The National Register.
London, England, 1818-08-17 00:00:00

THE NATIONAL REGISTER

of the Act of the 32d of (eo. 111. by which the Jury, I
4 Vibe of libel, ancii.puaered to .give a verdict on t ,
whole mutter, and on the general .issue of guilty or n
guilty.
Mr. Jivaiee Burrongh.—Tlik art was never construed to
enable a defeadant, upon an int:ietinetit, tojustify by moving
tha truth of the libel.

Miss Tucker proceeded, and remarked, that the essence of
the indictment consisted in the evil tendency of the publi.
cation. This tendency vise sea• prepared to show was good,
asd WOWIti .Calltuliti, that resentment might exist without
malice. 'nit, celebrated Mr. Locke had quoted an expression
from St. Paul, to this effect —" Be ve angry, but sin not." If
the law of libel really was chat she hail heard it interpreted
to be, a new system of ethics ought to be prefixed to it. No
Lawyer or Legislator could intend to punish where there was
Se, malicious motive, or intentional pi ()vocation. The fake.
hood and iniliguity were all on the other side and she
hoped no legal sophistry %%mild induce the July to convict her
of au offence whet e her object was met itorions.
Mr. Justice Burroogli then charged the Jury, expressing
his decided opinion that the publication in question was IL
bellims in the highest dcgi et .
'llse Jury retired for about half an hour, and delivered a
verdict of—Nut Guilty, at the Judge's lodgings. •

SURREY, WEnscsDAY, AUGVIIT 12.
MURDER.
VIE XING V. CHIN Nll, AND C7II.I.eItAFT.

At a very early hour ilii• moaning the Court, and all the
avenues leading to it. were filled lip, so great was the public
Anxiety to hear the trial of these prisoners.
At eight o'clock Mr. Serjr ;int Lens proceeded to the Court;
when the prisoners, 4; Chensiel and J. Clialcraft, were ar•
',signed for the wilful murder of G. Cliemsel, at Giodalining,
uu the 10th of November last : and on a Attalla indictment,
fur the murder of Elizabeth Wilson, by fistettaring their skulls
with a hammer, and cutting their throats.
Otianey dimly as leading Counsel fur the Crown, stated
thr case to the Jury, in a most adreirable speech, fur the lecid
arrangement of the eirellillitalleeti. In his prelintinaly oll•
set valuoils, he said, that even the horrid crime of murder had
its gradations of atrocity. It was aeravated when committed
by the strong upon the feeble and niare•isting—when by the
servant against his master—and shove all, when by the son
against his aged father. The last was the dreadful charge
which was imputed to the prisoners—the one was the son,
awl the other the servant of the deceased. He mentioned
not to excite their passions ; on the contrary, they mast
lot sutler themselves to be transported by their indignation
at the crime, to he ciliated, by a premature judgment, to
proitoinice the accused guilty. They must discharge from
their minds all they had beard elsewhere, and found their
verdict only upon the evidence which should be adduced
before them, for mum that alone they had sworn to found
their verdict. With respect to that evidence, from which
they must form the result of their opinion, it must of 'leers.
city be collected from a variety of circumstances, all tending
to the same end. The !mutterer alid not do his fool deed
in the presence of witnesses. lie chose night and solitude
for flit perpetration of his ci hue. The deceased, Mr. Chen-
net, was a respectable tradesman at Godalming, near this
place, and was also a man considerable property. The
prisoner C.1.1•11Wel was his son, the other prisoner his carman,
and had been so for many years, he bating a little farm in
addition to his trade of a currier. Elizabeth Wilson, the
other person unuttered, was a harmless old woman, who had
been also for many vents his housekeeper. The prisoner
Onlinel lodged in the toe n of Godabning, and nsnally took
his meals :it his father's, but d:.l not todge there, and it would
I: . 'unveil had not that filial feelieg w Melt a sou might to have
thr *father. Oil the mining of Tuesday, the 11th of Nov.
lasi, about seven o'clock. the town of Godaiming was alarmed
with the account that 'Ma. Cheiniel and bin housekeeper
were both f I murdered in their house, which was in the
middle of the street at Gadalming—the old gentkman in his
hid, and the tuiseki•eper in what was called the front
kitelien. They were. lash seen alive at about eight o'clock on
the aloaday evening, and frum circumstances the 'mutter
st hat r been cummitted front nine to ten o'clock. The
old gentleman was a very regular man, and went to bed
morally at mime ; his housekeeper sat up after him for souse
time, aid usually roiled to rest at 10. He was twain ill
his bed, and therefore it was done after lie had retired ;
she was found in the kitchen at work, not having been to
Med, and the work vs hitch lay near her was a shirt of thin
prisoner's, which she was mendinc. It was therefole pre-
sented, that it Will Intuit. her usual time of going to rest.
The pers. n also who lived iu the nest house, and whose
bed-loom sAljoined to Mr. Cliennees, wens to bed at 10 o'clock,
and COOl4 hear any thing that passed in his icons, but did not
hear any noise after that hour. In addition to this, a person
etas passing the house about half-past aline, and heard it
scream, tool aftert% arils sosurthing t it lid t
f.i.., _ll_ t.._ 110. suspect
any thing of the dreadful area which was then probably in
pc( petration. The next morning, when at rattanll servant of
Mr. Chemiel's came to the startles for the horses At alioni
six, lie f I Clialere ft there as ; mid it Was the con.
ding. of Clialeralt that esetled suspicion against hint. They
dresved Ihcii /wise', and went to the house whets usually the
old gentleman and his housekeeper %stolid be sliming at hat
hour. T. door was op. it, not no one appeared ; ;it length
Cli4iel aft %%rill jute tip, trout kitchen, and the horrid'
hint eahing his master, lint no mower. Now it would he
proved that the murdered body or the I 1111 l sekecper laid in
such a larsitiitil, 11141 W 111.11 lie opened the ilttor Iry must have
sera it, and indeed most have stepped over it to get to the
stair lout door, and tin refute his affecting not to see it was
matter of great simpleton. Ins atltliiioll to this, when the
alarm was given, lie stated that his ilia& er was mintlem IA up
stairs, before he or any one bad been up stairs. He St a
known us he the cunstaill c pantos of the oilier prisoner,
Chimer', and them efute he was immediately seta lei, and on
searelimg the box of Cheituel two 11. Beek-irides wcit. 1111111,1,
4.11 j of them slightly tinged with bl I, Ss larli 11014 s aituld be
tweed to the possestriois of the father it lira days br rile
The primmer at osier auk now ledged the notes lead been laht
fathei'•, and said that his father date demi to ham toe the pre..
ecetling ashdac : sholllo, 'lowest r. call VS111(11111* It) pause,
that the prssomer, in the early pat t of Ilnuolay,votaltt not pays
!•11111 ot eftl. but about 10 o'clock on Monday night, alive the'
'tier was snopttsed to be rouuuitue 4, lie went to the Mel,.
mond Arms, in that tows, anti squandered mousy arty piii.
tint ly. As they Were both 1. ti, they Wel Clt quited to
say it het e they had bet it, moil tt bier they *el Ihro ui
tie 3litaiday eve g. They both ago erd that Ili, v had nut
Z.lll each ether preCe.lllll4 Friday. The falsity of
iii• atm ement world be itiont;ilaist Iv pros ed, our both Clialerist I
and ('kennel were seen on the spot at half•past male on the
everting of the murders, and Clieustel was Peel, standing at
the vary passese which led to the deceased's Louse, and a

