The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-22 00:00:00

iIUME CMCL'IT.

•
VIM ASSFEES, CWELK 'Yowls, JULY SO.
CROW3IBIHE.
' In consequence of the temporray indisposition of Lord thief
'Justice Beet, who became ill yesterday from the intense hest of the
weather, Mr. Sergeant ON &Low rat for his Lordship to-day on
the Crown side. It is expected that the beamed Judge will be
able to resume his duties to-morrow.
William Richard Hamilton, a young man Of respectable sp-
Pearance, was indicted for stealing, at Colchester, on the 21th ult.
a bora...the property of Ephraim Oiler.
r. liWou conducted the prosecution, and Mr. AnnnEws and
Mr. Law the defence. j
It appeared that on the night of the 27th June, the prosecutor
lost his horse from a paddock at iValton.upon-Thantet. On the
Ist inst. the prisonte was found at Colchester, in possession of the
horse, which be offered to the master of the Three Cups Inc, in
exchange for another horse; and M. to boot. Being asked where!
he came from, the prisoner represented that he was traveller for the
house of Messrs. Taylor and Co., hat manufacturers, of Black-1
friars.road, and that he had rirlden'the horse in question for three'
' years. He was taken into custody 6 suspicion of stealing the
horse, and, when in care of the constable, he represented that he
had obtained the horse at Martin's Peery stables, City-road, by
giving another horse in exchange and paying 81. on the 28th of
June.
' The defence set up for the prisoner was two-fold t first an aliLi,
and second that he had purchased the horse in the City-road on the
38th June list.
. .

Michael Weston, son of a horse-dealer and livery stable-keeper oft
London-wall, proved that he had known the prisoner for about five
years. He (prisoner) was a borse.desier, and resided in Plammer-
street, City-road. On the 27th June he was in his eornpany the
greater part of the day, dined with him by appointment at the
Three Crowns in the City.road, and afterwards went with him to
visit a friend named Darts, in Whitecross-street prison, and re.
mained there with him until the prison was closed at eight o'clock
in the evening. The prisoner had no stables of his own, but used
to put up his horses in the stshles of the Grey Horse, City-road,
kept by a person named liar in. Witness never knew the prisoner
to be traveller to the house of !dews. Taylor and Co. of Black.
friars-road.
Mr. and. Mrs. Arundel, who keep she house in which the priso-
ner lodged in Plummer-street. proved that the prisoner slept at
honiesittring the aiaat.of the 27th June, whop the horse in question
way supposed to have been stolen.
Ids. Wm. Henry Salt. a ooal.merchant, and clerk to the house
of Messrs. Douglas and Co., anti residing at Dalby-terrare, City.
road, a person of very respectable appearance. proved that he hid
employed the prisoner to break a horse, for which witness gave 90
guineas. On the 28th of June he called on the prisoner, at the
Grey Horse livery stables, to inquire about his horse, and found
the prisoner dealing with another person, a stranger, for the horse
in question. Heard the prisoner agree to exchange another hone
for the horse in question, and saw him pry the stranger CL, and
the horses were exchanged ; the stranger could not write, and wit-
ness, at prisoner's request, witnessed the transaction, and signed
the receipt for the money.
Mr. Sergeant Oxer.ow summed up the evidence for the Jury,
and left them to say whether, under all the circumstances, the de-
fence act up was probable or consistent with the prisoner's conduct
when at Cold 'tier.

The Jury found the prisoner Guilty.
The prisoner heirg called upon. whether he had anything In say
why sentence of death should lint be passed upon him, declared in
the most vehement terms that he was entirely innocent of the rob-
bery, and that he became possessed of the home in a fair course of
dealing.
Mr. Sergeant Oxstoow passed sentence of death upon him.
The prisoner left the dock declaring, in a paroxysm of grief, that
if he were executed he should lie murdered.

A strong sensation favourable to the prisoner was excited by
the testimony given in his favour, ax well a, from his deport.
ment throughout the trial, which was perfectly decorous and re-
spectful.
Sunni:! Rugg and Joseph Constabk were convicted, upon the
clearest tviience, of stealing sheep at Great norkaler, on the
29th of June, the property of William Partridge, an extensive
farmer.

The prisoners were noto•ious characters. and had been long sus-
pected of plundering the neightnatring ftocks.
Sentence of death was recorded.
John Panne was indicted for feloniously killing and slaying
Ben Tanis Gooday, at AViCtStrt. on the 10th of May.
Mr. ANDREWS conducted the prosecution, and Mr. DowLiwu
the defence.

It appeared that on the day in question the deceased was drink-
ing at a public-house in 11' khan, and quarrelled with several per.
sons in the tap-room. He challenged the prisoner two or three
times to fight, but the later having previously suffered nine
months' imprisonment in consequence of an affair of the kind in
question, declined the contest. The deceased übused him in the
grossest terms, and at last stmck him, whereupon the prisoner re-
turned the blow, and the deceased fell with his head upon the
hearth-stone. Ile was taken up senseless, and at the end of three
weeks died. After death the head was opened, and there appeared
toile a rupture of one of the blood vessels of the brain. which, in
the opiniou of the surgeon, was the cause of death. There were
two slight external wounds on the head, but not sufficient to cause
death.

