The National Register.
London, England, 1812-03-15 00:00:00

TIIE NATIONAL REGISTER.

ALARCEI

they would deny the truth of the Hon. Bare) colouring.—(Hear,
/tear!)--He denied the assertion that no man raised his head after
havine received corporal punishment. He knew many instances where
men, after having received corporal punishment, had been so exem-
plary in tle.-ir behaviour, as 16 merit the respect of the whole regiment,
and had afterwards been made non•commissioned officers, and had
ultimately hetoi raised to the rank of Officers. He knew these facts,
and if he were believed, the House, he theught, would admit that the
Hon. Baronet was not jus ified in the statemt nt he made. Had the
Hon. Baronet condescended to be present on a former night (when the
Lill was in a Committee), he (Mr. S.) was of opinion that such a state-
ment of his sentiments would not have been made as had been delivered
to the House by the Hun. Baronet. When such moue of punishment
was not necessary, it was not resorted to; it was never had recourse to
bet in extraordinary cases. He had made such assertion, because he
knew that the cases which had occurred had been grossli exaggerated.
The example of foreign armies had been quoted ; if they were to follow
the example of foreign armies, they would only be striking out of the
mi'itary code the present punishment, for the purpose of vesting in the
Officer an arbitrary power. But how much superior was the mode as
it now existed. The Court-Martial were on oath, witnesses were ex-
aelined on oath, and men could not be exposed to the risk of being
punished, without its having been first proved to Impartial judges that
they had committed some offence. The men that had gone from the
hulks to the army did not merit the description which had been given
of them ; they were not such bad men as had been stated. But to prove
that the system of corporal punishment not only degraded men, but in-
capacited them to discharge certain civil functions, the name of Black-
static had been brought forward. To him, it was perfectly new that
B!ackstone had made any such observation • and, not being so off-Land
with that author's valuable work as the ilon. Baronet might be, he
(-mill not immediately turn to the passage. He could not think that
Blackstone had written to such effect. In conclusion, however, he must
say, that the proposition of the Hon. Baronet was inadmissible. The
power already vested in Courts-Martial was a security to them, that
corporal punishment would not be resorted to, except there existed an
absolute necessity. He thought it would be unwi eto adopt the pro-
position, because he was of opinion that it was a species of ; unishment
that ouoM to continue In existence on the statute-book, anxious as he
was that corporal punishment should not be inflicted but whet, itbso-
letely necessary. Whenever the preposition should eteee :Afore the
House, he should give it his most _Reny oissente
Atter some further obsereariotes from sever:., iviembirs, the Houie
divided on the clause of Sir F. Burdett.—For it, 6—Against, 79--
Majority, 73—Adjourned.

PROVINCIAL ASSIZES.

I lER Isl ORD.

The Reverend Satnitel Horrzbuckle, of Watton, in this county, was ea-
ritally indicted under Lord Ellenborough's Act, on a charge of admi-
metering caldmel to Sarah Weeks, his maid servant, in October, 1809,
wi'h intent to procure an abortion, site being then with child.
I'be Reverend Gentleman, against whom the charge was made, holds
the living at Watton, which is of considerable value, and is a person of
excellent character, and great respectability. Mr. Poole), led the pro-
it'CUtil:l, a d Mr. Alley was brought down special to assist in the con-
dacting of it. It was carried on at the instigation of the parish officers,
by snate other individuals.
The first witnes: called was a Mr. Tayllr, a medical gentleman, at
W attuu. He stated, that in October, IseB, the 16th or 17th, he was
S!' it fur to visit Sarah Weeks, Mr. Harnbuck le's maid sen.int. He saw
Mr. H. who told him that Sarah Weeks had had a fit ; that she was in
a on,psy, and he apprehended the water had flown to her head. He
rcioied, Poh! k was no such thing. He went up stairs to examine her,
ant Lund her lying in bed. She was pregnant, and had labour pains
I'l";t1 her. 'tier mouth and tongue were also very much swelled, and he
el!:tilled the symptoms which ensued for several days ; the result of
which uNis, that the girl was in a deep salivation. lie told Mr. Horn-
buckle that the report of the neighbourhood was, that he was the father
of thx`child, and if the girl died, he would be in an awkward situation.
Mr- H. worst into tears. A Mr. Tyce was called in, and the girl reco-
vered. Mr. H. told him that he thought the girl had been dropsical,
an': he hid given her some oxymel of squills, and a cwed him the phial
with ;,one remaining; but he was of opinion that a large dose of mer-
cury had been administered in some shape or other.
On the cross-examination of this gentleman by the Common Serjeant,
it aPi!!ared that Mr. H. and himself had formerly been- intimate, but
tstoce that time they had been at open variance ; and subsequent to this
srriactiou, is 1808, Mr. li. had prosecuted this witness on a Special
and made him pay a fine of 201.
next witness was a Mrs. Vigis, whose husband lived as servant
a,t. H.'s farm-yard. She qated, that one day, about the latter end
c
yztoher,
.haeri 1,809, Mr. H. came from the parsonage, which was near to
house, and begged her to come up, for Sarah Weeks was in a fit.
h Weeks, as she understood, had lived with Mr. H. seven or eight
Whea she got to the house, they found the girl insensible on the
norm a closet.
They got per up, and carried her to bed; her tongue
wad ierY much swe.led, hanging oat of tier mouth, and her teeth

