The National Register.
London, England, 1818-08-16 00:00:00

TILE NATlONATzihrti*lt

of Ilie Act of the Bld of Ceo. iil. by which the Jury, iu
.1 caw Cl libel, are co:pottered to rase 0 verdict on the
kOaole matter, anti on the general issue uf tit thy or not
Ittkil'o92ll.—This act Was titter construed to
enable a defendant, ul..n an indictment, tujii3lify by proving
the Irsith of the libel. _ _

prutedied, and re mat Led, flint the essence of
the indletslielk consisted in the es il tel of the pnbii.
cation.. 'chi& 'fluidity she sta• pi dialed to show was good,
an:l would e..lltnd, that rrscutntrlit might exist without
malice, The celebrated 31r. Locke had quoted an expression
from St. Paul, to this effect--" Ile angry, lint sin not." It
the low of libel really VfaA N hat she had heard it interpreted
to be, u new system of relies- might :cries prefixed 111 it. No
Lawyer or Legislator erld intend to punish %%het e there was
11,) malicious motive, or intentional ',torte:llion. The folse•
hood and malignity were all on the other piste; and she
liepcd no legal sophistry would induce the Jury to convict her
arm offence whet e Inc object %i its mei itui
Mr. Justice Blirrough then charged the Jury, cfrressing
his decided opinion Obit the prblitation in question was IL:
belliots in the highest devee.

The Jury retired for uti..et an hour. and delivered a
verdict of—Not Guilin at iiivJiidge's lutigiegq.

SURREY, WFD \ F-9 %Y, At s
Tiff fir,ov V. CIII.NN.} MAI RAFT.'

At n very eaily how• ilii• mot 'nog the Coot I. tie,/ all 11:e
avenues leadahg to it, were filed lip, so pleat Mill the public
anxiety to the trial nf tlte4e i,ooeilt.
At eieht o'clock Mt. Serjeinit lenseedleil to the Court ;
when the prisoner,, 6. Cheimel and .1. Chalcraft. Were ar •
raigned fiir the murder of Chennel, at ‘odalininr,
nit the 1011 i or November In‘t : and on a second intliconi lit,
for the murder of Elitain th ikon, by fracturing the.r
%%Oh a hammer, and cutting their throats.
Mr. Comity then, as leading Cuitio•rt for the Crown, !tinted
tht ea.e to the...fury, in a must speech. fur the Weill
ariangement of the circumstances. In his I reliminary oh-
sei vations, he said, that eve!, the horrid et ;me of rmit (11. r had