On his cross-examination, the surgeon was inclined to think
that the rupture of the blood vessel might have been occasioned by
the excitement of anger, especially as at the time of the conflict
the deceased was in a state of inebriety.
31r. Sergeant 0 wst.Ow summed up the case for the Jury, and
the prisoner was found Not Go;lty.
John Powell was indicted for killing and slaying Wm. Cornell,
a child of eight years old, at Saffron Walden, on the Lech of
March, by throwing him under the feet of a horse, whereby he
waarrodden to death. _ _

Mr. BRODFAICIE conducted the prosecution; and Mr. AN-
DREI!e the defence.

The principal witness examined upon the Coroner's Inquest
having been a few days afterwards kicked to death by the same
horse, recourse was hail to his deposition taken by the Coroner,
pursuant to the Statute I and 2 Phil. and Mary. It appearing,
however, that the witness was not sworn till after his evidence was
reduced to writing,
31r. ANDREWS objected that the deposition war inadmissible,
the evidence not having been taken at the tittle under the sanction
of an oath.
Mr. nnoorslCK said he believed the universal practice before
Coroners and Magistrates was, first to reduce the evidence of the
witness to writing, and then swear him to the truth of the state-
ment. In the King a-. Kiddy, 4D. and li., 734, this practice was
undoubtedly reprobated by the Court, as irregular, but it was not
expressly decided to be illegal.
Mr. Sergeant ONSLOW said he agred that the practice was eer-
tainly irregular ; but in the absence of any express authority to the
contrary, he should reeeive the deposition.
The deposition was accordingly received; from which it ap-
peared that the deceased had been trodden upon by a borne, but did
not die till next day. The deceased made some declarations pre-
-1 judicial to the pri toner ; but inasmuch as there was no proof either
that the prisoner was present when they were made, or that they
were made when the child was under the apprehension of death,
the deposition was finally rejected. For the latter reason, the
evidence of other witnesses to the same effect was also rejected,
and there being no proof to bring the cue home to the prisoner,
Thelcamcd Scstocawv directed an acquittal.

Verdict—Not Guilty.
Jrm. Speller and Jones (rood were indicted for killing and
'elayrng Richard Webb, at Nazing, on the 16:It of :vine, last.
' Mr. Minx conducted the prosecution, and Mr. Jessore the
defence.
It appeared, that at last lazing fair, a fight had been " gotten
up," to termituttc the sports of the thy. During the tight the de-
ceased quarrelled with the fattier of prisoner spetkr. and struck
him. The father being en old man, Speller told the deceased that
he would tight him, he being a better match for hint than his
father. A ring was accordingly formed. Three rounds were
fought, and in the third, the deceased was knocked to the ground,
and never rose again.
There were no external marks of violence on the head ; and the
surgeon giving it as his opinion that the deceased, who was of a
very plethoric habit, might have died of a common apoplexy, in-
duced either by his own violence loam& the prisoner, or by mere
paation.
The Learned SE nomege interposed, and directed the Jury to
acquit the prisoners.
l'ertlict—Nut Guilty.

•WEST.ERN CIRCUIT.

WILTSHIRE ASSIZES. &tummy, JrLY 20.

SIDE.
Before Mr. Justice GasELEE and a Common Jury.
CALLEY v. CAVNON (THE PeCII.:IT).
Mr. Sergeant PILL (a ith whom was Mr. Slit UEWITIITI)
stated to the Jury that this was an action for trespass, in which
Mr. Caller, a gentleman of respectability. and owner of Burderop
Park, in this county, was plaintiff, and the defendant was a person
of the name of Cannon. a pugilist. In the declaration the de-
defendant was described as •• en idle and ilissollte person, not an
apprentice," anti under the dth and fah of William 111. all Idle
and dissolute persons. convicted of forsaking their lawful employ-
ments. and wasting their time in shoving, and otherwise destroy.
ing game upon the lands of others, were liable to an action for
trespass, and on conviction to .4e payment of all costs or damages
thereby incurred. The trespass complained of hail been committed
on the property of the plaintiff; in the month of November last,
and if he could succeed in establishing it, and also that the de-
fendant came tinder the description of the Statute, he entertained
no doubt the Jury would come to the determination of giving their
verdict in favour of his client. The Jury might be desirous of
hearing who was the individual that that was described in the pre-
gent action as "an idle and dissolute person." That pawn's real
name was Thomas t'annen, bin he was perhaps better known as
•• the great Cannon of Wilitisnr," or " the Windsor Great Gun."
Ile was a 4entleman of considerable notoriety, and no small eele.
Itchy in his calling, which was that of a boxer, and among other
lofty claims had endeavoured to obtain for himself the title of
Champion of England. l'udtu'aly by this time Mr. Cannon had
obtained for himself that enviable distinction, as he (Sergeant Pell)
understood that lie was yesterday to have contested that honour with
another hero of the fist. Not haring the hotiour himself to belong
to the fancy, he could not undertake to compete with moons of the
defendant's calibre. (A laugh.) lie should, therefore, endeavour
to get rid of him as expeditiously as possible. The Great Dun was
inhnitely beyond his range, nod it gave him considerable satisfac-
tion to perceive that the only opponent with whom he should have
to contend on the present occasion was. his Learned Friend Me.
Molting, who, although as tact:lent lawyer, was no pugilist, and.

