The Sun.
London, England, 1863-08-13 00:00:00

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.—WELLS, Auo. 11.
CIVIL COURT.
(Before Mr. Justice Willes.)
' The following case had given rise to so much excitement
in the city of Bath, that it required all the exertions of the
police to protect the parties from the violence of the mob, as
it was considered to be a case similar to that of Bird and
his wife, who were tried at Exeter some years since, and
which had given rise not only to great litigation and much
legal argument before the judges, but eventually to a spe-
cial Act of Parliament.
Alfred Gardiner Wenslay, and Lucy Wenslay his wife,
two respectable young persons, dressed in deep mourning,
were charged with the manslaughter of Jane Reynolds, a
poor orphan 14 years of age, who had been brought up in
the workhouse, and when 13 years of age had been placed
with Wenslay, a furniture broker in Bath, as a servant,and
it was alleged that Wenslay and his wife had treated the
poor orphan with such cruelty as to occasion her death.
The prisoners were first indicted for manslaughter, but
that bill was thrown out by the grand jury. They were then
charged upon the coroner's inquisition with manslaughter,
but no evidence being offered they were acquitted. The
indictments were then severed.
Alfred Gardiner Wenslay was indicted for unlawfully as-
saulting Jane Reynolds, and occasioning actual bodily
harm, at Bath, on June 7.
Mr. T. IV. Saunders and Mr. F. Baily were counsel for
the prosecution ; and Mr. Collier, Q.C., and Mr. H, T. Cole
for the prisoners.
According to the statement for the prosecution it appeared
that this poor girl, being an orphan in the workhouse, had
been placed by the guardians as servant to the prisoner and
his wife, two very young persons. After she had been there
some time the neighbours heard screams and blows, and
they saw bruises on the person of the girl. At length she
was removed to the hospital at Bath, where she died of con-
sumption. The following evidence was adduced :
Jane Thaekrell—l live at No. 12, llampton-row, near
Bath. The prisoner lived at No. 11. I knew him and his
wife. Jane Reynolds was their only servant ; she was 14.
The houses are small. 3lr. and Mrs. Perkins lived with me.
I was at home on Saturday the 7th of June. About 11 o'clock
that night I heard the prisoner speak to Jane Reynolds. I
knew his voice. Our kitchens were on a level with a very
thin wall between them. I called down Mrs. Perkins. I
heard the prisoner say, g4D--- your eyes, Jane, I will kill
you, and I will do it to-night." I heard blows and screams.
Jane was screaming, I could hear plainly what took place.
The learned Judge said evidence must be given of other
assaults.
Mr, Collier and Mr. Cole objected to this ; the moment
an assault was proved the indictment was satisfied. The pro-
secutor was precluded from proving more than one assault.
The Judge—lt might be admitted to show the character
of the assault—to show it was not within reasonable cor-

