he east.

Lis assistant s:TrehtNl:cl

NiMd‘

The instrument Mae yeroddeed, and handed to the Jury.
The JuDcr—Now Is the time, prisoner, for your defence.
Prisoner—She is a very impertinent woman ; she heed at Shef.
fold; I got her cried; the wanted a home; she theollanetrto
thrash my bones; she tried to scald my eyes out, and to fire me
out ; she would not let nie eat nv live in peace; she has foot chil.
dren by another man; two arf• dead.
Mr. l.yddell examined as to el:waver—lle Is • shoemaker,
living tat Sheffield ; has known the prisoner teii or twelve yeas :
he was known as a steady industrious man; considered hint as
possessing inferior intellects.
William 11'elaster. a solicitor, examined—lle has known the pri.
Wan eighteen months, and never knew any thing against him.
The Learned Judge charged the Jury, and said the prisoner at
the bar was indicted under a wise Act of Parliament. with the of.
fence charged in the indietnient, a capital offence. which, before it
passed into a law, was only a misdemeanour. The question for
the Jury now to consider was, whether the prisoner, at the time he
committed the dience, was in possession of his proper senses. and
knew right front wrong; if he were, then lie was guilty of the
crime laid to his charge, which made it death. It was quite clear
that the wife had acted wrong, but that had nothing to do with
the act itself. The indictment chargii him with an attempt to
murder her, or do ha some bodily harm; the Jury would therefore-
con.ider of their verdict, and bring in such a one as would satisfy
the law on the subject aid their own amscientes.
The Jury retired fir a short time, and returned with a verdict ci
Griiit9-11eath.
The prisoner was recommended. to mercy ity the Jury, on re.
coma of the weakness of his intellects.
The °rand Jury, in the course of the examination, informed his
Loolship that they had found all the bill. for the county before
them, when his Lordship thanked the Gentlemen of the Jury for
their patient attention and the zeal they had shown during the at,
duties duties they had to perform at the Assiee.
Thomas Mortimer, aged 21, stood charged by the Coroner's In.
quest, on the view of the body of Wm. Needham, lying dead at the
parish of Leeds, in the West Riding, with killing and slaying *he
said Wm. Needham.
Mr. Mit.wEa stated the case on the past of the C7Ollll, and Mr.
JONI:3 called
Mary Booth, examined on the prisoner's behalf—She is an
innkeeper's wife, residing at Leeds. The deceased had a quarrel
at her house with his wife and stint ; the deceased was a
violent man ; the prisoner interfered with the deceased, and remora.
*trued with him for striking the woman, on which the deceased
wished to fight the prisoner, which he declined to do on that day,
2d June. She has known him a number of years, and has always
considered hint a quiet man.
Benjamin Wilson examined by Mr. Metre—ls a dyer at
Leeds ; was at the Rose and Crown on that day ; Ne-dbam was
quarrelling when the prisoner came in t he interfered and endca.
roared to part tke women, teeing them ill-used ; on this the.
deceased exclaimed--" To, rn wilt thou fight me?" prisoner said
he would not that day ; the deceased said he must for love or mo.
they. Needham said he would fight him for • guinea, and put ss.
on the table, which the prisoner covered, hating first borrowed it
of • person in the room. I held the wager. Needham went out,
and his second afterwards fetched the prisoner ; he came in after-
wards, and said the prisoner had won.
Cross.examined by Mr. Jousts--The tieceaesel had the night
befeee been put hi the watch-house for outrageous conduct and
being in liquor.
W. Coxsuaw examined.—lle was at the fight ; it was in a field
near Pomfret lane ; they had three. or four rounds there; Mr.
Green, a constable, parted them. They after Wards adjourned into
anieher held, and fought for nearly halt an hour; the prisoner beat
hint. After the battle, the deceased appeared sick ; he stripped
him and put him to bed. The deceased said, " Will, now thou
mayst leave me." I said, " No, I will not." This was about
half-past nine o'clock.
(:ross.examined by Mr. Jorits.—The prisoner's wife held his
clothes whilst her husband fought ; never heard her say," d—e,
Bill, take 4,:r thy boots, and thou wilt fight better."
Saralt Needham, the widow of the deceased examined.—Sbe
was present when the battle took place. She carne home from her
work at half.past six o'clock, and went to seek for her husband.
Sbe saw him knocked down ; she saw biro struck in the throat.
and he said he would have no more. she got home about bait-
' past nine o'clock, and found him in bed. He said his head.
ached. She laid on the bed. About half-past tWo o'clock lie said.'
I " Sarah. I shall never see any person more in this life." Be
died at twenty minutes after four the following morning after
the fight. :She had been tied to him two years. He was buried
on M'hit.Sunday. lie was sober when lie was knocked down.
He fou4ht in hoots • site advised hint to take them efi: Si,.
wished him to go home, but he said he would kill her if she was
not quiet.
slr. 3lusgrove. surgeon, examined.—lie resides at Leeds. .
examined the body. Ile tried to ;man a vein, but co blued
came. Ilia throat was a good deal swelled; there were two or
three bruises about the neck. lie recommended the Jury to have
the body opened. His death was occasioned by the blows about
the neck.
Re-exam:nod by Mr. Jun Es.—The liver was not soon[' ear-.
tion m:ght bring on apoplexy ; there was &severe blow on the jugu•
lar vein.
Two persons gave the prisoner a good character for humanity.
The Learned Jr now charged the Jury, and said, that the act
of fighting was unlawful ; it mattered not how the gorsel arose.
nor whether the prisoner was a quiet man or not. The ques._
two for the Jury's consideration was, did or did rot tlfe
deceased come by his death fiom the blows Intlicted by the
prisoner at the bar? and if he did, then he was guilty of man.
slaughter.
The Jury brought in a verdict of Guilty; and 'n co,semienee
of the prisoner's having been in custedy two month.. he was
sentenced only to one month's further imprisorinent in Yin%
castle.
These trials excited considerable incest, and die Cotot was
crowded during the whole time.