Oould find himself at a Toss to coaled successful defence in this case.
The case he had to prove consisted of two branches first,
that the defeaetant had comniitted a trespass in the plointifFs
grounds on the sth November, by killing game without int tole-
quote authority; and next, that he was locluded in the provisions
of the Act, and cool(' be proved to be an idle and dissolute person.
' who had neglected his pro and ordinary occupation, and beu
token himself to such file pursuits as those described and fort
bidden by the statute. With retard to ear first point, the de.'
fendant, who had be fassowly wasingad in the more humble, but
honester emplayromit alt a sinitlipme. at Windsor, relinquished
Mt occupation sad Week lineelf is the idle, dissolute, divot..
derby, but amps Mempeelitabie trade of pita ilium rThe proof
of this single circumstattee would, in his opinion, be sufficient to
show that the defendant wait one of thompersoua denten]; latest in the
statute, and described as idle and dissolute, epithets which applied
with particular truth and felicity to persons in Mr. Cannon's
line of life. Pcrlapa, indeed, theitemere no individuals to whom
the deacription could with equal justice and propriety be ajoilied,
theft to prize.fighters of every .deaciiption. and the present defend.
aro among the rent. The plaintiff hard been frequently given to
understand that this man, tat common with others of a similer
stamp, had committed acts of trtapass on his property at different
timm, and in fact, had octet' in a Rummer Ruches no individual of
the rank in life of Mr. Galley. could be expected to permit, with-
out an attempt on his part to put as end to and prevent a repeti-
tion of similar acts.Llnder these circumstances, the plaintiff had
found himself compelled to adopt legal proceedings, and institute
the present action for the protection of hisrights and property, both
violated by the defendant. Mr. Ca/ley had previously disposed of
his estate of Burderop Park, for a limited period, to a gentleman
of the name of Hsyne, who was also, an the Jury might happen
to know. • person of some little celebrity. That gentleman had
thought proper to associate himself with the defendant, and others
of a ahnilarcharalter, whom he invited to aartake of his hospitality
ate Burderop Park. Now, this would have beets all very well if
the present defendant, and his companions, had strictly confined
themielvm to tha enjoyment of the hospitality of their entertainer,
and not, by molesting Mr. Colley, afforded grounds for the preve t
action. llowe'rer, this they had not thought proper to do, but lied
intruded on the.plaintifFs private estate, and molested him in the
enjoyment of his property, by thrusting themselves into parts of
Mr. Calley's estate, which had not been let to Mr. Royce, and into
which they were not authorised to enter. When the plaintiff re-
monostrateol with Como° and begged ot'him is discontinue the of-
fensive conduct, the latter replied w:tb an oath "be would shoot
where he plassiiisissepise of eorfarem"4lo6-firethertorcittard trim.
self in a most insulting and impertinent manna%
.--Jarrotn, Mr. Haynes mffinekeepera was coiled for the ploin-
tir, and deposed as follows f—lh November last I was under-game-
keeper to Mr. 'Jayne at Burderop. On the sth of that month I
saw Cannon the defendant in the great copse which briongs to the
plaintiff, lie had too setter degs with him, and I saw him on that
occasion kill two pheasants. I have seen him there repeatedly,
more than a score times, and (le ee with Tom Belcher along with
him. I have seen him with the groom and dogkeeper. I was dis-
charged by Mr. Mayne on the flth November. On the following
morning I saw Cannon, and he offered me 101. not to inform against
him. I refused it, and lie then offered me 201. Ile talked of his
match with Josh. Hudson, whom he said he should beat, by which
he expeeted to get 7001.; and he added, " he did not care for a
d—d thump in the head for the sake of that." 1 saw him again,
and he then told me the plaintiff had warned him not to bil(10t ally
more on his grounds. He added, he would shoot on Mr. Colley's
grounds in spite of him or anybody else. After this I frequently
SIR him on Ale. land.
Cross-examined—At this time Mr. Rayne was living at Bunte-
rs* Mr. Mayne was tenant of the park and manor, 'he had the
illover to shoot over. Cannon went out to *hoot with Mr. Ilayne
sled a servant. I know the great copse Is Mr. Calley's'property,
he calls it. his wood. I have knnon him IS years, and have
beard him my his lands are in the possession of his creditors. Can.
71011 offered me 101. and then :.Mil. if I would promise not to inform
against him for shooting the pheasants ; lie said he would give me
1201. if I said no more about it. lie came to my house, and told me
had heard I had informed against him. I told him I had, and
he called me snide and offered me 10/. to say no more about it.
Re-examined—Cannon made me this offer; he said Mr. Colley
had spoken to him. The wood in the copse is cut every year, and
Mid for Mr. Colley. I know it, because bills are pasted up re-
specting it. Mr. Calley's servants cut the wood; some of these ser-
vants have been in his employment 30 years. Cannon remained at
Burderop for some time utter the conversation with me.
Mr. slullingw—l am Mr. Calley's attorney. Mr. Colley was in
MK-salon of the wood on the sth of November. He continues so
op to this time. I have received payment for the wood cut on the
eyrie for 111 r. Colley's sole account.
Mr. Sfax XI Nr o. for the defence. It had been stated on theta:her
side, that plaintiff was a gentleman of property, resident in this
,ostauty. That might have been once true, but would no; appear to
bow now, for in consequence of 51r. Colley*s embarassments, the
tattoo and manor of Burdemp had been let to Mr. Ilayne. The
asanor wan, indeed, the principal inducement to that gentleman to
become tenant of the property, as he conceived it to include the
eight of shooting over it. 51r. Ilayne, as it would seem, had had
a slumber of visitors at Burderop, and among the rest, Cannon the
Imeesstisfendant. It appeared in eritler.ce, that he went out with
din ONsekeeper, and shot atone pheasants. If Mr. Ilayne had a
right to employ tiny one to kill game, he might employ Cannon for
that purpose. With regard to 51r. Colley, ho had no more right
over the game than any of the Jury. The present action was
founded on the 4th and sth of William 111.
Mr. Justice Oast LEE did not see that any satisfactory evidence
had been proposed to show that the defendant was a dissolute and
idle person under the meaning of the Act.
31x-aiergasat 'sidearm the defendant talked of
a prize-light, between himself and a person named Hudson.
Mr. Max smo continued—lle was happy his Lordship had
anticipated what he intended to have said with respect to the want
of' evidence as to the defendant being an idle and disorderly person.
The present action was brought and sought to be supported by the
testimony of a discarded servant, and that was not the only circum-
stance worthy of attention; for the plaintiff, who brought this action,
had countenanced, if not caused informatioro to be laid against the
1 defendant for the purpose of recovering penalties for the very acts
111011 made the subject of a civil action. He was ready to admit
Cannon (the defendant) had been in the come in question, but he
was prepared to maintain Gannon was there not in lila own account,
Met as the servant of Mr. Ilayne. The object of the plaintiff in pro-
seeding against Cannon, under the Statute of William and Mary,
was to procure full costs, although there should not be more than
half a farthing damages. That eircumatonce proved more than any
thing else the nature and spirit orate prescot fiction. The creditors
of Mr. Colley were in possession of his estate, and should the
Jury give but one farthing damages, that fathing would be for
the benefit of his creditass, unless the plaintiff broke trust.
Air. Justice (fast CEO —Let its not go into that, Sir. Manning
that is a ease for the Court of Chancery. (A laugh.)
Sir. 51axxraro—Vess my ironl, the creditors would have to
lilt a bill in Chancery for the amount of this verdict, should it
be in favour of the plaintiff. The striking of the des-cription of
closes out of the declaration, furnished another proof of the manner
in which the action had been brought. The defendant offered to
let judyment go by default.
Sir. Sergeant PILL asked if his Learned Friend meant to prove
these stntentents?

