The National Register.
London, England, 1816-08-11 00:00:00

CROWN SIDE.

ROASTING A Cirtrn.---ElilairethHrnter, aged 46, and Re-
becca Jarvis, aged xi, were indicted for feloniously assaulting
an infant child about a years of age, named Adam Davis, and
wilfully and maliciously scorching, burning, and otherwise ill-
treating the said infant, with intent to do it some grievous '
bodily harm. There were other counts in the indictment, one
of which charged the prisoner with committing a common
assault.
Catharine Evans deposed, that she resided at Rarking-side,
and was employed by the prisoner to wash and iron clothes.
The prisoner Hunter was in the habit of receiving the parish
children to nurse, and Adam Davis was one of those under her
care. Rebecca Jarvis was her servant. On the morning of the
24th of May last, she went at an early hoar to look for work,
when she saw the two prisoners. Hunter was in the act of
chastising the child, whom she told to strip. The child did so,
and the former took two pieces of ribband and tied them to-
gether. With this she then bound the hands of the child to its
own body, and was proceeding to bind its feet also, when wit-
ness was about to leave the place. She asked the prisoner
Hunter what she was going to do vi ith the child ? To which
she replied," I am going to roast it!" Jarvis being asked a simi-
lar question, answered, "I am going to help her." Witness
then left the place, and went to inform Mrs. Wright, a neigh-
hour, of the transaction. In answer to a question front the
Court, she said there was a fire in the room in which the pri-
soners were, but it had not burnt up.
Martha Wright stated, that she went in company with the
last witness to Mrs. Houten When she entered the apartment
she saw the child before the fire, and it was then stripped
naked down to the waistband. The prisoners, she thought, were
holding the bottom part of the child to the fire, but as they stood
before her, she could not well distinguish. The child was very
close, and cried out very much. %Vituess was much alarmed,
and immired "for God's sake what are you doing ?" The pri-
soner Aunter replied," I am roasting the child r" and the expres-
s sions and sight so shocked her, that she was obliged to quit the
place. Having recovered in sometime afterwards, she returned
to the house, and asked to see the child, when Mrs. Huntersaid,
it was out playing. Witness would not believe this, and insisted
upon seeing it. Soon after it passed through the house, but
was hurried up stairs, to prevent its being examined. Witness
then determined upon making the matter known, and the pa-
rish officers were informed of the circumstance.

. ..„.„ ....„.___
J. Wilson, an officer of Barking parish, went on the 27th of
May to the house of the prison( r, and insisted upon seeing the
child. At first much reluctance was manifested, but the wit-
ness persevering, the child was brought. He had it taken into
a parlour, stripped and examined. There was then a large
burn on the right shoulder, which came a great distance down
the back.

Daniel Moore is a surgeon and apothecary at Ilford ; on the
27th of May last, Wilson called upon him to examine the child.
He found a large born on the upper part of the arm, which ex-
tended across the whole shoulder, and came hall-way down the
back. It was taken to the work-house, awl subsequently be.
fore a bench of magistrates, when, being again examined, two
large burns were discovered on the lower part of the back,
one on each side. Witness thought the child was then in a
dangerous state. In six days there were symptoms of fever,
and he was of opinion they proceeded from the burning.
Never heard a complaint before for or against the prisoner
Hunter.

Mr. E. Brown, another medical gentleman, confirmed the
testimony or the last witness. Ile thought the wounds on the
lower part were occasioned by the child strngling and rubbing
anainst the bars. 'fhe Jury found both the prisoners guilty
upon the first count.
Lord Ellenburough, in passing sentence upon them, animad-
verted in strong terms upon the horrid offence of which they
had been cotes icted ; an offence, he said, which, had it been
attended with the fatal consequences it threatened, would as-
suredly have cost them their lives. In measuring the punish-
ment, however, he would naw award anainst them, he would
make some distinction as to Jarvis, who might possibly have
acted somewhat under the influence of her mistress's orders
and example. No servant, however, added his lordship, should
become subservient to the acts or views of a guilty master or
ganresii priauaer, Rebecca Juvie, was them sentenced

AUGUST 11.

to six, and Elizabeth Hunter to eighteen months imprison-
ment in the count• gaul.
This mornig Peter Beard was put to the tar, to take his
trial on an indictment, charging him with ha% ing violated the
person of Mary Peartree, at Tolleshunt-Darey, against her will,
►n the month of March last.