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AUG.

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witness afterwards passing by saw a woman walking bark wn rut
and forward before the dour, apparetatts on the %soli h. '!'Lis
woman, it was 11(1%% rsident, was one Sarah Ilurst, an aceom.
plice; and Chaleraft was seen asking too:1111s his home.
Horst following hint, and Cbenriel at the same time went
hack to the Richmond AMIN which he bad left scone litre
before ; he insisting that be went out to look after a woman,
and was gone so short a time, that a pipe be left behind
was Wit when he leturned. It was also singular, that
Clialeraft hail a short time before declared, that " bete would
be a bigger blow up b. tore long than Godalniing bad evt r
seen." With respect to Chentiel, the prisoner, lie was se.
wilted from his wife, and was in the constant habit of using
invectives against his father and the old woman. These
were the circumstances of suspicion; but iu addition to
this, he should call Sarah Hurst, the accomplice of the
deed. The Jury knew that an accomplice was an infamous
charaeter, and eught not to be believed, 'unless confirmed
by other testimony ; and in justice to the prisoner, let was
bound to state, tic-t this accomplice, Hurst, had arensed
and B. lie would not mention tomes--who, opon investiga-
tion, were clearly innocent. They would hear the whole
case, and decide impartially.
For the prosecution there were then called about Wily
wttme•`is.

Georgi. Woods and Charles Cotton roved seeing the old
woman alive about eight o'clock uu Monday, the lOth ut
November.