Itlr. MANNING would prove theta in the same manner as his
Learned Friend proved three-fourths of his statement.
Mr. Sergeant Prat —lf his Learned Friend proceeded to make
such statements, without proving them, he should claim his right
to reply.
ltlr. MANNING would not go into the facts, although less fere-
, levant than much that had been stated by his Learned Friend.
He maintained there was no proof of the alleged trespass, nor of
notice not to trespass, except the testimony of a discarded servant.
If Cannon had no right to be in the close, witness had none, and
his conduct was net such as to entitle him to credit so far as to war-
rant the Jury to find a verdict upon it.
Mr. Justice (dAsELEE stated the nature of the action to the Jury,
and observed that the statute upon which the action was brought
was passed for the protection of landholders and the interests of
those men who, not regarding their owt: benefit, wasted their time
in shooting game. That statute was nut of the question, and the
points the Jury had to determine were simply, whether the plain-
tiff' was is possession of the wood at the time of the trespass, and
whether Mr. Ilayne had the right of shooting over it ; for if that
right had been conveyed to hint, he might grant it to others as he
• pleased. But if the right had been conveyed to Mr. !Jayne alone,
then the plaintiff must have a verdict. On that point, however, it
seemed they were to have no information supplied to them by Mr.
Ilayne, who might have produced the conveyance, if any existed.
He had not done so, but left the matter in the dark. If plaintiff
was in possession of the land, he must have a verdict, although he
had to acconto to his creditors for the amount If the Jury gave a
verdict for the plaintiff, they would say, considering all the eircuni-;
stances of the case, to what amount ce ainages he was entitled.
The Jury returned a verdict for the plaintiff—damages one
shilling.
Mr. Sergeant PELL applied to the learned Judge to certify, in
order to give the plaintiff' his costs. •
GASELEE said, there was another action against the
same (lei:taint, which he should like to hear first.

It was then agreed between the plaintiff and defendant'a Coun.
eel, that the latter should submit to a verdict in the second case
simiiar to that in the first.

Mr. Justice GASELI:E granted the certificate. observing that the
defendant ought to ray the costs of the first action.
The cases at Nisi Prins being all concluded, Mr. Justice
GASELTE took sonic criminal trials of no public interest.

CROWN SIDE.
Before Mr. Justice LITTLEDALE.
CHARGE OF CHILD MURDER.
Maria Green was put lb the bar, indicted for the murder of
her new-born male child, on the 2d of March, at Caine, in this
county.
The prisoner was a pretty, simple-looking girl, about 10 years of
age, of an interesting appearance, ar,d at the time of her arraign-
ment, and afterwards during the progivis of the trial, appeared
much affected, and deeply sensible of bee unhappy situation.

Mr. II URCOMBE cared the case to the Jury as it afterwards
appeared in evidence t and observed. that the most conclusive
evidence was necessary to establish a charge of such a nature as the
present. It was first requisite to prove that the infant had been
born alive, and in estab:ishing that fact there might exist con-
siderable dificulty, as the test formerly relied on (that of the
lungs floating in water) had been *lnca exploded. However, if
the Jury did not think the murder pretved against the prisoner, it
would then be for them to consider how Ise Ilse prisoner appeared
from the evidence to have concealed the birth of which ;
was o crime punishable not by death, as the former. but by im-
prisonment for such space of time, not exceeding two years, es the
I court shooht think proper to direct. If the Jury thought the
, prisoner guilty of the capitol theme, they would sey rot or it of the
vhbeLervieu—lld Locti:heszirywanertuict!
bit.
Hietalto;y:of
Quest
er.
othceramoluer:e4