its gradations of all neilY. It was li:4l;flatc il ttl,ell rorl2ll.it led
by the strong %pen the ftrblc anti noresislnl—alien by the
' set vent against his master— and ahem c alit alien by the son
against his aged father. The last %Tii., thettireadfol chafer
a liich was imputed to the prisourrs—the e wars the son,
and the other the servant of the deeeasedl Ie mentioned
this not to excite. their passions ; on the coot y try, they must
not suffer themselves to be transported by their indigine ion
r
ss, the crime, to be caused, by 4 pretnatitie judgment, to
prtinomice the accused guilty. They nurse discharge front
their minds all they had heard elsewhere, .ted found their
eel diet only upon the evidence a Ilich should be adduced
hcfcre tilt m, for upon that alone they bad sworn to terms'.
!heir verdict. With respect to that evidence, from which
they must form the result of their n pinion, it must of neer..
sity be collected front a satiety of circumstances, all limiting
to the same end. The mug tlcrer did not do Itifk fool deed
in the presence of witnessts. He chose night and solitude
tar die perpetration of his clime. The decen•cd, hlr. Chew
nil, %las a respectable tradeeman at Guialinttit ,tear this
placeonol was also a man oft onsideralde Attop.trty. 'I he
pi ',Mier Chennel was Isis son, the uther,istrsoiset•ltiirnrniart,
and hail Imo n so for :navy years, he liai,ting 1 Vltik far"' in
addition to his trade of a cornier. E.:iiabeth Wilson, the
other person muirdered, ass a liarnilesii old wpmen, whti had
beau also for 'ratty}'cars his hoisseetpire ..:FllO.lll-140ner
Chetinel lodged in the too it of Gut:aiming, and tnnially took
his meals at his father; self t 4 nut ledge; tilerg,;4l4l it would
be proved hairnet iliat quil fading w bieh a seittutititt to have
for LI f3.ltllfr: .6: ' iiinivel Tuesday, the 11th of Nov.,
last, aboilt , ,llielowssi of &dal • g ma. ;alarmed
• will( flit -.l4eintirt that Mr. Chentiel mid his housekeeper
were both Totind mord,' ed to-their home, a Itich. stint in the
middle of lb. street at.Godalilling—ille,clid•gentleiiiin in liis
bed, and the housekeeper in what was enlm il the front
kitchen. They went last !Pet, alive at about eight o'clock on
the 'al onday evening. and from circumstances the :mullet
most 11411' been committed from nine to ten o'clock. The
old gentleman was a very regular man, and went to bed
usually at nine ; his housekeeper sat tip after him f.a• sonic
time, and It/Nally reined to rest at 10. s He Was loons' in
his bed, and therefore it was dune after lie had roiled ;
she was found. ha the kitchen at %murk. not Itavin.:, 1). i'li to
lord, and the work a Inch lay near her was a shit: tit the
prisoner's, which she WAS IlaCtldill:t. it %AS therefore pre•
'tamed, that it was before her u: sal tithe of going to rest.
The person also •alto lived in the nest house, and ahem.
bed-room 6.(lioined to Mr. Cliennel's, went to tied at ;0 o'clock,
and could bear any thing that passed its his boom, but dill nut
hear any noise after that hour. Li addition to thi.ra person
was passing the house about halt'-past nine, and heard a
scream, awl after almrds something bill, but did nut suspect
ally thing of tie dreadful deed which was then prohtbly in
lerpeteation. 'the nest morning, when a farming, servant 4.1
Mr. Cheimers came to the stumbles tor the horses at Itho'll
six, It, (mind Chaleraft there as usual ; and it was the con_
duet of Clialerall that excited suspicion agaihst him. 'fury
dressed brit horses, and went to the house allele ustially the
old gentleman and his housekeeper a mild he stirring at kat
bona. 'F,e door was open, lint to one appeared ; at length
Chats raft went into the front kitchen, and the mile; lieettl
tam calling his master, but no slower. Nov• it %solid re
proved that the mortlered body of the litosseks-tpet laid so
sliella post that, that when he opened the door lie twist have
sees it, and indeed must have stepped 1,51.1' it to gel to di,
stair foot door, and diet efure Its affecting tot to sec it auts
natter of urt at ohs; it' nn. In addition to this, alien the
Alarm was given, he stated list his ums.cr arts monies u-s 1 lip
abuts. before he or any tine hail been op stairs. Ile as
kima ti .o he the constant companion of the other priseiter,
Clievinel, and the, efio e lie was maim, (timely sent tor, and nn
, searching the 'sox 01 Channel tan 11. Ilank.toites were loom!,
on: if them sitglitly lioy.ll with 1610061, %%Mel lode, trolls' be
grimed to the posst•ssitot of the father 4 tow days lit AM.'
File prism.' r at mite al Is nobs sedued the totes 'tail bell Isis
fatlies',, and said that his intht r gate them to him on the pre-
orodiag ..lintlaS ; lat. slamle, Itowes er, tall evidence to 'stove,
that tin punnet, ni the 1.6111 y pin t sit. Monday, could not pay a
stun at } I. hot annul In .4tut k tin )16.thha) eight, 6ttill the
thanks was soppost il to be emothitlrtl. he %scot to the Itirl6..
mond At is, ill ilsa ts.m it, and styntoott tell money very pots-
fonely. . As they wets 60111 silvertril, they were I &nailed to
say who le they load 100 ii, 611e6 a m tht r they were together of
ant Matalay i.% tiling. '1114.:, !sells di:trill that tiny lird tot
"en each ' iti''r stilt '' I'm' pert soling Ft id tv. The falsity of
ht. ,6:41eme6.1 w• 6.6661 oo 416mA:tolls loosed, fro Iloilo Chatelatis
.064‘ t'llet.lB,l 'err a. i II 101 l Iht spot At Isalf.p4,l 011ie on tits
' vErll"g of '1" "I"'d,'ls, ..V4 reehnet ass sten siamlit g al
the sty eassa;;e attach led to the dt.ecaaad's huuse, ./...ti a