d. Cursieigton, the farn.ing servant, staled, that on Tues.
day nun sling, about half past six, he a en; to the stables
behind the house ; lie (mind Chiller:ill there; the side door of
;he kitchen was open, but his master was nut up, nor the
housekeeper. He ouch Chaleraft breakfasted in the back
kitchen ; and as no one appeared, Clialeratt said lie would
call them. !le heard him open the door leading to the kitchen
used call " 'Master;" hut 110 reply was given. The witless*
atter% ards scent, and on opening the dour, he saw a puddle of
blued, and the housekeeper dead ; lee put his finger down and
touched the blood. They thee both ran away into the sheet,
and alarmed the neighbours.
W. H. Colton, the nest. door neighbour, stated, that he went
to lied at ten ; his dime .way faced Chemed's kitchen door,
and at ten there was nu light, and all was quiet ; in the intern-
ing lee was alarmed with others. Chaleraft was standing
opposite the house, and said Old Bet and his master were
both nem derv'. He, with others, searched the hotie ; the
heads were fractured and the throats cut. Seveial persons,
who had assembled at the alarm, were examined, and they
agreed that the old gentleman was found in his bed, and the
housekeeper in the kitchen, in her clothes. Cliental, the
son, was :Cut for to his lodgings. He went up stairs at he
request olsome, and, as described by one witness, lie gave a
side look at hi. father's corpse, and then sat (town, and co.
vered Isis face wine his hands. In the house was foaled a
bonnier, which had unquestionably been the weapon with
which the skulls of the decease d had been fractured, and a
Case knits coveted with blood, with which the throats had
been cut. Tin money in the old man's breeches., about 111.
had not been touched; lint the till in the shop had been lures el,
and its contents taken away.
One witness, of the name of Keene, said, lie thought lee saw
a spot of blood on Clialeraft's frock, near the elbow.
Win. Parsons, a surgeon, stated, that he saw the borlas
early in the morning of Tuesday, and lie was of opinion that
they were steemeed first, and had their throats cut while in a
state of insensibility.
A witnesses of the name of George Anstin, who spoke to the
position of the body of the housekeeper, slated, that Chat-
craft must have seen her on the floor when he called his mas-
ter, and that he made him spew him how he stood when he
called; at the tame time asking him why lie did not open
anothesr door, which was the more obvious method. He made
use set this remarkable expression, " you would have done as
I Jid, if you keen the pedigree of the affair as I do." He
also asked him why he' did not go up to vet' his master's; body.
He replied, that lie foetid not for all the town, because iie
never saw any man murdered but the man at Peterstield.--
Witness asked if lie meant to say he lead seen that man mur-
dered? lie said, 1:11 ; lie meant after he was mut &Ted.
'f he notes found at 4:helloed's were produced ; one of them
only was slightly tinged, lust not very apparent whether will'
blood re not. Both were found Guilty.
Thu Learned Judge proceeded to pass the waled sentence
of the law, apparently much affected. He told the prisoners,
that they lied been foiled guilty by a Jen yof their country-
men, after the most min nre and pationt investigation of their
case; anti lie might now mention what lie had studiously ab.
stained from leaning before—that lee thought the conelmitia
they had come to the only one to which any reasonable 111.111
could come on the evidence against them. After the examina-
tion into which the Court had already emceed, he felt that he
could not much longer make a demand on their attention ;
but he (mid not omit stating to the prisoners the situation
in which they stood with regard to the deceased. The one
of them stood in the relation of a son —a relation which should
always create the utmost ucerrence and love; the other in
that of a servant, whet should always cumulated dilly and re-
spect. Minder tech in these relations could scarcely
admit of aggravation, but the crime is their case had been
sags ievateil by circunestaieces of almost unexampled en entity.
The one had lifted up his hand, not unly against his father,
but that father aged and feeble ; amid the other against a mas-
ter whom lie himself had denominated kited cud leenveolent.
II they had not yet preps; ed their minds, by repentance, to
suppheale that Ouch whom they had offended, they should
employ the tew hours that yet remained Mr that purpose,
without uselessly denying their guilt, awl . "ideas our to place.
their 1.011118 lei a s(le 10 to calve herein;; in another would fur a
deed like this. H. hail now only to pi out:once the :soled seie•
tenet' of the law, which was, that they lee taken hence to the
prison 60111 whence they cause, unit use h.ielay neat Carl irJ to
il,e ;dace of ckeention, there to be hue; by the neck till dead,
acid dicii botlits altetwarchs he be gives) la be anatomised and
cheese cteJ mem ding to the Sweatt.. '1 his beiteg the sentence
of the law, the Lord have met cy on their sunk. The pri-
soners were then led a% ay, C ra putt esting that he was
"as innocent as the child unborn," and Cletsia.el see, mg noshing.
The lanes se t nets a preson about 40 ; lit is a stout simile 111d111,
rather iewlined so he corpulent, with the WPftline of a good
lice, appall-04y rendered heavy and Cull by We cite et. of
iiededener amid erregeolar habits. He was dressed ilea Mau' il
jockey coat, a snipe el es nisi coat and a black neekee cheer.
lie disalnye el, on his entrant c into Cone t, the utmost Statelier-
ceice 1.. Ills 1•111111111;11, 111111 did net appear to be ineele tune bed
Si% any Heise that ocean red.—'l he ;seismic'. l'halve aft appear-
ed in a ~muck clock, a colonies' leamikerehie t tied eerie.
1ei...1y about his neck ; lie lead all the ust is iippearanee of his
Aitisatiuti, joined to a considerable degree at atesteuess in 110
rye and general intelligence in his countenance ; he see-nerd
secure and coutitlen:, but at the same time camel,: and att::u,
tive.

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