The British Press; or, Morning Literary Advertiser.
London, England, 1809-08-11 00:00:00

1

SLIMMER 4SSIZES,

CASTLE OF YORK, Ant' 21. 1. •
(We lately pee the substanee'tif tide ("Are, hot eolataAss)
it of !milkiest novelty sad holtatisate, to Me trot* o(
detail.]
•
Before Mr. BA Row iVOOO. •
Pared Purilos, the younger, of Beverley,
county, botcher, was tailicted far the wilful- Templer
af Hobert Gardner, and also charged hiy,:the eouru-
miesisque4 with the same offence. •-; ,
Mr. SCAiILIT opened the rose uu behalf of the
premeciition. He 'aid the facts were sin clear, they
would admit of no doubt. The crime of which the
I'rironer at the bar stood charged, was of the deep-
eid magnitude, according to the lasts of the land ;
and indeed the encieut laws of scripture say, 44 he
tliNt Aiedileth enall's blood, by -num shall his blood'
be .;etd." It is true, in some cases the law admits
nl ,e,ne justification ; the deceased wus a man of
I s.aracter, and had occasionally employed the
i'riso:icr; the Prisoner was a married man, and
b.)111C jealousy subsisted in his mind of en improper
intercourse between the drceissed and his wife, and
he had been heard to declare, previons to the time
of countuittisig the act, that hr. ould stab or she
for Gardner. There is no civilised country could
permit nue to execute his vengeance on another.
admitting he justly entertained those sentiments of
jealousy. The Learned Counsel concluded by
stating. thet he should tbeu proceed to call the
witnesses ; and if the ease was made out to their
satisfaction. they would bud the Prisoner guilty
of murder ; if not, they would hod him godly of
tusitslanlthter.
Ann Clubleylires with Anthony Million', in Be-
verley, near the Minster.—w She knows the Prisoner
and his wife, they lodged iu part of Milburn's
house, and she also knew the deceased. Witness
saw Gardner on the loth April last. between eight
and nine o'clock iu the evening, at Milburn's house;
witness was sittipg, with Mrs. Pardon; don't know
whether the Prisoner was there, or came in at the
time; deceased said he was going to the elnb, and
asked the Kisoner to go ulona with hint. cad "mild
trestaim with a pint of ale. Prismie4 said he was
lunch obliged to him, he liaslltat just had a gill, and
would not go. Gardner then asked the Pi Amer if
he would come to work for him the mottling Ott? if
he had not a better job; to wheels Prisoner replied.
w May in- f may." (lailluer then wished a •iiistd
night, and loft the houiw. Witness saw Giirdifer
again that night. The Prisoner's wife end:witiiess
went to the San public-house, to fetch a penny4Orth
of small leer ; Gasditer was there ; he went out
first; witness sad Prisoner's wife went home with
the beer ; this was shout ;tine sieloek ; about a
quarter of an hour afterwards. witness went to get
a goal' altered, and to pay fur one at Miss IVrig-
glesworth's, m mina-maker, and Prisoner's wife fol-
lowed out and went with witness; shortly after,
Gardner stepped tip to them in Londoner-street, nut