. . . • ..
•
ford, in the parish of Oahe, in this minty., . prisoner at the notillinely =eg tins but ha 3 nBo9llllotedif lie on. It.
the
bar was mifellow-servant ; she was house-may, am nursery- works In the I had said nothing eit him.
....,
_. . .• .
maid. On the evening of the Ist of :11areli, I wax taking my tea In answer to questions put by the prisoner.—He had a
with the prisoner; prisoner said she WAS very pobefis and thought knife housed foe coifing u beet', but it wit diffeeent frau the
she should go to bed as soon as she had het tea. She asked me to he used on that Might ; he has used each a case sdhfrtlruse for stet-
do her work, saying she had a violent path in her bowels. This tine up cattle, bat it was not Mal own ;it warneetrefery for him to
occurred between flee and six o'clock in the evening. The usual hare such a knife oingeemem; I took all the hikes away, belies,
time cf going to bed was nine or test. I don't know whether psi. I thought ptisonet fiat going to the work-house along with ass I
SOAR went to bed at that time, hot I saw her about eleven o'clock, he was not intexiuted so as not to be sensible of what he was
and asked her hew she was ? when she said she was much emu, he hail had some beer ; softetiihes in the *inter he Is
but hoped she should get better soon. This was in prisoner's bed. shortness of broth, but I don't know that it streets hisksbetteilti
room. I ten her thtre after 1 had spoken to her. Priacner stem never knew him to balmiest:l*th hie heed that rendered him ilia
by herself that night, Mary Smith, who generally slept with her, ranged in his Intellect; I have eviler known hiin out its •
having gone home to Compton to tier footle the day before. I except when crazy drunk ;he has sometime:shade or=
next saw the prisoner about six o'clock the following morning, in bad health that way in the itintee stescne I ' idlialiol•-
4
cleaning the parlour. We had no conversation then. klary Smith his head. is as good es another man's; I did not call aith.o94lo. •
Came home soon atter, and went 01) to the prisoner's bed-room, and way names In the mune of that hfternoon ; I only celled hhei i
called me in. We unsaved certain appearances that excited our blackguard when he was going awity ; I did not call him a ASA '••
suspicion, and communicated them to stay mistress, Mrs. Heath. Itv-examined.—llly husband usually hiss the exercise of Kt
Mary Smith-1 was a servant at Mr. Heath's on the Ist of reason in the same tay aa any other man ;he Won Stoehr:ly well
March. I am under dairymaid. I know the ptiseeer, and was what ha Was aboat when he entered thetoom to stab the. .
in the habit of alr'epieg with her. I retuned from my orient on Elizebeth Marks..-1 saw the prisoner in the room of Oil *Mk! •
the 2d March, and observed the same appearances about the bed as house where the women sleep, about hint e'clock el the 9th of
the last witness, which I communiemed to my mistress. Before May t I observe': What paned between ptitontr slid his wife oa
and after this I saw the prisoner, who was about her work as that occasion • it was just the same as described btr the laat wit.
usual. next ; in addition to. his attack on his wife, the prisoner stabb
Cross.examined—l was in the habit of sleeping with the FS. tut in the side, when I went Co asilet her i I bald nh r
*once before she !d of !Birch, and she never comthunicaten to me giitn by Elizabeth Blake. . . .
any thing about the state of het health. lam 18. I knew nothing Ily the prisoner:a-1 did'ot tell two of three direteM stOtilm, fit
of the prisoner's situation. strew prisoner stabbed his wife twice while In bed; I told the
Mar v Meredith-1 live at Quemetford, and recollect being sent Magistrnte he Idtd sem knives, a large and a small one, withthe lat.
for by Mrs. Heath on the 2d of Mireh. We went up to prisoner's ter he stabbed site 4. 1 did'nt see what he did with the large knife.
bed-room, which bore the appearance* of a woman haring lately The prisoner, Who displayed great ingenuity in era wnexactsining
lain-in there. Prisoner came up. and we asked her .. Is some. the witnesses, said thlt doe not cortespond, my Lord, with what
thing particular had not occurred ?" She said " No." We told site said about the knife awhile age,
her ••• she must have had a rh11.1." She denied,if. We then searched Mary Chsunt gave a similar ac;:ennt or the thexaCtioh erith tha
the room, anti could End molting. Mrs. Heath desired her to preceding witness; and farther deposed that after the knife wail
open her box. Prisoner unlocked it, after a good many scruples taken from the prehmee she tint it under her pillow, and afterstards
and much hesitation. I opened the box. we obsehred a male gave it to Sarah Taylor, who delivered it to Mr. Burbidge, After
tchild in it wrapped up in flannel. The child was dead. We his wife lel: the room, python& attempted to stab her with anothet
asked bcr, " Why she had concealed her situation ?" She made knife, not succeeding in which, he knocked her down. Prisons!
SO anoint then, but afterwards said, " she did ant know what to also stabbed the last witness in the side.
do." The child appeared a new-born infant. There were marks By the prisonet.—Prisoner never gave the any offence in fily 116,
or, its neck, anti the skin was broken, with an appearance of having I had not hold of prisoner at the tame he struck ate. There wad'
been torn upwards. I observed nrthing more, no animosity betweee its.
Cross-examined—Tiro maiks were ,on the neek., and the skin ap. Sarah Teylor—/Ite has witness, Mary Chom, gem me the'
peered al tf tdikt up.— ' '''' —' ' ..'. ' knife. which I atinioa to Mr. Burbtege (the goner= of thd •
By the Cocar —I don't know whether the prisoner is married. workhouse).
Caroline Wheeler and Nary Smith being recalled, deposed that Ile the prisoner.—Prhioner was notice intokicated di pot to line*
' the prisoner passed for a siegld woman. She wore no wedding_ what he was about. He appeared a little in liquor. He had earl
ring. Prisoner said site lived at Calloway, but they knew nothing of one pot of strong beer in the shop; but not of term
of fret friends or relations. • Mr. Wm. Iturbidge.—l am governor of the workhotme. The
Mr. 0. S. Ogleby—l am a surgeon at Caine. On the 2d of last witness delivered me a knife on the 9th IlleY, which Idelieered
March I was sent for to the house of Mr. Heath. I saw a dead to Mr. Sutton ' • the knife appeared in Be stained. •
male child above stairs. Prisoner was in an adjoining room. Mr. Wm. Sutton.—Mt. Burbidge deliiered and a knife on the
This was about ten in the forenoon. I observed marks on the 211 May, which I now produce._ (The knife was handed up to the
neck of the child ; they were bruises, as if it had been grasped Jury and appeared a formidable loohleg weapon about eight inches
firmly by a hand or hands ; there were considerable marks of vio- long, with a sharp point and bowl in proportidn.)
lenee. The skin was :heeded, and there were marks of extmvasa- Miss Ann Nash.---I am daughter of Mr. John di'itell, a ender in
tion of blood under the skin; there were little scratches and pinches this city. I know the prisoner, and sew him on the evening of the
externally. I opened the child, and examined the lunge. I also 9th elf Mn in my fathers shop, it was between eight End nind