SPANISH REFUGEES.

TO THE HORTTR,Vitrr-031MITTEE FOR THE

REIJI F OF THE SPANI H REFCOEES.

MY LORDS AND OEXTLEMTN,
At the moment when you are about to retire from the noble and
benevolent task you have so klndly and zealously discharged,
the relief and support of the Spanish refugees, we, the members
of the Committee, elected by our countrymen to be the chan-
nel of communication between them and you, hasten to offer you
in their and our names the tribute of our lively and deep gratitude.
It is peculiarly gratifying to us to renew the expressions of dim,
feelings which are common to every one of our countrymen now
England, and which more than once we have been called upon to
testify, for your incessant acts of kindness.
Aliens in the land, under the pressure of that unavoitlab:e a:.l
poignant affliction, which the loss of our country must have
spired to persona fully acquainted with the charms of so sweet a
name, we hare found in your generosity, net only those consolati:na
iinparted by friendship and benevolence, but that rice feeling
delicacy which softens misfortut.e, and renders benevolence equa:'r
delightful to " him that gives, and to him that receives." To
your assiduous attention and constant labour, of which we hat.:
beat witnesses, we profess ourselves indebted for the relief of our
past distress, and even fur the prospect of a better fate in
future.

Be pleased therefore to accept with your wonted goodness tl:i
heartfelt manifestation of our gratitude, with which we will 'lwo s
cherish the remeinbrance of British benevolence, and of the nantsl
of the illustrioos members composing your f'ommittce.
We hare the honour to be, with every feeling of respect,
My Lords and Gentlemen,
Tour most obliged and humble Servants,
(Signed) PHILIP 13.1 URA
MARIANO LoaAsrA
ANTONIO A. GALL% Ncr

- - ....... ....
JGAQUIN LORENZO VILLANU EVA
DOM. RUIZ DE LA VEGA.
Loodor, July lL 11:Z4.
'From the I.;,:taerwrreirt. Aug. 6.1

COTTON.—Tbe holders have evinced some disposition to sas.
mit to lower prices this week, and, in consequence, there has bee-s
a revival in the request ; one contract of 1100 Surats w.O reported
on Monday, et prtees a shade lower ; since then several sales are
reported, but limited as to extent, and generally the buyers hate
purchasedou rather lower terms, though no general decline in O.:
market prices do be stated.
COFFEE.—The demand for Coffee by private contract revire.l
on Saturday and on Monday last, very extensive purchases of lir:-
tish Plantation descriptions were reported, Generally at the advass:e
of 24. pet cwt.—The public sales this week, which were e.atersive,
did not however go off with the expected briskness, bat the i::..
' prorement we have stated was maintained; St. DoMingo has beet
sold extensively at 60.. a 61s. The priers of Coffee co:sauce t.,
fluctuate; there were two public sales brought forward to-day. and
the prices generally have advanced 2s. on the currency of yeste:.
' day, and a brisk market.
111'31, BRANDY, and ROLLA:NOS.—The accounts from
France cantina, unfavourable as to the appearance of the vines. sal
the prices asked are considerably higher. These reports have
considerable effect on this market, and there are now few sellers
eargoes to arrive; Brandies house 2s. Bd. The Runs market et
little varied; for proof Leewartli. Is. :td.,is offered, and there it
still much business doing for shipping.; generally no alteration i a
the prizes can be stated.—Geneva is avaried.

TALLOW.—The priers of Tallow bare improved. and t!
market la brisk; candle Tallow here, is parcels, uott.i:
3.15.„ and lac arrival, :Wis. na.
. _

OILS.—The accounts respecting this year's fishery are so late
arririnc. that the prices of Whale Oil are advancing; for Gren.
land Oil to arrive 231. is now asked.

Mr. Brown, the City Marshal, leaves town this day, f
the purpose of delivering to Mr. Justice Burrough, wa)
tried the two men, Marshall the elder and Marshall :11r
younger, for the robbery at Berkhampstearl. a petitio:.
' from the latter, praying for mercy. Mar,hall the elder, it
appears, is reviled. Mr. Gordon, the prosecutor. strok,fy
joins his recommendation for mercy ; and Mr. Brown, in
order to give all the effect possilik to the recommendatio:..
made a most minute inquiry into the conduct of the r
beth before and subsequent to the rohbcvv. a.:
has ascertained that it has been unexceptionabie.
the robbery he has been employed at 15s. a week in taki-...g
care of some paintings. a presumptive proof that he pre-
i (erred a life of industry to one supported by plunde-.
There are other circumstances to be stated, which will tend
to add to those proofs that the unfortunate man is euthled
to a commutation of punishment.