far from Milburnis house. Witness don't know
wlsere Gambier had ben ; it was near dark, and a
little milker tea; he came up behind, as if he was
fullinvisig them ; Prisoner's wife had hold of wit-
ness's arm ; Garlier tai d, .. Mrs. Purdnii, here's
• dark night, take hold of my arm, and I'll see you
home." She left hold of the witness.. rein, and
teak hold of Garduer's; they had not gone above
SO yards, arm in atm, before the Prisoner met them.
Prisoner said to his wife, .. Daum you, I have
found you oat ; take hold of my arm." She said,
H 111 not take hold of your aria, I'll walk without
that." They had not been at Miss Wriggles-
worth's; stud going hoznew4i4, acrusa ‘Vetliierdav
market-place. Prisoner an Gardner atom; with
them ; the Prisoner was in a very gre.at passion.
and &aerie a oreat disturbance. Pnseiner said,
" Dawu you, Gardner, if ever you eider nay blithe
or premises where I owl, I'll stab Yon." datdner
went %lion; with them, motwithstanding what 'the
Prisoner had said. The Prisoner went into the
house first, then the wituess, then the PrieMiet's
wife, and last, the deceased, followed her. droner
turned his back against a lalll4and said, 4. Damn
you, Gardner. I'll stab you ; I saw you huddle my
wife in the street." Prisoner stepped op to Gard-
ner, and 4. I (said the witness) slept in between
them, and said, for Glad's sake dou't kill a man in
our honer." Witness did not are any thing iii his
hand then ; Prisoner struck the blow over the wit-
ness's shonlder; it was on the right side of Gard-
ner; lie gave the witness a piek to a side, and then
struck only once. Witness saw the blade of the
kuife come out of C;ardrier's side ; it was the first
leo/Dent she saw the knife, and don't know what
aorta a knife it was. Gardner said to the Prisoner,
4. you hare dooe for me, I must go to a surgeon."
Gardner our standing when he said this; lie gave
a stagger, but recovered himself ; did not fall, and
walked out of the house immediately. Witness
followed, expecting he wag goilig to the nearest
surgeon, and not far from Dr. Gill's house, found
him laid with his Cite iis the kennel ; witness
tried to get him no, Inn mold not ; she then
knocked at Mr. Gill's doom, and hr came out; they
got him into Gill's, and writhes left him. Witness
then went and called wit Itichord Thompson, who
went with her f.ir a vonstable; of the name of
Thomas Mills; Prisoner was taken soon after-
wards at Milburn's, sitting with him and wile by
the fire.
This witness underwent a long eross-examina.
fun' by Mr. Raise. in which she said, the Prison-
er appeared in a great passion at the time he said
to Gardner 4. I saw yon /Andante my wife in the
street." He was forious, indeed ; his eyes blazed
as if etartiug from his head. Witness supposed he
got the knife from the table, when in this violent
plosion. Witness saw the knife nit the table, which
Prisoner fetched down about eight in the evening,
to cut some beef steaks for loiterer; Milburn soil this
witness cupped with Prisoner and wife. Witaess
says Prisoner did the deed in Limit:ilia jealouseof an
i :spryer intercnnr.e between the deceased and Pei-
raiser's wife, in a naniuent of greet rage, and with
an instrument surkliol, picked up from the table.
—Witnees says, LoodonerMarert is not the nev..,
eat way from Milburn), house to the mantles-
maker's. thnneh net a ea my long wit shoot. 'lt
wits the Prisoner's wise proposed to gh be that street.
and the deceased !Mlle op to them ie. that street .
a le ry Abort time after the Prisoner e.trite •p to
Amu, the deed ens dome He came un to theta
neariy opposite Hobson's. the butcher, which is a
very I:ttle way from their own boost; they went
iinnicrl,stely home. and it hnopelied
.;iist ii6er
going into the house ; it could not ise more than