_ .
The facts of the case were shortly these:—The prosecutrix,
who is an interesting looking girl, aitont IS years of age, was
on her way Irvin the house of iptr mother to that of her master,
when she was met by the prisoner, who had previously spoken
to her at the church dam-. lie asked her if she did not know
him; and on her auswrring in the negative, he knocked her
down, and in despite of her resistance effected his diabolical
purpose, She acquainted a female friemd that day with what
had happened, and dte next morning the prisoner was appre-
hended in his master's stables. In his defence, the prisoner de-
nied that he had committed the violence imputed tu him.--
Guilty—Death.
Lord Ellenborouglt, in passing sentence, commented wills
becoming severity int the atrocity of the prisoner's crime, and
intimated that he need entertain no hopes of mercy. He was
left for execution.
_ _ .

Thomas Herring was found guilty of stealing two asses, the
property of John Cook, from a field adjoining Eppintr-forest emu
the of 3lay last. The asses were seen safe the" field the
preceeding evening ; and on the 15th the prisoner sold than to a
man named William Street for a U. note. He was sentenced to
be imprisoned for two years in the House of Correction. Lord
Ellenborimgh expressed a hope that he would be kept to hard
labour; as, under any other circumstances, imprisonment only
engendered habits of idleness.
IVm. Osborne was indicted for receiving BIM. of carraw;ey
seeds,value 301. the property ofJohn Rovin, well knowiug thew
to be stolen. Upon caLing evidence, however, the property
could not be sworn to as belonging to the prosecutor, and the
prisoner was acquitted.
John Calvert and Win. Lambert were indicted for stealing a
bushel and a Italia dour. Upon the indictment being read, it
proved to be erroneous, in consequence of a specification of the
value of the Hour having been omitted. 'lke prisoners were
quitted, but ordered to oe detained.
John Unwise was indicted fur a rape 'Ton Elizabeth, the
wife of James Smith, near Ockendeu, in this county, on the Ist
of April last. The account she gave was, that tile prisoner
met her in the dusk of the eveninz, :‘s she WitB walking on the
road ; lie came up to her and said he would kiss her; she said
she hoped nut; but lie laid mild of her : and she then detailed
circumstances which showed that they had the sexual inter-
course: but from some past of the evidence, his Lordship di-
rected the jury to acquit him of the rape c but, having takes
her shawl, he was found guilty of the larceny, and was sen-
tenced to seven years' transportation.
At Essex Assizes, John Smith was indicted for feloniously
stealing, on the 2Stli of July, a piece of pork, a piece of bread,
and a piece of cheese, the property of Elizabeth Dent.—The
prosecutrix in this case, a poor old woman, actually found the
prisoner in her pantry, with these things packed up ready to
be conveyed away. She immediately seized him, and evinced
a considerable degree of AIDUZOIII3II fortitude in " banging
him into a chair," and overcoming him. Observing he turned
his eyes towai ds a small sword in hi r room, she said, " Oh !
that's what you're at—then I'll have first at it." Upon which
she drew the sword, and held it over the prisoner, in the chair,
until she got further assistance. The prisoner, in his defence,
pleaded hunger; and, on his being found Guilty, the Court
thinking that there might be some fouudation for that excuse,
sentenced him only in six months imprisonment.
The whole of the Crown cases having been gone through, the
capital convicts on whom sentence had been passed were put
to the bar, and sentence of death was passed upon them with
the usual solemnity ; the learned Judge, however, intimated,
that in all probability they would not all suffer the full penalty of
the law. Ambrose Death was respited before his Lordship
quitted the town. The only prisoners left for execution. there-
fore, w,re Willillll Naylor for burglary, and Peter Beard for a
rape. The Court then broke up.

At the Kent Assizes, James Donald, a naval officer, was eon.
sieted of forging and uttering a bill of exchange, commonly
called a na►y bill, purporting to be drawn by Lieutenant Por-
ter, of his Majesty's ship Tyrian, with intent to defraud the
Commissioners of the Navy.
The Judge immediately pronounced the sentence of death :
during which the unfortunate man's wife, who had been in
Court during the trial, uttered a scream and fell almost lifeless.
She was carried out of Court, and after some time recovered.

John Ashbee, proprietor of a paper-mill near Canterbury,
was indicted for forging and uttering the stamp used by the
direction of the Commissioners of Excise to denote the pay-
ment of duties on the paper.
Stride, au officer of excise, who surveyed the mill of the
prisoner, !moved the fact of forged stamps being on the wrap-
pers of paper sold by the prisoner.
Thomas Chilton, the servant of the prisoner, who was also
in custody, said, that he had made the forged stamp; that
getting possession of the officer's stamp, he had made a model
of it in clay, and then cast three leaden ones, with which he
marked the paper; and his master had aLso frequently stamped
the wrappers with the forged mark.
He was cross-examined by Mr. Knowlys with a view to sub-
stantiate that he alone was the guilty person; but he persisted
that his master had also frequently used the stamp ; and Stride
proved, that on some of the forged wrappers there was also the
prisoner's hand-writiug.
The Jury found him Guilty, and he was sentenced to seven
years transportation.
Matthew Connor, John Brown, and John Corby, were in.
dieted for stealing vs bags of dollars from on hoard a vessel,
called the Coromandel hoy, on the navigable river Thames.
The general circumstances of this case have been frequently
before the public, so as to render a detail unnecessary.
They were all found Guilty-, and immediately sentenced to
death ; the Learned Judge informing them that the law would
take its course.
. .

