The National Register.
London, England, 1809-07-30 00:00:00

TTIE NATIONAL REGISTER.

YORKSHIRE SUMMER ASSIZES.

David Portion. jun. of Beverley, butcher, w:1.4 charged with
the wilful murder of Robert tlardener. of the same place, on
the 10th of April last, by stabbing him in the side ith a
knife.

This was a trial which excited much interest ; the prisoner
was much respected, and the particular cirramstancei under
which the deceased came by his death, powerfully interested
the feelings of the Court in the prisoner's favour. It appeared
that the deceased was susFected by the prisoner, and a: appear-
ed from the evidence, not without sufficient reagon. of art 1:111.
nal intercourse with his wife, a few minutes before this nape-
tunate event took place, he flaunt his wife at a very unseason-
able hour in compaly with this deceased, in the street. Which
so irritated hint, that he declared he would stab him if ever he
came into his house or premises. The deceased unfortunately
persisted in accompanying the woman into the bowie, and the
prisoner immediately said to the deceased, " I)atnn you, Gar-
dener, I will stab you; Son have huddled my wife in the
street." and immediate:), made a thrust at him w ith a knife he
had snatched from the table, and wounded him mortally. The
unfortunate man langaished until the loth of April, and then
expired. Previous to his death he admitted that the suspicion..
'usc the prisoner were well founded, and which was indeed suf-
ficiently apparent from other circumstances laid before the
Court.

The Judge, in explaining the law to the Jury, Paid. chat if a
man should kill another in the act of crintin.il Aitercourse
with his wife, it would not be murder, but manslaughter, hut it'
a person who had received such injury, should deliberately con-
trive the death nof the perso who hail so injured him. it would
doubtless be murder;. his Lord,hip,•howeyer, thought, ihnt any
circumstances which fell short of the actual crime, and yet should
clearly indicate such au intention might come within the mean-
ing, of the law,
The Jury, without a moment's deliberation, acquitted the
prisoner of;ihe murder, aud found him guilty of manslaughter
only, to the satisfactiuti a ;1 VCIal crqwded Court.

489

R A en —John Wilkinson was charged with having, oo Tues-
day, 'the 23d of May last, violated the person of Elizabeth
SN kiss, a female child about eleven years of agc, in Earuley
Wood, in the parish of Leeds.
Mr. 'lardy stated the ease on the part of the prosecution with
hi- usual ability rind perspicuity.
The first witness examined was Elizabeth Sykes ; she stated,
that on the 23d of May last, ns she was returning from her work
in the evening, she was accosted by a man, who asked to
shew him the way to Galdersorot through the wood ; the wit-
ness pointed it out to him, but he said he could not find it unless
site went with him, and he would give her half-a-crown. The
itness accordingly accompanied him ; they had only gone 4
little way when they met a person of the name of .John Bromley,
who asked her why she was going bock ? Site said she As as only
going a little way, and would return immediately. Witness said,
they went on the foot-path through the wood, and she frequent.
Iv wished to return, but he always wished her to go a little far-
ther, %illicit she did. When they got into the middle of the
wood he threw her upon the ground ; she cried ; and he
taking a knife from his pocket. said if she made a noise
ne would cut her throat ; this frightened her so much that
she made no further noise. The man then completed his
abomitiable design and left her, giving her two-pence.—
The witncs4 on her return home, met with tier father, who ask-
ed her %% hat she had been doing ? She replied she durst net tell
him, and begged him not to heat her. Her mother soon dis-
covered the cause of her distress. and next day she came down
to Lee& and saw a roan at the Chief Constable's and the Rota-
tint) Oilier, whom she knew to be the man who had used her
ill. She knew him both by his dress and his look. Witness was
asked if she should know him at present. She replied she could
not tell. On being desired to look round on the persons in Court,
and see if she could point him out. She could not fix upon the
person of tho prisoner; and though the Judge ordered her to be
brought up again at the conclusion of the rase on the part of
the and had her attention fixed upon the prisoner,
•he could not identify hint as the person who had committed
the outrage.

kes, the father of the last witness, stated her age
to be raiti.-r under It years. Remembers going to seek his
daughter on the night of the 23d of May; when he met her, he
was much struck with her appearance. The next day he went
iti ,earch of the prisoner,. and found hint in Leeds. On being
asked tf te was :Li Cildersame the preceding night, be said, I
do not know s•lei :t place as Gildersosne." (Gildersume is three
miles from Wortley, the prisoner's residence.
Sarah Sykes, the mother of the child said that her daughter's
linen exhibited the appearance of the outrage mentioned in the
indictment was likely to occasion.
John Bromley corroborated th-e evidence of the child as far as
respected his meeting her and the man iu the wood,-and swore,
positively, that Wilkinson was the man.
Benjamin Saw.er Was called to prove that the prisoner, hay•
ing lived at IVortley eight or tPn years, must have known Palm

. _ .
I* v NVood, a distance of about half a mile, and the village of
Gildersome. 1k stated the prisoner to have borne a good chi.
rafter.

The Judge said, the question on whir:. titre could he any (lit&
rutty was, as to the identity of the prisoner, whether lie was the
person who committed this rape; for that a rape had bee*
committed, he thought was clearly made out ; aed the Jury, la
determining thi, point,_ would take all the circumstances of the
case into their consideration; for though the girl was not the%
able to identify him, it did not follow from that that te was not
guilty, if his itientiLy could he made nut by other proof.
The Jury retired fora cousideratde time, and ouretern4qsiute
Court, found the pr isoner—t- Yet Goi/11/.

At the avtful moment het ixt the entrance of the Jury Iwo
Court and the delivery of their verdict, the pri ironer seemed ftIV
of his periluub situation ; and when the .erdict was prpo
nounced, appeared deeply affected by Pis Harr° w escape"

srAFroan ASSIZES.
CLARlire v. I(AILSTOSE.

SEDUCT In iS wn one of the most interesting trials at
these Asr.ine7). . It was an action brought by the plaintiff, Mr.
Thomas Clarke, of Wolverhampton, against the defendant, Mr.
Thoina,, Itailstone,, of the %agile place, to recover damages for
the sditction of the plaintiff's daughter. The principal circum.
stances, as given in evidence ivy the daughter, as h.) is helyreen
Is and 19 years of age, were, that the defendant, a near neigh.
hour of the plaiutiff, became acquainted with her, in COLiSett