,two minutes after the Prisoner came up to thews
▪ io Louttuner:street. Iseliire the deed ails dome • this
was sus Monday, the MO of April last, at osght ;
wwitriess says, that nn the Saultlay stight rrecedilig,
et about ;levels o'clock. die eased came to the
'Prisoner's house, the Pnsostitenits in Ins own room,
up stairs, and hit wife helair4liii the apartment of
Millet n. Deeesasie4 propillsett No Mrs. Purtion, to
go with him to Cottingbasalialik snot • g, situshe
tilted for six n'ethlikin the morning ; deceased did
not auk' fO'ftW Prb.llll4 ut all. Prisoner called to
his wife to skinie'terlat, but she did not obey it ; at
length Prisoner came duwia, half dressed, and said,
" Ise was come to see what she was about,' end
fluids ss it would be more proper for her to go to lied
than stay there' Gardner was there then. She
said 44 she would not go till she had .e!eaned her
sh"ss." Before the Prisoner came dowse stairs, his
wile and Gardner went out together, and remained
out abort half ifu hour, between eleven and twelve
o'clock. Gardsereause next moraing at six o'clock,
and knocked at the door; Prisoner's wile hooked
out of the window, and said,'' Mr. Milburn is not
sip yet, my Iwl, thou must cell again."—She,sseut
down stairs very WWII ufterwards ; Prisoner and she
were at high words ; he said to her, 44 if you go,
you need not come back again." The wife said,
ss she mould be domed if she seareld sot go," and she
did go ; they were et Cottingham all the day ; they
wrist together, and came !welt together between
right and nine o'clock ; witness had been out walk-
and when she cause into the house, the deceas-
ed was there, but Mr 4. Purdou war gone lip itch' ;
this was Sunday night. Monday morning after,
hearing something from Mrs. Pardon, witness went
np stairs to the Prisoner ; saw him in bed in a most
piteous plight, his head against the bedstocks, hang-
ing downs, looked pale, and with teens in hi. eves.
Before this time. the Prisoner was very fon I of his
wife ; he was always peaceable, and of a mild die-
posi t boss.
To further questions by Mr. HARDY, when
Prisoner and wife quarrelled about her going to
Cottiligassins Prisoner did not know that Gershier
was to go witlsh,4; before they went into the house,
on 11 lay niplit, Prisoner told Gardner what lie
would do, and Limit oboist two minutes before he
did it. I.r:
Anthony Milburn. samol1
master, of Beverly, says,
the last 11 itisess lives servant with Ilion; on the
loth of April last, Witness was sitting at his own
lire-side that evening; Prisoner and wile bilged
iii Om Witness's house ; about teu o'clock or after,
that Prisoner's a ifecaine ItobertGardner
was witty her. and the Prisoner and Ann Clubley
along with them ; when the Primmer came in, he
turned his hack against the table, put his hand
behind [din. took up a knife, and said, " Demo
you, Gardner, I'll stab You ; I saw you huddle my
wife upin the street;" it was perhaps two minutes
after they came in; It *so' a vary short sinter of tint ;
could not be more; Gardner never spoke a word be-
fore tic got the blow ;. Ann Clusbley stepped in be-
tween them; Prisoner stepped a pace nearer, to Gard-
uer, and gave A an Cl üblty a rattle to one side, and
struckGartliier ; he staggered against a desk, but re-
covered, and said, •• David. yon Live ,lour for me ;"
after the stets war given, -Gisollier weld out to a
surgeon. Prisoner cod side have lived at witness's
house about three months ; never saw Gardner in
their room ; he Tres been at Witness's house two or
three times; he risked Prisoner to go to work for
hint in toe morning; witness never Iseerd Prisoner
talk about Gardner ; after Gardner went.out, Pri-
soner went and bolted the door; he did not speak
to witness. Prisoner said to his wife, 44 If she doll
not stay in the house, he would give her as much."
Out his cross-eisaatinatiou by Mr. Hu to.ocz,, lie
said, they came iuto his house close together; be-
lieves the Prisoner was the first ; did not hear a
word till the exprtsision Aged by the Prismiei. A's
soon as. he Caine in, Clte, Prisoner placed himself
aweissia a table, and isisteetly did the deed. Pri-
soner was in a violent rage and passion, his eyes
glaring like.fine. Witness was struck motionless.
Whilst that frenzy was on him he took the knife
and Jill the deed ; never saw any thing like it in his
life before. Witness, and the Prisoner, and his
wife, had sapped together that night ; Ann Clubley
was about them. Gardner had quitted the house
before supper, and bid good night. Believes the
. women went out to fetch souse small beer. After-
wards Ann Clubley said, 44 she had to go to the
masitua-inskees;" Prisoner's wife said, " she would
go along with her ;" this was a little after supper.
Londoner-street is not the nearest way to Miss
Wrigglesworth's ; witness would suit have gone
that way ; it was expected they set out to go
there. Prisoner remained with Witness perhaps
an hour. but slid not take' any observation of the
time. Priaoiser raid, "the women stay loug, I'll
go look for thesis ;" he got up and went out. It is
not a quarter of a mile to Miss Wriggleswortles;
Witness cooed gn it in ttertniantes or less; to go
to Londoner.street would not take live minutes.
Witness could go to Hobson's, the butcher, by the
farthest way, us live minutes. They had beef-
steaks to supper that bight; the Prisoner brought
some from his room to witness's room, and the
knife with him ; he eat the steaks, isiol left the
knife nu the bible. Witness did nut know much
of the Prisoner, till he came to lodge there; they
r had any words; the Prisoner was very palm-
aisle, and, as far as he knew, behaved well.

Tossing further questions by Mr. STILES. witness
said, they were in the house near two minutes Ise-
•f re the blow seas struck ; the keife was left on the
table by the Prisoner ; he hall fargotten to take it
assay, he supposed, so it remained. As soon he
got Into the roods he turned his beck to the table;
eau% tell the Pritioner saw the knife.

