The National Register.
London, England, 1818-08-09 00:00:00

THE NATIONAL REGISTER.

care, his anxious solicitude, is deprived of all that is valuable.
.n 4 rendered a disgrace and a burden instead of an ornament
and ajoy. lam led to understand that the defendant is to
attempt to destroy her character in order to diminish his
own misconduct. if an attempt of this kind should be math,
I Imps you will consider it an aggravation, and treat it ac-
eordingly. Nothing surely ran be a greater aggravation of
the deepest injury which can le•intlicted upon a parent than
to find the hoary and labourinus seducer attempting to prove
the tinfortiniate girl'scharataer worildees before he made it so.
I am aware that me teat net friend will net give me another
opportunity of addressing you, and I therethre dwell the
longer upon this sittijoct. 1 hope the case will go into your
hands. 11-„o will consider-that a girl previously blaineliew, be_
lured by her parenteand atfretionately contributing to their
support, was sedneed and ruined under the cloak ofsanctits,
wlcch has often, too often, been used to cover the worst of-
retires and this was done by a inan of considerable fortune.
You will consider the injury to the realities of a paient, as
well as the loss of service to the master. Indeed lam cook-
dent, f the clientele,' of the gentlemen whom I address,
that they will view this cese as I view it, and consider it one
of 11,u• meat aggravated cases of seductive that can be laid
before a jury.
Elizabeth Can was called into the box. and examined by Sergeant
Hullock.—She is every simple, modest-looking, and rather interesting
young woman. She said she was 18 years of age when she went
to Airs. Shafto's house. That was in May, 1815. Her father went
from A llandale,mwn to Bishop-Auckland at Martinmas, 1816. She
knew the defendant. His wife had been dead half a year when
she became acquainted with him. He lived ut Walwick Hall. He
visited often at Ma.. Shalto's. He had three children, the youngest
then about half a 'ear old. He often came to the house when tier
mistress was from home. and stayed in the house making love to
her. Between Martinmas and Christmas, 1816, be came with his
whole family and stayed sonic days. He had with him his chilthen,
two women servants and two men servants Being pressed to state
some particular expressions he had used, ske said that he .had
often declared that they (defendant anal witness) should never be
happy till they were married. tine day whets sitting together she
moved to go on hearing one of the servants coining; he said there
was a day cunning when they would not be afraid who saw them.
Before he hail mine with his family, he had always been twice in the
weak at the house, often more frequently. I ler mistress was often
from home a week or ten days. His visits were more frequent in her
Aimee. She bad a male child born on the .2d of Septemlne,
1117. The first time that he had been too intimate with her was
when he brought his family to her mistress's between Martinmasand
Christmas, 1816. Her mother had been seeing her the day that
they removed to Bishop-Auckland. It waiethen settled that she was
to gut to her father's in May. and it was her intention to do so.
During the time she had been there site let her father and mother
have part of her wages. She had sent some name), to her father
anal given him some. It was part of her wages. She did not leave
on the Ist of May. She had not given notice. She left on the
Ist of June, and. because she was not able to serve longer. She
wrote to the defendant the day before she left ; she got no answer.
She was obliged to leave her father's house and to go back to
lesbam by the parish officers. She finlike 6or 7 weeks with her
aunt. She was delivered in Mary Nicol's, in 11C1112111. Dr. Jef-
ferson delivered her.

She was cross-examined by Mr. Topping at great length, as to the
names and characters of all the servants, particularly the men set
vants in the house. It turned out, however, that the latter were
married men, and had their wives in I lexham. All the minute cir-
cutnstsaces of her ruin were called forth,but they admitted not of de-
scription. It was in his bed room, when she had gone by her mis
tress's order to light his fire, that the seduction was completed. The
letter was all her own. None assisted her either in writing or dictat-
ing. She fairly and readi!y gave a simple negative to every question
as to any other man using liberties with her. She had not gone
front Bishop-Auckland to Benham in a post chaise. She knew Mr.
Bates. The gentleman pointed out was he. He was a gentleman.
But what iv his eniployimat r—lle is a farmer, I believe.
Is he not a preachet too?-1 never heard him preach.
Were you never in a post-chaise with him r—No, never, sir.
She had 51. for the first year, and LI. for the second. She had
given no notice of quitting.
Thomas Paulson, butler to Mrs. Shafto, it a married man, has a
wife and family in Ilexham. Ile by accident observed the defen-
dant and Elizabeth Carr in the dining-room together. 'rite shutters
were on the outside; they had not been fastened back, update wind had
driven them to: he went to open them, and observed the defendant
having hold of her round the neck, and her hand in his other hand.
Ile never mentioned this. Ile thought it improper, but apprehended
nothing such as had happened. He raver knew ally thing incorrect
in her conduct.