examined the neck, and ascertained the extravasation of blood to o'clock. 1r brought a killing knife such as this.—(The knift troth
exist, the marks of which I. had seen externally. In my opinion here handed to the Mtness.)—This it the knife, it has the prim
the child was not prematurely born. r think it was born Mite. 1 marked on it in my Writing. I tun certain of It. It Is a knife for
form that belief from liaviog examined the lungs, which I took out ,killing rattle. •
and placed in a basin of water, when they floated on the surface. The Prisonet—l anti indicted as a labourer, and Alias Nash
Front that circumstance alone it is that I form my opinion of the knees lam a butcher. I wish her to be asked whether lam not
child's having been born alive. If the woman had grasped the id that line?
1 neck of the child in the pains of delivery it might have occasioned The COURT informed the Misonet as he had pleaded to the
its death. From what I afterwards observed I have no doubt the indictment his objection could not be now received.
prisoner had been recently delivered of a child. The Prisoner—l don't mean to object to the indietment, my
Crou-examined—The lungs of the infant were not sufficiently Lord. I only wish to prove lam a buteicr, and have occasion to
expanded to till the cavity of the breast, and on that account I use knives of that description.
think it extremely probable the child might have died in the course Cross-examination continued—The prisoner ageism the butcherS,
of the birth, or immediately after. The marks I have described, as I have heard. He might have been a little intoxicated, but
and attributed to a compretision of the neck might have been acci- knew what lie was about. He wanted the knife cheaper dam I.
dental!), occasioned. The notion, of the lungs floatirg or not in sold it.
water forming a certain test of the state in which the child was Mr. W. Bestiniale—l am a swoon. I saw the prisoner's wifil
bom is very prevalent ; in my opinion it forms almost an infallible on the night of the 9th of May. She had received a severe ent o•i
test. An inexperienced female 'night not here been aware of the the abdomen and another on the inner part of the thigh. They
full extent of her situation. as ;to the exact period of delivery. I appeared to be stabs. I attended her for nearly six weeks. The
think the lungs would not have floated in water had nut the child wound on the abdomen was dangerous for some time. It was suf.
been born alive. ficient to have occasioned death if not properly treated.
.
Mr. Justice LITT 1.1! DAL E—Are you not aware that many emi- Elizabeth Blake recalled, and crossmkamined by the prisener.—
nest medical men think differently ; that the opinion yen entertain My husband has been in the habit of cutting up boats for some
has been exploded ? and that the majority of the profession lay no some years, but he could not kill them himself. He may have oe_
stress upon the appearance of the lungs subsequent to death ? casionally worked in the elaughtet-house When they had a bullock
Witness—The test I referred to has been sorthoimee lightly to kill in some part of it.
treated in Courts of Justice by professional men, out I consider it The prisoner—She knobs the knife is necessary'for the purposes
as an almost unerring one. of my business.
31r. Justice LIT TLTIDALE—YOU do net appear old ennuedi to . The rase thi the proseettinn being closed, and prisoner called
have seen the late Dr. Hunter, but you must know he was one et upon for his defence, he paid he had procured the knife for his
the moat celebrated surgeons of this country, and that he asserted memory occupation, and did not purchase it for the purpose of
no dependence was to be placed on the test you rely on. stabbing any one, which was unnecessary, as he bad a large clasp
Witness—l am aware that was his opaline my Lord, but I en- knife at the time. He further mated, that he acted under the influ-
tertain a different one ; and I believe mine is now the received ence of intoxication, hating drank more ale titan was good for him.
theory among medical men. In addition to that, his wife had reviled and exasperated him, and he
Mr. Justice LIT TLEDALE —Then it must be within the last was mein gone in liquor to be master of himself at the time. He
year or two it it is ; for I have beard some of the most eminent of merely recollected leaving the workhouse, but nothing that hap.
them deny it, pened there, and had no design whatsoever to commit any injury
Ills Loansnt P then proceeded to charge the Jury, and toll upon his wife or any other person.
them that he was not of epinion the capital part of the charge had Mr. Justice Ltrottnase summed up the evidence, and the
been supported by the cytosine. Even allowing the theory of the Jury immediately found the prisoner Goilty.
medical witness, one pot of his evidence went rather to disprove Judgment of Death was recorded against the prisoner.
the chore of murder, as he had intimated his opinion that the .
Mild might have expired in the course of the birth, and before it
had been completely born, It was, however, his duty to inform
the Jury, that under an Act of Parliament passed a few years back,
the concealment of the birth of a bastard child was punishable by
imprisonment ; and he was of opinion the concealment had been
perfectly established against the prisoner.
While the Jury were considering their verdict,
Mr. SMITH (tor the defence) took an objection on the subject
of the concealment of t: s birth of the child, on the ground that
there was not any evidence to prove that the prisoner was not a
married woman, and eonsercrentiy, no evidence to establish that
she had given birth to an ill violate child, the concealment of
which was punishable und• r the statute. The law always pre.
maned legitimacy where the contrary had not been proved ; and,
as his Lordship knew, that maxim was laid down in Vince, and
mote fully explained in Nolan's book on the Poor Laws.
The Coe ter did not see the validity of the objection, and con-
sidered the facts of the prisoner haring passed for a single woman,
never being observed with a wedding-ring, or making any pretence
to the character of a wife, ass affording strong presumptive evidence
of her being unmarried. As to ths maxim, that the law was in
favour of legitimacy, that was only in the absence of all proof to
the contrary ; but here there was at, least presumptive evidence ot
illegitimacy.
Mr. II trItCOMDE observed, it was incumbent on the prisoner, if
she were a married woman, to adduce some proof of it. It could
not be expected of the prosecution to prove a negative; it was
for the defence to establish the affirmative, which had not been
attempted.
The Comer overruled the objection.
The Jury found the prisoner Not Guilty of murder, but Guilty
of concealing the birth of her illegitimate child,
Mr. Justice LITTLEDALE told the prisoner that the Jury have
ing humanely acquitted her of the capital part of the charge, and
only found her guilty of the minor offence, the sentence of the
Court was, that she be imprisoned in the common gaol of the county
for the space of six calendar months.
[The prisoner withdrew hunt the bar, evidently deeply at-
fected. 1