Thomas Ntedley;_Constuble of Beverley, was p:111-
M up nn the Monday night to take. the Prisoner
into custody, afire. *IAA fee took him to Mr.
Parker's, the Queen'. Wad, at Wilt one o'clock in
the morning. The hindlOrd said, " somebody had
!wen using poling (;itrrluer HI ;" Prisoner said " he
had stabbed hire, he (mind him with his wife in the
street." Prisoner then said to his wife, who wits
then standing in the qtrept, a if you don't get home
I'll give yor us much." IVitness left the l'risoner
in the gaol that night, and nest day he was com-
mitted to Yin Clustle. MiHinro's hnose is in Bust-
State, *built twO hundred yards from thetise to
Hobson's, the butcher.

On hi• errais-ricansination Ivy Mr. MUNI. ,Wit.
nom an Isiiir wirl a half had elapsed before Pri-
soner was apprehended. Prisoner at that Iliac said,

a he had found (I.trdner in the street with his wife.
andthat they had been at t (,•ttisigliam together the
day before." Prisoner made no resistance ; and•
opened the door at Milburn's.
James Parker keeps the Queen's !lend in Beier-.
ley. says, that on the loth of April lust, the Psi-
saner was brought to witness's house, by Medley,
the constable. after twelve o'clock at night ; Pri-
soner called for a pint •f ale : witness said, " its
late, I should not hare been up, but somebody had
been ill-using young Gardner;" Prisoner said, "
have stabbed him, and I hope it will be the death of
him ;" he gave no reason why ; there was to snore
conversation. Medley sad Prisoner went away.
Medley was there, perhaps he might hear also.
Prisoner said, ,4 he was ,going to gaol."
Oit being questionet! by Mr. Hou.oce, alto this
conversation, witness raid, they were all together.
Medley was present, and might have heard ; don't
knots whether he did hear or not ; uo doubt but he
might.
. . .

-
'Thomas Payler. lived at Beverley. as foreman to
Mr. Ellis. in April last ; was at the Queen's Head,
sitting with a friend, •taut three weeks before this
affair happened ; the Prisoner came into the room
much intoxicated ; heard the same of Gardner
mentioned; •Prisoner ate% " Damu Gaiduer, I'll
either murder or do for him."

Being questioned by Mr. RAIN u. witness said. he
was uncertain about the time. and Prisoner was
snaels its liquor; the oitness's friend made that ob-
'creation as the time.

Mr. Fleury Gill, surgeon, itleverley. void. he
was called up on the 10th of April last to Gardners
alums eleven o'clock urnight ; found him lying in
the {tonnel with his face downward.; he was
wormded so the right side between the fifth and
sixth ribs ; be died of that wound on the Sunday
morning following ; the wound we.. pearly two
inches wide and four inches deep.
To questions by Mr. Hurting. witness said,
the deceased was taken to the Queen's. Head;
witness attended him there, and having occasion to
go home for something wanting. milli, return found
the Prisoner's wife at the bedside where Gardner
lay ; witness turned her out of the room ; this was
near two o'clock; thinks her husband was in the
Gaol by that time.
The evidence on the part of the Crown here
closed. Ilia Lordship then asked the Prisoner if
he hail any thing to say in his defence; this wes
the, time, and he 1116(1041 he Orsini ; the Primmer re-
pliedi .1 A little, my Lorsl, a little;" and then ern.
eeeded ; " I never had the least intestine to kill
Gardner; we were most intimate friends till within
forty-eight hours of doing the act.. I got out of
bail late on Saturday night, and found Gardner
with my sire, after she had denied Isis being iu the
house; tiny were the whole of next day at Cot-
tingliam together, and on Monday night, at a
late hour, I caught them in the street together,
arid Gardner was taking very improper liberties
with my wife ; he persisted iii following me to my
house, ipotvrithstaruling my aiseli ergitisr !Ma from
doing so; I being in a violent rage seized a knife,
and gave him the unfortsinute blow, no uther
witßa-
liMn bring near me; and 1 was in such a pa..ioa
dial not bum, what I did, and ever since have been
a very inimitable
,mini• My Lord,- and Gentlemen
of the Jury, I intreut you to take this unfortunate
affair into your serious consideration, and shew me
mercy."
Mr. -.se.— Champlay, was called on behalf of the
Prisoner, who said, be was apprentice to Mr.
surgeon, Beverley, and attended Gardner, the the..
ceased, at the Queen's Head; Gardner was folly
aware of his situation, witness having told him he
would not get better in all probability. Witness
!mint( heard of an improper intercourse between
Gardner and the Prismier's wife, the deceased ac-
knowledwsred it, and said there was.