At the Rutland ASSiZCS, J. Lewin, aged 12, was capitally eft-
victed of stealing notes and cash to the amount of 1001. and 1).
Loa in, his father, was also convicted of receiving the same,
knowing them to have been stukn. The Judge, in passing
sontence, remarked with much severity upon the conduct of
the latter prisoner, in bringing up a child to robbery and plun-
der. The boy wits reprieved. • The father to be transported
for 14 years. _ _

At the Salisbury Assizes, John Lampier received sentence
of death for refusing to Eire the whole of his evidence, after
being admitted a witness for the Crov.n at the last Assizes,
and being himsellnow charged with another felony.

At the general quarter se ions, holden at %1 ishech, on the
17th of lot month, a singular, and, happily, flop, ,he liberal
temper of the times, a novel appeal eauvf 1), Tow Magis.
trates for their determination ; in which Robert Nt wstrad, a
preacher th the Aletliodiat Cuaaceioc, was appellant, and the

AUGUST 11.

Ileverend Algernon Peyton, rector of Doililington, and Thos.
Orton, Esq. two of his Majesty's Justices fur the Isle of Ely.
were r spondents.—lt appeared from the conviction, and the
evidence adduced in support of it, that the offence with which
Mr. Newstead stood diarged, was, the collecting together a
e6ngreg•ation or assembly of persons, and preaching to them,
otlyrwise than according to the liturgy and practice of the
Church of Eagland, in a field which had not been licensed.
This was Mr. Newstead's crime; it was for this, that the re-
verend rector of Doddington caused his fellow-labourer in
the work of reformation, to be apprellembal ; and that he and
his brother Ntagistrate convicted him in the iti:nost penalty
which the Toleration Act imposes! Against the legality of
This conviction tile. Newstead appealed. After several ob-
jections had been taken to the form of the conviction, by Mr.
Newstead's counsel, and which were over-rn:e,l by the Court,
Richard Vince, servant to Mr Peyton, saver that he heard
Mr. Newstead preach in a field at Doddington, on /Sunday, the
7th of April last; Belt he preached contrary to the liturgy of
the Church of England ; and that there were more thou twenty
persons present. On his cross-examination, he admitted that
lie did not know what it seas he preached, whether it were a
prayer or a sermon ; it was something, but he knew not what ;
ii.ed that he knew he preached contrary to the liturgy of the
Church of Eugland only becnuir he had not the Prayer-hook in his
hand! John Lane, another of Mr. Peyton's sl mints, corro-
borated the testimony of the last witness, but he would not
swear that there were twenty persons loresent.---Me. !Sevin,
Coin-el for Mr. Newstead, submitted to the Court, that the
prosecutors had not made out their ease. The Toleration Art
requires that the place where any congregaticii or assembly
shall meet, at which there shall be present more than twenty
-persons, hesidcs the family and Kerrants of the person in whose
house such meeting hall be held, shall be certified and regis-
tered. In order, therefore, lie contended, to render a religions
meeting unlawful, according to the provisions of this Art, there.
'ust be present twenty persons of a particular description—of
• certain class --twenty, exciusire of the family and servants of
the owner or occupier of the place of meeting ; but, for aught
the Court knew from the teatimony of the witnesses, (one of
wl could oaf swear that there were:2o persons present,) the
congregation might be chiefly composed of the family of the
owner of the field. Re (milker contended, that tafirld is not a
place which required registration : the term "place"of meet-
ing is used throughout the Act; and, in the 11th section, that
term is explained, and defined to be, a place with doors, bolts,
bars, and locks. As therefore it did not appear in evidence,
that there were twenty persons present of the pa rtienlar class
required by the Act, and as a building., and not a field, was
contemplated by the legislature, he contended that the convic-
tion was unlawful, and must be quashed.-1 he Magistrates,
however, confirmed it: and hence, Mr. Newstead became lia-
ble to the penalty of thirty pounds, or to three month.' impri-
moment. A case was demanded, on the part of Mr. New-
stead,' fur the opinion of the Court of King's ilcnch ; but the
prosecutors having proposed to abandon the prosecution, and
engaged not to enterce the penalties, the friends of Mr. New-
stead withdrew their application, haring obtained all they could
desire. The question of right, however, betweeu the lector
and the preacher remains undecided.