165

clenched upon it. Mr. H. shed tears. Mr. Taylor was sent for, and he
attended several days, and she was delivered of a child, which was e.e.id.
Mr. H. sent her to the clerk with h.,lf a crown, to desire him to bury
the child directly. The child was buried at dusk. After the girl reco-
vered she was sent to her father's, where she remained for some time ;
and the witness deposed, that she was sent by Mr. H. several times to
fetch her to the parsonage, and related a number of mes•ages, which is
hardly credible any man in his senses would have sent ; such as to in-
quire of her from Mr. H. whearer she wzs witnehild again? not to be
-persuaded to say who was the father of the last, &c.
Upon the cross-examination of this witness, it appeared, that she left
Mr. H.'s service in the month of March following; that there had been
a serious quarrel between them, as Mr. H. had acc,ised her of inconti-
nence, and ryproachcil her with bringing up her daughter in loose habits ;
and Mr. H. had sued her on the accounts between them, and had also
threatened him with an action fur defaming his character.

The husband was next called; he spoke in confirmation of some parrs
of his wife's testimony; and, on cross-examination, admitted he was in
hostility with the prisoner.
The Learned Judge here addressed himself to the Counsel for the pro.
secution, and observed, that it the prisoner were convicted of the
crime laid to his charge, he cert:inly must leave him for execution. It
was therefore most important that the fact should be proved by clear
and unsuspected testimony. The cl:arge was a very .tale one, as it w.:3
above three years old, and no reason assigned why it was not befare in-
quired into. The witnesses already produced, it wa; clear, acted fro,:
other impressions than the desire of justke, and he had carefully react
the deposition of Sarah Weeks herself, NN !:o was tuo‘:t conversant with.
the transaction ; and if she detailed in evidence evloit she there stated,
it clearly acquitted the prisoner, `or she denied that the prisoner 6;01
ever administered any medicine to I:er, or that he was the her of the
child. Now, ought they not, at least if they could b:ing the fact home
to the prisooer, to do it by witnesses against whom no imputation
malice could be traced.

Ile Counsel for the prosecution admitted, that they could not rn-11(e
the case strolurer. The Jury• therefore found the prisoner not guilty.—
The Assizes finished.

ESSEX.

Cfiwasroß 0, MA Reit omas Styles and William Pryor were
Indicted for breaking i7:to the dwellini7-hott,e of Wm. Ci.kebread, at
Latton in this county, no person being therein, and stea'ing guineas,
several Bank notes, and other p topL rty.
The pro-ecutor stated that on Sunday, the 12th ofJarmry, he and l'is
wife went to meeting about four o'clock in the antinoon, ;:tog up
the house. and leaving no pen( n therein ; whet. he rettire,.d home, a. d
had opened the outer door, he found that an inner deur Ilan been open-
ed, and looking further, he discovered that his burr u was torced open,
out of which was taken a canvas bag, containing about 100 or 102 rd..
DeZ6; a hutch had also bean forced open, from which was taken sev, eta
flank-notes, among which were one Romtord Bank rote, .t halo torn at
the corner, and a Camp, nige rote. While he WaS at chaol, hr ob-
served Joseph Barnard (an accomplicv) come into the chapa, and look
hard into the pew NY ;-,ere he and his ife sat.
Joseph Barnard (die accomplice) stated, that on the morning of the
robbery, Styles cans to his tattle: s hothe,
which NV W; near St vles's fa-
ther's, and proposed that they should do the robb, ty at N i r. Cakebreati's
that evening, which he said he had retuned in joinin;, but he agreed to
go to the chapel to keep a watch on Mr. Cakebread, and to Ove notice
if he came out upon them. lie ac.ordingly went to the chapel, when
he saw the prosecutor in his prw. Ile afterwards saw Stylet‘and Pryer ;
they told him that they had taken out a wirdow, and Styles said that he
had let in Pryor at the back door. They showil him the bag'„C gunn.:is
and the notes; they took two guineas eacin and aff iud, hid the re-
mainder in an oven. lie had furnish. d isles with a bill at,' a fork be
fore they went, and Styles told him where they had hid the bill and fork.
A few days afterwards Styles was taken up on suspicion.; and he was
himself also apprehended a few da s atterwards. As soul as he was ap-
prehended he told all he knew of the robb,:i y.
This witness was confirmed as to th - finding. the fork, the bill, and
the money, as Styles had related to him; but there was no confirmation
of his testimony against Pryor.
The Jailor also proved, that, while Styles was in cnctJdy, he inter•
cepted a letter from the I;risoner, in winch he advised hum to be silent,
and " not say nothing but burn it."
The LORD CtilEr dARON, in summing up, told the Jury they ought
not to convict him upon the evidence of an -.ccomplice, except as far i 4
he was confirmed ; and observed, there did IY)t seem any confirmation
of Barnard's testimony against Pryor.
The Jury found Styles Guilty, hut acquitted Pryor.
Thomas Goldsmith, a labouring man, was convicted of bigamy. Ile
bad married two wives, whom he had deserter", and was just on thu
point of marrying a third when he was app; chemled.
Captain Rutter, of the Lady Frances Post.oilice packet, surrendored
himself in Court, and was tried on an indictment for the murder of ours
of his crew, by firing a gun into a boat ; and, after a trial of six horn s,
was acquitted of the murder, and found guilty of wanslanghter oniy.
He was lined it and discharged.