James Strang- was put to the bar, capitally indicted for un-
lawful violence towards Barbara Crips, on the 25th day of April,
in the parish of Malmabury, in this county.
The prosccutrix, a mild artless-lookieg girl of 14, deposed, that
on the evening of the day laid in the indictment, she went from
Charlton to Malmsbury on an errand for her mistress and relative.
Mrs. Gingell, who resided at the former place. On her way she
met the prisoner at the bar, who pursued and assaulted her in the
most shameful and savage manner. She succeeded in escaping
from him three times, but he as often overtook her and renewed his
brutal treatment; not satisfied with which, he robbed her, and
was only induced to desist by the approach of some persons to the
scene of violence.

Joseph Pike, a boy of about 16 years of age, who had witnessed
the whole transaction. fully corroborated the statement of the pro.
*nutria. lie also bore testimony to the resistance offered by the
last witness to the attempts of the prisoner.
Mr. Thomas Roberts, a medical practitioner, deposed to the
nature of the injuries sustained by the printecutriz.
Several other witnesses were called, who farther supported the
preceding evidence in several particulars.
Mr. Justice Ltv•rhEnALE charged the Jury, who consulted
about twenty minutes; and then, in consequence of the absence of
legal proof of the completion of the offence, acquitted the prisoner.
CUTTING AND MAIMINO.
Stephen Blake was put to the bar, indicted under Lord Ellen.
borough's act, for having wilfully and maliciously stabbed and cut
Elizabeth Blake, his wife, with intent to do her souls grievous
bodily harm, on the 9th May last. in 'lie city of Salisbury.
Mr. BAILEY stated the case to the Jury.
Elizabeth Blake (a pale emaciated female) was then called, and
deposed as follows. I ant the wife of the prisoner ati the bar; he
called on me at a quarter before three in the afternoon of the 9th
May at the workhouse in this city. Prisoner asked me, " why I
had not come out as he desired ?" and I replied, " the time he had
appointed was not yet expired;" he remained in the gateway for
few minutes in my company, and cantinued coming back and fur.
ward till a quarter past eight. lie was sometimes very civil and at
others abusive. He said, " this would be the last interview he should
ever have with niennd the children ;"he said " thehalter was family
garment, and he did not fair to wear it." On going away, he said
" he would make roe howl for it ;before ltl o clock that night."
I had given no provocation, and the only reason for hi violence
was, that ha wished me to go out with him, and I refused. lie re.
turned again at a platter before 9. I was lyiog in bed in the long.
room, where the females sleep—three of my children were in bed
with me. When I saw the prisoner enter the room, I sat up in
bed, sad asked him " why he hat! returned, and not gone home
to bed." He came ova to the bed. and asked me " why .1 had
called him a tone ?" I said, " I did not, I only called him a
blackguard." lie then said—" You ate going to swear the
pence?" I answered. " 1 had said no such thing." lie then
told me to put the child out of my arms, which 1 refused. lie
went round to the other side of the bed, and told me again to do so.
and I again refused. lie said, " then I'll rip you up with the
child, and quarter you afterwards." He took a knife from his left.
hand pocket. I then jumped out of bed, and hi stabbed me twice
with the knife on the belly and thigh. The other wernen came to
my assistance, and the knife was taken from him. I took It from
his 'Own' myself. It was a butcher's killing knife. it was not
such A LntiC as my husband was accustomed to use. He might

