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

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.-WELLS, Aug. 11.
CIVIL COURT.

so much excitement
The following case had given.
ed all the exertions of the
in the city of Bath, that it required
' ilar to that of Bird and
it was considered to be a case similar police to protect the
Mrs.
given Perkins,o f
oth
e
his wife, who were tried at Exeter
(Before Mr. Justice Willes.)stoon
speak f YjF7tBnOeererak: Perkins
levelne
Jane,it
litigation and much
which had given rise not only to
eventually to a spe-
cial ties from tghreeavtiolence of the mob, as
legal argument before the judges, but ev years since, and
Act of Parliament.
Alfred Gardiner Wenslay,
two respectable young persons, dressed i
jnanee prim
news, a
were charged with the manslaughter
of
been broughty up in
poor orphan 14 years of age, who had b
and Lucy W.
deep
yrahouisi
nwinifge:
witht he workhouse,lv e
n 81ay a and
furniture when
brokerl3 years
ins of age
Bath,
ahsad treated the
it was alleged that Wenslay and
his
wifesion her death.
poor orphan with such cruelty as to occasion nhada
sbeerevnanplta,acnedd
Theyw
thaTthbeilpl
charged upon the coroner's inquisition with manslaughter,
The
but no evidence being offered they were acquitted.
rwisaasntehrsrowwenreeufitrbsyt
tihndeigcrtaedndfjourrym.anslaugheterre,thbeunt
indictments were then severed.
harm, at Bath, on June 7.
theMprroisecWutio
sautlifnregd GjanardeinßereyWneelndssl,ayaNnv
da s
occasioningindicted
actualbodaisly-
for the prisoners.
Su a; t lanndde rius
ra
.n
Collier,
oMI
lire. r
,FQ. Bally.e
~ were er e
Mr. counseln .T .c forole
been placed by the guardians as servant to theprbiseoenne
that
girl,
beings statement
orphan
for the prosecutionin
the
workhouse, i t
there
his wife, two very young persons. After sshe had
blows, and
some time the neighbours heard screw
andAt length she
they saw bruises on the person of the girl.
Jane Thaekrell—l live at No. --" knew him and his
swuams removedp t ion . T tohe the
following h o spit a
el
vaitdße
lat.,
c,7wahisieidine
ds;hteoeendd. died of f
nearc con-
sumption, n -
I vant.
Bath. The prisoner lived at No. 11.
sheylnwewil al
es
k. li ill
Il ,
slivwedawhiathvmerey.
wife.
gjthhantomel
The houses are small. Mr. and Mrs.
Jae' About 11 o'clock
rth°lll
home on Reynolds
otlhdes Saturdayw aprisonersththe their
knew his voice. Our kitchens were
thwatasnai
thin wall between them. I called down
heard the prisoner say, " D---- your
you, and I will do it to-night." 1 heardey blows and screams
what took place,'
Jane wits screaming. I could hear plainly
The learned Judge said evidence must b©
assaults.
Mr, Collier and Mr. Colo objected to this; the moment
an assault was proved the indictment wasto character
satisfied. The pro-
secutor was precluded from proving more
The Judge—lt might be admitted
of the assault—to show it was not within reasonable cot.-
rection.
Mr. Cole—ln Bird's case the assaults were charged in
different counts.
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.
It was a question of form, and
ho must take upon himself The Judge thought nseo
if. so much of what had been called
legal ignominy as attached to the decision.
Examination "nth:111
ea_ I
have at other times subse-
quently heard Jane seoam on several occasions, but I do
not know that the prisoner was present. I heard rows
night, rte in the evening.
nearly every a
Cross-examined—The prisoner had two children, one born
since he came to II P
Hampton-row. It has died since the inquest
araThe noises were about eight weeks before
Jane Reynolds die
on Jane Reynolds. d.
Mr. Aust, a builder, afterwards called
wall. I did not refuse to allow him to do
so. And when 1‘
to measure the
ir.
Aust went into the next house I did
not call out for
to hear. I have given information to
the coroner's clerk
I had previously told Mr. Bryant, I
clerk what I have told here to-day. A
police-sergeant 1
told the coroner's clerk
near me, but I did not tell him. I
could hear the noise of blows through the wall, whether a
stick or the has di could not tell. I have told you the words
e nothing more to say. I did not notice
I heard, and
have them talking very loud, but I did not
other words. I
aid, I could it I had listened. I never
notice what they
snolds or to the prisoner. I did not sayer
spoke to Jane HetYhat
I would have pushed Mr.
Aust out if
to Mrs. Morgan
WY kitchen. Mrs. Morgan told
he had come into my
11, I did not tell her I had me
that
Mr. Aug was
in
hrd in order that Mr. Aunt
might
hear,
open my cupbes
Jane Reynolds was a •
Mary Perkins—t
all healthy. I intolittle, thin girl.
went the kitchen on
She did not look a
being called by Mrs Th
the Saturday night'ha
talking in the ''
ackrell. I heard
a good deal of 10 , . prisoner's kitchen. I
prisoner's voice. 1 heard blows being struck, and
knew the 1, would kill thegirl
I heard him say -e . that night. I heard
d then a faint scream in the • several blows, an
minutes. I heard
It lasted aboutvewere. I saw
not tell what they were,
me bruises on theher
girl the following Tues-
day. She show
hen made a complaint,
her, and she t
to . eciMy parlour whereCross-examin I live •
is over the
'd not hear anything in the parlour. I don't
know what the
viablows stopped I suppose Bath stone. I
don't think the ~ when the prisoner said he
I can t positively swear I hoardbruise her scream
...:a• on the face was like
after he said ti-
Mr Au at•
band. when_ _ ' a Was in the other house Mrs.
from a
11 and I carried on a conversation, she being in the
Thackre
kitchen
being in my room' It di
; aandbe' voice. did not require us to
al
speak - loud The mark
By the Judge on the arm was as if done with
a stick.
wbitemore—l live at No, 7, Hampton-row. I often
Mary
Reynolds. I have seen marks of violence
saw Janewith a stick upon
mark, and other weapons so long as two
her ;
months before her death, and some later. Some were on
the impression of an iron tip on the heel of a man's
boot. '
her back,
saw a lump of a blow on the head with the handle of a
, _:,
carving-K.lJ°'She was lame.
The judge said the witness was evidently much preju-
diced from the answers she had given.
cross-examined—I saw the mark of the nails of a boot.
It Wa, early in June. I told the neighbours what I had
see, ; probably every neighbour in the row. I may have
told all the neighbours.
Rosexamined—The girl was very feeble.
31,.. Smith Barker—I am 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-
andsa-halt after she came in.
11r. 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, were 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 sin 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 unlikely to have taken possession of men's
minds who did not know the circumstances of the case.
Every one went about open mouthed—" Oh, she died in
consequence of the cruel treatment of her master and mis.
treas." 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
these parties had come to these assizes to take their trial on
a charge of manslaughter—that charge, however, had en.
tiroly fallen to the ground, and they were now only charged