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itness afterwards passing by f aVI it woman walking backward
and forward heroic the door. appaiently on the watch. Tide
stoman, it WAS 1111 W evident, was oily Sarah Hurst, an heccur..
place; :awl Chalet all Wai %Cell Wis 11.111; towards his home,
'latest fellow ing hint, and Clieme•l at the same tiniet
back to the Richmond Arius, which he bud lett Soule limo
betnie ; insi-tang that he went oit tit look after a W 01311.11,
111111 Was gone tae short al• •,11141 A pipte he left behind hint
was buirsaisig when hr retoturd. It W. 14 niso singular, that
Chaleraft hail A abort time hi tore deflated, that '• these would
bra biguer blow rip before long than Godelming Lad est r •
seen." With respect to Channel, the prisoner, he was sr.
pa cited film his wife, and was in the voiretant habit of using •
invectives against his father and the old %inmate. Them.
were the eireninstonces stispieion; but in addition to
this, he should rail Sarah Hurst, the accomplice of the
decal. The Jnry knew that an accomplice was all infamon%
character, and ought not to he believed, endess eelifinue,L
bi other testimony ; and in justiee to the prison( r, bs Wit%
bunud tfl state, that this eitcomplices Hand, hod Remised
Anil 11, lie N unlit got :111ellt1111111allte'et-Wllll, !Tot inv e, ';gas.lk. •
tam, Wire clearly innocent. They would hear the w tioie
east, and decide Impaitiallv.
For the prosecution tirade were then called about thirty. •
Geoege,Wpouli had:ChN geeing Castes prow oeeing the till •
woman eriv.o,l about eight o'clurk on ;tiestif4y, the I,l#ll 01
Novenae r. , •
J. Cti.ri iiieton, the farming servant. stated, that.on ?nes-
'l4Y wt. about !mit' pest sis, he *tut to die stablec
behind the liense ; he haunt! Chideraft therep the side door of .
the kitel.t 11 WAS open, licit hia master was lini nit, nor the -
housekeeper. He and Clialerall breakfasted hi, the back
kitchen;andas no one appeared, Ch.:derail said he would
call them. Ile heard hint open the door leading to the kitchen-
and call' Master;" buf 110 reply was given. The niter,.
afterwards weot, and on opening the dour, lie saw A plid.l:.• nt
blend, :Md the housekeeper dead he put has finger down and -
• !combed the bleed. They then both ran assay iota the 'beet, .•••
and ;Maimed the fie4,hiietits.'
W. H. Caesium the next-door neighbour, stated„lhat he went
to lied at ten ; his door-way faced Cheinirl's kitchen duor,
unri at ten there was no light, and all was quiet ;in the more. .
ing he was alarmed st ith others. Chaleneft was stantheig
opposite the Mouse, coil -said old Bet And his master wet e
Math tem timed. Ile, -will' others, seatelied tite Manse t the
heads welt !Catchier(' atel the throat* clot, Sevelal persons,
who had assembled at the Marie, were examitird, and they
nen cal that the old getilltman was found in his bed, and the
housekeeper in tile kitchen, in her clothes. Clicimel, the
son, was :eat for to his loilgiage. He went up stens sit the
request ofsionie,and, as described Isy cine.witness, be gaec a .
side look at his father's corpse, and then sat dolit, and ceo
vet ed his fee,: with hie hard.. In the barite was funnel a
hammer, which bad unqtreetionably been ,the weepeni with
which the sands of thienvec'eeed half, been feactiteed, anal a
ease knife covered wilti litiewle.with *hick .the throats had .
.been cut, The money in the old man's !percher., about tit.
hail not been toicelieil; but the tilt in the bitty had bete forced, •
and its contents taken aces;
One wttneestot the nlamae offiteene, said,. lee thought lee Saw
a spot et bLami coel.:lnsteraß's frock, near the elbow.
Wm. Parboils, ileisetigeon, suited, that be sew the bodice ,
early in the m 41111141 f 1:14.14.1, and he was alt opinion that •
they wet astemiell fitst; and. had theit tfiruati cut while in *
state of insensibility-. • •.* • •
A willies* of ittk natne,'OrGeor.ge • Anetitt,'w4lo *peke to the •
position ulthe,houty lif.tire hotierkeepre, *toted, that Chat- re
craft must lia4;' seen her clothe liner when he called his mas- r
ter, and that he made 'inn thew him how he stood when "