- - ------- •
NORTHERN CIRCUIT.
YORKSHIRE ASSIZES, roig, AILT 20.
NISI PRIUS COURT.
TAYLOR V. WILSON AND OTIIERi.
This was an action of trespass brought by the plaintiff, a poo:
man residing in a tchement on the stray heat the city of York,
against the defendants, inhabitants of the same city, for forcibly
entering his house, on the 14th last, and evicting him of the
possession thereof. There was also a count for an assault.
To the trespass the defendants pleaded a justification and the
right of entering; and to the assault they pleaded not guilty.—
Upon these pleas issue was joined.
Mr. Dont, opened the 'pleadings, and Air. Sergeant Cnovs
briefly stated the case ; in support of which he called the following
witnesses :

Wm. Smith examined.--I am clerk to Mr. Atidesepon, the attor.
ncy for the plaintiff in this cause. I knew the plaintiff' and his
vie for a great number of years, and was friendly to them on the
occasion in question, because it appeared to me the: they were im-
properly treated by the defendants. I told them so because I fdt,
perhaps, how ill I should take it had such treatment been offered
to myself. I did not advise them to resist In this east, no; to go
to law.
Cross-examined by Mr. SCARLETT—This tenement of the
plaintiff's is near a Common, under the Corporation, who appoint
pasture•mastera to superintend it. The plaintiff was herdsman to
this land.

What was the duty of the herdsman ? To drive the catzle, and
take care of the Common for the, freemen, nod put stray cattle io
pound.
Was not the plaintiff dismissed ? Yes, he was, for being too
careful of the interests of the freemen of York.

Was this tenement at any time a stable? I always knew it to
be a dwelling house.
By the Cover —ls this house near the stray ? Quite close
upon it.
Has it alwas been occupied by the herdsman? I believe so.
Oenrge Raymer, another of Us: clerks of the pleintiff's attorney,
saw the plaintiff' at 111 r. Anderson's, complaining of the treaties",
and witness went to his house. He saw too men bringing things
out of the plaintiff's house, and he said to Vick and Pardee:,
" this is a strange business." They were outside the house.
Wilson, one of the defendants, also came out of the house with
some goods; Taylor's wife and five children were there. I asked
to see the warrant under which the (Uwe'ss was made, but the clerk
of the defendant's attorney said I should not see it. The plain-
tiff's wife remonstrated at such ill.trestme,:t, but the constable,
Atkinson, paid no attention to it, and led her to the door, the
children all clinging around her.
SCARLET T. I.ll' the defendants, observed that this was Mere-
ly a speculative action on the part of the plaintiff's attorney. Tb:
plaintiff IVUt only the servant of the corporation, and the house
talked of had been but a few years ago a stable tot the freemen's
cattle. The common on which it stood belonged to the Corpora.
non. who annually in the month of March chose pasture masers.
who had the appointment of a herdsman. and who, having that,
had the power to dismiss him when they thought proper. The
plaintiff here was no tenant of this house—he had a mere naked oc-
cupation of it ; and with respect to the clock, he would prose it tar
the property of the Corporatlen for the use of their servant. There
was no colour or pretence fur this action, other than, the notice
which was unnecessarily, though good-naturedly, given to him
when they wilted to discharge him. No doubt the plaintiff would
have quietly left the house but for the advice of the attotney, who
wanted to make money of the matter. The occupancy of the
house was a part of the servant's wages—in the tame way that the
use of a kitchen belonvd to the cook; but that occupancy would
give her no interest in her master's house. fie would prove that tit:
plaintiff was cnly the servant of the pasture-masters, who were en -
powered to appoint and discharge herdsmen ; that this man was
so discharges] ; and proving this, he would be entitled to thee
verdict.

George Ellison was called, and examined br Mr. J. Wtro •
Lraius--I an a bricklayer, and a freeman of, York. I wa's pas-
turestnaster when this house was altered from being a stable.
Ralph Ray was the first herdsman in it after that. 111 r. 11.1in.77l
and myself appointed him. He had a cow kept for him, and
bit of a garden near the house. Ray paid no rent, not wag 811:V
ever charged to any one. I don't remember the dock being f,crd t.,
the houae. George Jackson succeeded Ray, and remained lot -Tres
or eight years. The pasture-masters Lbws appointed him. When
he ceased to be herdsman, Jonathan Taylorcame in in the same rat,
George Nelson examined by Mr. SCAIILMTT—My father paid
' Taylor his wages.
By the Cor.RT—On or abut the lot of May last tuber gr.+
another herdsman, when Taylor. time eapirarl. He he,t Ftre,.-
months' riotice; 1 wrote the notice, hut did not serve it. Tm,'.N.
' however, said, that having received the notice, he would gm: e.i
the Ist of :Hay.
maGtteoerrgweheinlltisohenacrecncoulnlem.l—arert,hreouCgohrr
mra.tion only
the
hn
steer
ore
or
fte
ictl:l
Mr. Sergeant Caoss. in reply, contended
that
The plaintiff ha,. an o at
min other matters—such
wss the
' right to displace him . Not a syllable of inlesonduet was ad. wse
office. Much wages
:rsa longle bassrgahelnctos:lnucd conducted himself
htliimenualfseedr'lPe'hell ainnytohns;
yamenseyre:Ttlyhecohnoturseactannidllegeupcowwit.hhe.tc.
due.d against the pinintiff, and should it be tolerated that a poor
TrAn !lave bean treated Is the plan" bed bun? Ile con.