The National Register.
London, England, 1822-08-04 00:00:00

260

Mow 3intellignut.
-STAFFORD

CROWN COURT.

SATURDAY. JULY 47.—Wolliiten Calkin was indicted
for ounstauguter, committed in feloniously killing and
slaying his wile, at Stoke upon Trent, iu the county sal'
-Stafford.
The first witness called was James Bayley. the father
of the deceased, and of course father-in-law to the priso-
ner. Ile was quite blind, and being very old and decre-
pit, was examined sitting at the table. He stated that he
lived in the nouse with the prisoner and his wife previous
to the unfortunate event in question In the evening of
.the 19.11 of March, they had retired to rest as usual,
-without any appearance of quarrel. Between six and
-seven o'clock on the following morning he was alarmed
by loud Unlit,. In the cedar, over which his own bed
room was situated ; there was a mixture a et; !tg and
shrieking. winch he knew, by the yoke, cause from his
'laughter. He got up, dressed as fast as lie could, and
and went into tile aillitig-tOOWI, to which his daughter
Caine from the cellar, and sat on a chair. From what
she said, he undersnual she was much hurt; bin being
blind, he could not tell in what inannzr. She lived till
-the 'mining oldie 26th of March, when she died. Iles
hutbaud had kft the house before she came out of the
collar; and he did not return till the fullowing
when iie said nothing but went tip to bed.
Ann Calk in, the daughter of the prisoner and deceased,
remembered hearing cries and shrieks from the cedar,
:between six and seven on the morning of the 20th of
March. She was then in bed, but she ruse and went
-down into the cellar. Her father passed her on the
&sin. and on going down she found her mother bitting
.on a barrel, and complaining of a pain in her head.—
The deceased came back, and sat on a chair for half
ass hour, then went out to Mrs. Nape's, a neighbour's
Amor ; amid on return went to bed. She never recovered
:sufficiently to work, but remained ill till the 26:t. of
March, when she died.
Mr. Martin, a surgeon, at Shelton, stated that he was
called iu so attend the deceued on the 23d of Mardi.-
-She was then.down stairs and sitting in a chair. He
found masks of violence on her head, face, neck, and
shoulder, which were greatly discoloured and swollen.
.SIIC was unible, distinctly to articulate, in consequence
an the swelling of her tonisuie, which might have been
occasioned either by its being caught between the teeth,
-or by external violence. The next day the swelling was
increased, and the patient weaker. The witness attended
her till her death.—He did not open the head. because
Ate witness did nut think it necessary, and the friends did
not desire it: but he had no doubt that the external
violence was the cause of her death.
Mr. Barun Garrow recapitulated the evidence, and the
jury immediately found the prisoner Guilty.
The learned Judge, after expatiating on the enormity
of the offence. observed, that this was the first occasion
on which he had been called so execute the new law
respecting manslaughter, by %elite,' a party convicted of
the offence is liable to be punished with imprisonmen. at
tise discretion of the Court, or by transportation for life.
Were it not that the law had passed too recently to be
generally known, he should, in this case, so nearly ap-
proaching to murder, have felt bound to inflict the 'eve-
rest punishment in his power. The sentence on the pri-
stiner was, that he should be imprisoned and kept to hard
Labour in the house of correction for three months.
Thomas Hudson was indicted for manslaughter, in
killiug John Betts, and William Walthew for being fe-
4onausly present, aiding abetting. and supporting Win
in the commission of die crime.
it appeared iu evidence that the prisoner Hudson, the
deceased, and others, were at a wake at Yoxall th
Bth of July, and had been drinking at a public-house
from ten o'clock in the evening till day-break on the
following morning. Some dispute arose between Hod-
son and Betts, and they fought three rounds; when
Betts said, " not fight any more; 1 have a wife and
funnily, and if I get lamed or hurt. who is to maintain
theist Besides, I aut in a gOOd place, and I do nut
wish to go house with the scandal of a bLu.lt eye."—
Hudson then challenged any man on the ground to
fight; and Walthew, who was his master, said he should
fight any man, come from where he would. A man,
named Crowley, usually called the " Little Collier,"
accepted the challenge, and asked the deceased to re-
nnin) and see that he had lair play. Betts assented, and
pulled off his coat, to act as second. On this, Hudson
went ap to him and said, " You're the man I mean to
lick before 1 go." Hudson and the deceased then began
to fight; they lought one round and both fell. As Hutt-
on' was skim& Betts took hold of 1 by the hams and
threw him, which is not considered as exactly fair play.
so-Wlien he gut up Bettssaid " I'll not fight any more,"
and went to take his con and dreu. Walthew said to
liuthon, " 13—ii your eyes, follow hint up." Hudson
then went up to him and struck him on the side of the
neck. He fell backwards, and rolled first on his side,
and then on his face, and immediately died. A surgeon
was sent fur, who examined the head, and found that the
blow had occasioned death.
The prisoner Hudson made no defence. Walthew
said that he had refused to lend his set want money relight
nor. and ouly desired him to strike again, because lie
thought liiinaelf very ill used. A witness, iu whose em-
ploy Hudson had lived, gave him an excellent character
for honesty; and the apothecary who attended Walthew's
family, said that when any of them were ill he showed
great anxiety for their restoration to health.
Mr. Baron Garrow, in addressing the jury, strongly
animadverted on the eionduct of the publican who had
permitted the drinking till daybreak at his premises, and
called the attention of the inagistrites of the district to
the better regulation of the wake should it be suffered
to continue. He stated the evidence, and observed that
if they believed it, they could entertain little doubt of the
guilt of baba saw prisoners.
Tbeisarulsowevar, found Hudson guilty, and acquitted
W Ali hew.
311.13a:0n Garrow said that ‘Valtltew had been a most