On his cross-examination lie stated, that he was still in Mrs.
Shafto's service, and lie hoped Mina confidence. lie hail not men-
tioned what lie saw till after the had consequences were known, as he
never till then suspected any thing criminal. lie never in word,
look, or gesture, wok any liberty with her, lie never kissed her in
his life.

I fere the plaintiffs rase v. as closed.
31r.Topping now objected that the action could not he maintained.
Elisabeth Carr had been regularly in service with Mrs. Shaft° ;
and whatever Mrs. Shaft° might do, her father could not pretend
10 have lost her services. lle cited severatcases in support of this
objection.
.lr. Baron Wool—l am of opinion that most undoubtedly this
action cannot be legally maintained. The loss of service is indispen-
sable to it. In ibis ease, the daughter had served for two years. and
was in fact entered upon the third year's service. tam sorry for it,
but the action cannot be maintained.

Mr. Searlett.—.l certainly cannot oppose the doctrine laid down by
your Louis .Nonsuit.

CROWN SIDE.

Margaret smith, aged 43, was tried for the murder of her male
bastard child on the 4th of June. Site lived with her father in a
cottage at Carham. That she had been delivered of a child, was
.proved; anti two surgoons gave it as their opinion that the child
hairbeen alive at its birth, and h.ul collie to a violent designed
death.

Mr. Justice Bayley summel up :it a very great lergth, and will'
a manifest anxiety to have the prisoner acquitted. The to iniony of
the surgeons was but the inclination sif their judgment. When full
evidence of guilt came before them, they would look it in the face,
and however distressfully and reluctantly, t7icy would perform their
duty. But if, where there was any doubt, they returned a vzrdict of
guilty. it might embitter the last moments of their life.. Verdict—
Not Guilty.
Mr. Justice Bayley—You have given a very right vertlieti fti: I have
very great doubts of the prisoner's guilt.
Sae was immediately discharged.
James Ilinilaugh and John itamlirough were then placed at the
bar to receive Sellt..llCe of death. Bata, most widely different in age,
trembled and cri.xl for mercy in the the-t piteous manner. His
Lordship, with his tisititl solemnity. thoa 4,l(lre:sett them:—
you, .I,tmes liindautih, stand there, at the age of :al, to receive
sentence of death.

Prisoner—O. merry, my Lord Mercy. mercy, my I.oril
Ithige.—lla rot
interrupt inv.—Toe Jure. who foot)." you guilty,
and the rm.:Tutor whom you rolthel!,
,htroniJy 1-i:commanded you to
nr.rry, and yreir al he very greatly mitigated. Let that
mitigation excite your gratitude. and coruirm your penitence. While
you in secrecy and darkness pe.rforTcd She wicked act which has
krought you into your priaient situation, you knew not that you len
in the lock which you picked the Mean* of your conviction. You be-
lieved the picklock to be entire. yet the point which was then
ltru'a‘u v &Wm! conviction ou ccerj mina. 1t wa. ilic voice of

t • -
•,•)t.)

God warning you and all to beware of deeds of iniquity and darkties,,.
Your friends are highly respeetable ; you supported yourself by your
own honest industry. None could hold hi, head higher than yoa
once could do. Mark your altered condition. Your friends arc
bowed to the .earth with shame ; their hearts are harrowed up with
pain for you. As to yourself, you limy yet recover almost what you hate
Init. It will require your utmost care and perseverance. Let it be
seen by your future conduct, that you possess the feelings which are
now supposed to fill your heart with penitence and gratitude. You,
John 11,tnibrough, are far advan,:ed in life, and stand with hoary
hairs waiting it sentence of death.
Prisoner.-011, my dear Lord, Mercy ! Mercy, mercy, my dc.ir
Lord.

Judge.-110 rot so interrupt n,c. The sertonce that is to be
passed on you will not be carried into execution. Tt will be miu-
wiled so far as 1 can fa.' entitled to recommend its mitigation. Yen
have a wife a nutneroth tumily. What an example you have been
laying before them in your old age ! Make good use of tl,e indul-
gence that will be shown to you. Remember that t'ereis an eye
that seeth in darkness. that has now exposed you before ni,n, and
that will hereafter call yen to account foe all your deeds !
pent ; make your peace with God, and prove your sincerity ;by
your future conduct ! The sentence of death was then pronounced.
Both prisoners bowed, at it' insensibly. with the utmost rev: renal
towards his Loroshif. The httsintas of this Court ind.A.

POLICE.

I;OW S'r; [ I•:[ I'.