called; at the Name time asking n why lie did not open
another door, which was the more,* ns inetitud. He made •
use of this renialkable tap i eSiSCOI, e would have done at
I did, if you knew the pedigree is(ilte affair its I do." lie
also asked him why lie did not grr nit Ili see his master's body.
lie replied, that he dub! not toiell the: tows; beeense Le
never saw any mars mnrclered butt Vie mast•at Petersfield.-4
Wittiesseiskril if he meant to sus he had seers that nail mur-
der'', ? He said, 1.0 ;he meant after si as intit tiered.
The notes knurl at Chenners were iteeditei : one of them
Only was bliglitly tinged, hot not very eppai Cut Whether will'
blood or not. Both were found Guilty.
The Lem ned Jualse proceenid to pass the awful aritteu..e
of the law, apparentlymitichaffeeteal. lie trail the pi 'Name. s,
that they had often foiled hy a Jury of their (111111 t ry-
-111.11, also the lutist lumen e aril patient ill v. stigai ion of the ;e
rase; add he might now invittia to ss hat lie had studiensly 114
stained from hinting before—that he hocielit the coon-lotion
they lied come to the only one to which any rea•otiehle malt
I could emote un the evideece aeaiest them. After the ex:lna:Ma-
bun into which the cowl had already entered. he lilt ilia: hr
could hot intleh longer iiieke a demand on their attentin!-, ;
hilt he could feet omit statitig to the /9r:sutlers: the sitteeimi
an which they stood with regard to the deceased. The u::e
of them stood in the relation 1,1'4%011 -a relation which etiel,:at
always create the utmost leverence mid lily, ; the ether .re
that of a scream, who should alweye counts:ma duty:m.l re-
spect. Murder committed in these relauuus could sear .eiy
minim of aggrasation, but the crime its their ea.e had teen
aLg as 'lied by eiiefillistillletS of almost unexampled atrocity.
Die nun haul lifted lap his hand. nut only again.' his rithcr,
lint that (ether aged and feeble ; mid the other ag iinst a mas-
ter whumhe himself bad denominated kind wad benevolent.
If Hwy had not yet prepared their miuuls. Ily repent:llW,, 11)
•iapplicale that God whom they had 4,,r.eiaded, they staindi
mploy the tew hours that yet remain. d Irr that purpo.e.
us ithoot esetessly denying their giult, and raided% out to place
Then snails in a stile to receive pardrn in anellact world lin 4
shod like Ibis. He had now only to pionosince the a a tin -to.
tense of the has, Wald) was, that they be taken Melee the
priseia,fa um whence they came, and on Ft ialav ears 'l, al to
the place of execution, there to he hung by the :leek till
and 11161 holies at cis to lie gisen to auAlutuis.sl and
clai.i.cied Arco. 'ling to the Statute. 'this beis.g the setateuce
of the law, the Lord have mercy on their souls. pri-
smiersieere then led away, Chaleraft protesting that lie wat
0%1111414711114S the Child 11111eti 11,"A11,1 Cllellnel sit) uiug
The latter if ems .0 pet inn about dU ; IS a slot made melt,
I.llller le lie corpialtut, with the umber of A g• ad
apeatenity rendered heavy and dell by U e effect • of
indolence and irregular habits. Ile was di u tied ill a Liar k
jockey cuat. a sti ills d w aistcoat and a black iseckeichaid.
Ile displayed, nit his entrain e into (lour I, the to uned
toner to Ins eituatinn, and did eppi at to he mot li nail d
1.) any thing (has ouch:red ire pi ;seller Clials•l4tt 1.111•181.
ell ill smock truck, with a Velem ed I 11,•,1
.all/111 Ins neck , he had als the suss ic App. Aeitilet of •Ilis
.ituatime.i..ineil to a ronsidrrabte degtee 'll Orliteitesi ill L.%
eye and grarrat iidellipence in Lae coisiiti•nane. ; hr stn meal
54,11 re. and confident, but Ni the Jame Lillie tactical and attest.

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the Judge's address, the prisoners, appearing both
fatigued, were allowed to sit down on the aides of the dock,
Chaleraft had no Counsel. Mr. Co: ~uou Sergeant and Mr.
Andrews were Colin, el for Menne!. The Connael hir the
pi oseeuniiii were, Mr. Gurney, Mr. Holland, and Mr. Heath.
.-- We observed the lion. Grey Bennet, M.P: on the lett hand
Serge.tut Lens during Ow trial.