Mrs. litirgaret Harker, of the Qneen's Head,
says. she remembers Gardner being brought-there
about too o'clock; after Gardner was put to bed,
witness saw the Prisoner's wife at the stair's foot,
attempting to go op to G.tr,lner ; witness prevent-
ed her, and told her not to come there ■gain, and
she did not see her afterwards ; witness totil her
she would have her confined, she had been act:easily
to the death of Gardner, and perhaps that of
her own husband.

Ten witneseies or respectability from Beverley..
and other places where the. Prisoner was known,
were called. sine of whom hurl kunerit the Prisouer
from bt•talt a boy to thee. font., anti Ot hitr4 11)111 known
him Rome yerrii; they spre him en excellent ChlA-
rsoer for roceobko,,, soirriety,
honesty. du+-
creetness, and gentlenesa of disposition. Many
mere were ready to be called for the same purporre.
hut by the appearance and t: stiinony of throe
culled, it was though'. unnecessary to trouble the
Court with more.

His Lorrlyhip obiervorl t• the JFIrT, that there
was now no dnnht about the fact, that the Prisoner
at the bar /gobbed airdner, and occasioned his
death; and it was their provinee to comelier, whe-
ther that stab constituted the crime •ef murder or
that of tnsrntaaghter> To constitute murder, it
mud be dune deliberately, oral with malice afore-
thonht ; hut if it proceeded from the sudden im-
pulse of raisin's, arising from is joist provocation, it
would mil, constitute iminshinghter. In the case
of one person striking another without provocation,
that is a justification: here there was no awl of
violence committed, that could °erasion the Pri-
soner to stab the deceased. In the law-books it is
laid down, that a man Mobile soothe► in the act
of adultery with his wife, and he kill him, it will
not amount to the ensile of murder ; it arises from
the sudden impulse of the moment ; from an in-
jury that comsat be borne ; but if a person har-
bour malice in hir mind, and afterwards stall ano-
ther, it will emostii ute mnriler. Von will consider
whether the Prisoner was so provoker& in a ju►t
cause, so as the impeder of pasuntin led him to com-
mit the act. It appear, the deed wars done in the
soli, of tw•o minutes, whirls is a very little time
idler the provocation ; hind it is dear the knife was
not plowed no the table for the purpose. lint merely
happened to be there. If the Prisoner entertained
malice, the deed could not he the sudden impulse
of pasvion ; and you list by the evi,lence of Nled6•y,
he gave to, act mutt of what the Prisoner %Aid after.
wards, as the landlord Parker has none, thoo4lt he
w.av is a situation and might hair heard. 'the Pri-
soner has received a most excellent character, and,
in the opinion given of him, not likely to do such
au act deliberately. If so, the question would

ry‘e: atip,:earsher ft,:rnbemsliveigiven; few; :tiro
ilcierttent
ioii
provoca-
tion? The ease ofa man actually found in sol silte-
might he applied to this case; the Priaoser see, the
mm. in the street taking indecent liberties with his
wife, and, after beiug discharged, follows them into
the house, anil be, snatching up a It wife in a rage, will
be a justiticatioit ; but if yon think the Prisoner only
waited for an opportunity, it alters the cube. You
will take into cousideeation the fact of the deceaisesl
going to the Prisoner's, tinder pretence of getting
him to work for him; the wife.s excuse in going
to the tnantua-maker's, where they met the &eta:—
id, and the fart of the Prisoner finding her taking
hold of G.tolner'st arm, was enough to make e
man in a great passion, and, considering what had
happened before, would naturally make a man
irritated. The Prisoner went out, suspecting he
should iutet her with Gardner, and which, on 41,1
the refining to take hold of his arm; he tells
Gs%nliier.'if he enters the house, he will stab hint.
Gardner slid eider the house, mad the Prisoner
took up the Loire, cud statalted hint. The Prisouer
has had a uniform good character for humanity.
If you arc of oisiniuo he had med.tated the death
of Gardner, you will find him guilty of morder ;
bat if, on the other hand, you are of opinion it *54
done in a state of (relay, you will find him guilty
of the less crime of ntanllaugliter.—Oarliy-
-21/sasiaagAter.