Tuesday Mr. Hato/Inn and his two sons, and the hired
Irishmen. who forcibly took po:.stoision 'of Mr. Freenia ti'r.
house on Glielsea.coinilion, and dbrew two children out of the
window, tic. underwent anotli.r exatititi;:tion before Mr.
Itirnie. Mr. Freeman the :andlord iticnded, with his bead
tied up. He identified the prisoners, who were ordered le
find bail, or be committed ice the charge.
George Layton underwent.a .record examination, having
been detected in robbing Holyland's cottee.house, in the
Strand. He was fully committed for trial.
William IVilks and Maria kis wife were charged with ut-
tering two forced one pound Hank diotes, one on Friday and
the other on Sattirday.evening, to Mr. Valentine Sentancr, a
grocer, in Clare street, in the pm els.t,e of cc yeral articles of
grocery, well knowing theta to be forged. The prisoners
were committed for trial.

James liughes was brought Wont Sir Nathaniel Conant, upon
the following charge made by Colonel Douglas, one of the Sub-coat.
mittee of Drury-lane nainageinent :—The public will have been ap-
prised that great dilrarenee of opinion prevails between the Sub-
committee and a considerable majority of toe proprietors of this
theatre; and they may remember also, that at a general meeting,
on the 9.1011 July, it was resolved amongst other mattTrs, " that
George Coleman, Esq. be appointed stoge manager without control;
that the members now remaining in the Sub-committee (except Lord
Yarmouth) were declared ~Ue, Iy dispuOti, (1; and that the theatre
should not be .gain opened, until the claims of the ereditora were
satisfactorily c.rrauged." Yet in the face of there proceeJings tine
Sub-Committee have engagtd Mr. Stephen Kemble as their stage
manager. and are in treaty with performers with a view to open the
theatre at.the usual period. In consequence of this step, the Si v.
Committee thought it right to guard the actors from making engage-
ments with the Sub-committee, which they arc persuaded cannot be
valid ; therefore they caused a placard to he placed contiguous to the
stage door of limy-lane theatre, containing the words of the ad-
vertisement which has been published in different papers.
Whereupon Colonel Douglas " one of the Sub-committee who
has not yet mittned," ordered the man into custody, and v, tau
sena make good the charge of a libel.
The Magistrate observed. he had carefully looked at the printed
pupil. and he confessed he could discover nothing libellous in it; but
he added, if he could have taken a mistaken view of the ease, he saw
affixed to it the name of Mr. George Robins, and he knew enough of
that gentleman to he assured he would never disavow any thing that
had his name attached to it ; and he accordingly discharged the man
immediately.
An attempt was afterwards made by another member of the Sub-
.committee, to make it appear as a breach of the pea..e. Upon which -
the worthy Magistrate observed, the managers committed the sat=
sort of breach every day, by putting forth their own play bills.

ES

LAM EN Linz. E F OF SHIPWRECK.
(rnois A JAMAICA PAPER )
We regret to state the lass of the schosmer Jane, frees
t',7s port (Kingston,) to New Orleans. The follow-
i a;.; particulars are derived from a letter from Capt.
Ltvington, dated the Havannah, May 20 :
•' It is with great reget I communicate an account
of the loss of the schooner Jane, which upset in a
•white squall half an hour befiare mid-day, on the 13t1
March, about two leagues to the southward of the Isle
of Pines. Nothing could possibly Le saved belonging
to the vessel or cargo. Mrs. Shaw, the actress, and
Madame Yadon, being both in the cabin, were in-
stantly drowned, as no assistance whatever could be
rmdered them ! The schooner did not immediately
zo down, but our boat being lashed to leeward, we
could not get at her ; we therefiee ftwmed a raft, and
all the men, and Messrs. Conley, Nilan, and myself,
..got on it. Patrick Flanigan was washed off and
•drowned; every one else got ashore on the south coast
of the Isle of Pines about four o'clock on the morn-
ing of the '24tl:, after haring been upwards of sixteen
hours in the water, twelve of which we were up to the
UTTYI pits
" On the following day, we lost Mr.. Corny, and
notwithstanding the most diligent search, we could
not kind him. He was, however, miraculously pre.
served, himself, as well as Thomas Burke, who, from
weakness, remained behind, having been conducted
by a dog .to a house, not far diqunt from where we
got ashore; but which, in our anxious state, we
never discovered. Thus what Appeared a misfor-
tune proved a benefit, as they never could, in their
wick state, have undergone the fatigue the rest
didfor five days afterwards, without any sustenance;
when, at length, we met a fisherman, who relieved
our wants as much as lay in his power. We were
sent from the Isle of Pines by the Commandant of the
Island, on the supposition that we belonged to an In-
surgent vessel, and were kept in custody at this place
some days betiare we were released. Nihin, I regret to
say, was lost in.the woods, and, no doubt, perished of
hunger."

By letters received from Neva Scotia, it appears,
that Lord Dalhousie, the Governor, has issued orders
fir bringing the chimney sweeping ntachiaes into ge-
neral use. in that CoKaty.