rection.
111 r. Cole—ln Bird's case the assaults were charged in
different
The learned Judge was of opinion the fact of the relation
between master and servant gave a character of continuity
to the treatment of one by the other, and any treatment
within reasonable time was evidence to show the character
of the act,
Mr. Collier hoped his lordship would reserve a case.
The Judge thought not. It was a question of form, and
he must take upon himself so much of what had been called
legal ignominy as attached to the decision.
Examination continued—I have at other times subse-
quently heard Jane scream on several occasions, but I do
not know that the prisoner was present. I heard rows
Tpht
oe
os own. e
th anda
stwoe
dc h
sincel dre
tnh,
eOne
cibuoersnt
nearly every night, late in .the evening.
Mr.
dd Aust,n 0 ta
rbeuf lsdee rt ,0 afterwards ct called
Cross-examined
since ho came to Ham
on Jane Reynolds. Thenoises were about eight weeks before
tJoa ne
measurelte y no
the
d
so. And when Mr. Aust went into the next house I did
not call out for him to hear. I have given information to
the coroner's clerk- I had previously told Mr. Bryant. I
told the coroner's clerk what I have told here to-day, A
police-sergeant lives near me, but I did not tell him. I
could hear the noise of blows through the wall, whether a
stick or the hand I could not tell. I have told you the words
I heard, and have nothing more to say- I did not notice
other words. I heard them talking very loud, but I did not
notice what they said. I could if I had listened. I never
spoke to Jane Reynolds or to the prisoner. I did not say
to Mrs. Morgan that I would have pushed Mr. Aust out if
he had come into my kitchen. Mrs. Morgan told me that
Mr. Aust was in No. 11. I did not tell her I had thrown
open my cupboard in order that Mr. Aust might hear.
by Mrs. Thackrell. I heard
Mary Perkins—Jane Reynolds was a little, thin girl.
She did not look at all healthy. I went into the kitchen on.
the Saturday night, beingcalled
a good deal of loud talking in the prisoner's kitchen. I
knew the prisoner's voice. I heard blows being struck, and
I heard him say he would kill the girl that night. I heard
several blows, and then a faint scream in the girl's voice.
It lasted about five minutes. I heard other words, but could
not tell what they were, I saw the girl the following Tues-
day. She showed me bruises on her arm and face. I spoke
to her, and she then made a complaint.
Cross-examined—My parlour where I live is over the
kitchen. I did not hear anything
in the parlour. I don't
know what the wall is made of, I suppose Bath stone. I
don't think the blows stopped when the prisoner said he
would kill her. I can't positively swear I heard her scream
after he said this. The bruise on the face was like a slap
from a hand. When Mr. Aust was in the other house Mrs.
Thackrell and I carried on a conversation, ehe being in the
kitchen and being in my room, It did not require us to
speak in a loud voice.
By the Judge—The mark on the arm was as if done with
a stick.

Mary Whitemore—l live at No. 7, Hampton-row. I often
saw Jane Reynolds. I have seen marks of violence upon
her ; marks with a stick and other weapons so long as two
months before her death, and some later. Some were on
her back, the impression of an iron tip en the heel of a man's
boot. I saw a lump of a blow on the head with the handle of
a carving-knife. She was lame.
The Judge said the witness was evidently much preju-
diced from the answers she had given.
Cross-examined—l saw the mark of the nails of a boot.
It was early in June. I told the neighbours what I had
seen ; probably every neighbour in the row. I may have
told all the neighbours.
Re-examined—The girl was very feeble.
Mr, Smith Barker—l ani resident medical officer at the
Bath Hospital. Jane Reynolds was brought in on the 22d
of July ; she was in a consumption, and died in an hour-
and-a-half after she came in.
Mr. Collier objected to evidence of bruises, which were
spoken of as having arisen from blows on the 7th of June.
The Judge said there was no evidence bringing down any
assault within a month. It was not evidence.
By the Judge—l did not find any bruises referable to
any assault a month before,
This was the case on the part of the prosecution.
Mr. Collier then addressed the jury for the prisoner.
It was one of the most painful cases he had ever known,
This youth and his child wife, who had lately been a
mother, wore brought to these assizes to answer a charge of
manslaughter. They had heard that there was no valid
ground for that charge. His friend had said that there was
no reason for supposing that these people in the slightest
degree conduced towards the unhappy death of this poor
workhouse girl. She died of consumption, a disease which
deceived every one. No doubt she had the seeds of con-
sumption in her when she went into that service, and no
doubt was unfit for the performance of her duties, but she
did not know, nor did her master and mistress know it.
But a popular notion had gone forth in Bath that these
young people had been the cause of the girl's death, an
impression not unlike:3, to have taken possession of thews
minds who did not know the circumstances of the case.
Every ono
wentthe
haebocunit mouthed—."cruel
neatentof her Oh, she died in
master and mis
consequence
tress." This was a striking illustration of how subject
to
error was popular feeling. But, happily, in this
country,
any one charged with an offence had a right to be tried, and
of
these parties had come to these assizes to take their trial on
a charge of manslaughter—that charge, however, had en-
tirely fallen to the ground, and they Were now only charged