NAVAL INTELLIGENCE.

POIXTSMOUTR, AUGUST 9.
-• • •

Arrived the Piens frigate, with Rear-Admiral
Sir Sidney Smith on board, frtim tirasils. She has
been eleven weeks and one day oil her passage from
Rio de Janeiro. She left there the Ageneuurg,
Elizabeth, Fondroynnt, and Bedford ; also the Ne-
reus frigate, Captain Heywood, from the Eastward;
and the Hardy gun-brig, from a cruise.
Sailed the Mermaid, of 36 guns, Captain Hew.
niker, with a convoy in Anterior ; and Sarpedon,
of 18 guns, Capt. Green, with u convoy to Cork.
The Defender gun-brig will sod to-morrow
morning for Flushing. She takes out Captain
Newman, who is going out to juin his ship, the
Hero.

DRAT, AUGUST 9.

Last night. the (.'o/ypro, w.th several sail of
victualling transports, =aided to join the Expedition
off Flushing; and this morning the brig Des.
Irma:, with a convoy for Portsmouth ; and the
ratter Ida, Lieutenant I)unean, to join Sir Richard
,4tritclein ; also the Hioni6er armed ship, Captain
England, with convoy for Plymouth.
There have been no arrival., this day, from our
fleet, off Flushing, but as tha wind has shifted to
the Eastward, accounts may be hourly expected.
Admiral Campbell hes hoisted his flag on board
the Villains frigate. which remains with the Harle-
quin armed ship, Harmony and Pleatrusihill navy
trareliorts, sad Success revenue cutter.
lour p. ra. tight breeses—Wind East.
COLK, AUGUST e.

His Nlajesty's sloop Helena, Capt. Worth, hav-
ing a fleet of transports under eenvor, yesterday
wailed from Cove, for Lisbon. The koiloivaig is id
list of their names, and those of the troops em
barked an board them :

I.H Georze, PA Harvey, LB Saone! and Jane, VG Tra-
faltritr, II) Lord Releou, with a troop of Royal Horse Artil•
lery, PI Shafts, II Broderick, MC Fidelity, LI Expert..
meant, RR Hylton, IF Ladies Adventure, HY Nancy At)
Richard, IA Sisters, with draft artillery hums, and AC Da.
via, with ordnance and camp stores.
Sailed also yestertlty, Ms Majesty's sloop Brisk.,
Capt. Cootie, for Portsmouth, and .4 transport filth
troops.
Arrived His Blojesty's ship Druid, Capt. Sir
W. Bolton, from a uruive.

AUGUST 4.
Arrived yesterday the brig Firma., from %'urgia
nia, with flour for orders. The 15th July, lat. 43.
12 N. long. 4.. W. spoke the American ship Ilea-
tiaA, Capt. Itotatisoio„ for Philadelphia. which sailed
from hem? the 46th June; was boarded about tru
drip; after by a French hri4 privateer, from Guada-
loopy, sod plundered of four boles linen stud other
a►tieks.

IRISTOL, ♦OO. EL

Come in the &Ivy Comae. —, from CH4IIZ
Catherine, Curtis, from Virginia ; Friends, Ilsm-
mewl. from Lisboa ; Geartriead, Chamberlain, from
Virr,inin nod Cork ; Cornwallis. —, auud Lord
Nefron Falve;, from Cork ; Williipw, Leer, from
Beate!: two Spawn& vessels frogs Gijon.

PRICE OF STOCKS YESTERDAY.
Bank Stork

s prr Cent. Reduced 4411
S per Cent Console. ..... .. .. tin i
4 pee Cent.
5 per Cent. Nary .. ' Pi 9
Lostig Appesities ........•.........ri5t-o
Otuninns . .. .
India Stock
Inglis fluu4 to itt prim.
Exchequer Bills
English Lottery Tickets til. Ile.
Consoler.*
• it. 131S11, Clock •Lrokkr,
4, CrWilitill, and 9, Clearilig.crosa.
_ . _.. .