The Sun.
London, England, 1837-03-28 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.-LANCASTAR, MAncm 23.
NISI FRIUS COURT.—DAVID GIBSON AND OTHERS V. BAR..

TON AND OTHERS.

This was an action of ejectment, to recover certain pro-
perty in the neighbourhood of Rochdale, in this county.
Upwards of two thousand pounds per annum depended upon
the issue.

Both the plaintiffs and defendants claim as heirs at law to
one Alexander Kershaw, who died seized of the property in
question in 1788. The plaintiffs are descended from an
aunt of the testator. The defendants are descended from
his sister, and of course, if legitimate, nearer of kin to the
testator than the plaintiffs.
Alexander Kershant died in 1788, leaving several illegi-

timate children, but no lawful issue. To these illegitimate
children he gave a life estate in the property in question,
with some further limitation, after which they devolved on

,is heir at law.

The greater part of the day was occupied with an elabo-
rate deduction of the pedigree of the plaintiffs, who finally
appeared to be the next heirs to Alexander Ker.ham, in
case the issue of Mary Kersham, his sister, were ille-
gitimate.

The jury returned a verdict for the defendants.
CROWN COURT.

William Cookson was indicted for administering arsenic to

his wife, Mary Cookson, with intent to murder her. Cook-
son had for some time previous to the day on which this
offence was alleged to have been committed been upon ill
terms with his wife, and was then separated from her.
They both lived in Preston, she residing at a house where
the prisoner had formerly lived with her, and with which
he was well acquainted. Her two children, one eleven and
the other five years of age, lived with her, and an old man
of the name of Brown lodged there. On -Saturday, the
21st of January, prisoner and his wife met at her house,
but again parted on ill. terms. The next day he called on
a person of the name of Dewhurst, with whom he was ac-
quainted, and asked him to go as a voucher for him to the
chemist's shop, as he wanted some arsenic to make a solu-
tion, for the purpose of curing the itch. At the chemist's
he alleged the same reason for wanting it, and finally ob-
tained an ounce of white arsenic. It was properly labelled
and marked." poison." Dewhurst went with him to the
Item's Head public-house, where they had a little ale, and
where Dewhurst left the prisoner about three o'clock. Some
little time after he called on a woman of the name of
Whewell, with whom he was acquainted in Preston. He
seemed very moody, and spoke little. What conversation
lie bad, related to his wife. At last he made use of the
followir'r expressions :—" What will be the end of all this?
I don't know, but I fear something serious. To think of
two children to be left desolate ! I wonder if they will hang
us both at the same place." Mrs. Whewell told him it was
nonsense to talk in that way, and rallied him upon his de-
spondency. He still seemed very gloomy, and shortly after
left the house. A little after seven o'clock he was in a
spirit vault kept by a person of the name of Parker at
Preston, and he then seemed very much agitated. He
asked for some peppermint. On receiving it he drank the
health of one of the young women at the bar. She replied
" The same to you." " Nay, nay," said the prisoner,
" there's neither health nor happiness for me in this world ;
it's a done job."
Some time after, between seven and eight o'clock, a
woman who resided next door to the prisoner's wife, saw
the prisoner come to the front door, and try the " sncck."
He went in, and closed the door after him. She did not
see him come out. A little after eight o'clock, Mary
Cookson, who had been absent during the day, returned
home. The next morning she rose about eight o'clock, and
proceeded to make tea for her breakfast ; the first cup she
took seemed to have a very peculiar taste, and before taking
a second, she perceived a burning sensation in her mouth,
throat, and stomach. On pouring a little of the liquor
into a bason it appeared whitish, and she then also per-
iceived a white powder among the -leaves, the inside of the

to
at.at being also covered rids a similar substance. She
shortly afterwards b-eame very sick, and vomiting, was
prPituced. Becoming alarmed, she poured all the liquor
abf: the tra.kaves, and took it across the street to the shop
aof a cheaust aml dru7ist, who, from the symptoms sire
described, suspected the presence of arsenic, and took rnea•
sures to counteract its effects. She remained very
however, for a week. On the tea loaves being analysed„
arsenic was found in large quantities. There could not he
less than would suffice to poison twenty indtvld'aals. Ar-
senlc was also found in the oatmeal in ttm house.

On being apprehended, the prisoner professed to be to-
tally ignorant, of the cause of his apprehension. While he
was being taken to the police-office, the constable observed
Lim take his hand out of his pocket with something in it.
It was a piece of paper wrapped in 0 piece of cotton, which
contained a soft white paste. This also proved to be arsenic.
Verdict—Guilty. Sentence was deferred.

Pete. Daly was indicted for wilfully' settin4 fire to a
stack of hay, the property of Whittle Fallows Whittle, at
Charnock Richard, in October lan.

---
The Jury, after hearing evidence, returned a verdict of
Not Guilty.

FRIDAY.

Sentence of death was recorded against Wm. Cookson.
There being no other prisoners for trial, Mr. Baron Al-
derson took some causes from the Prius list, but none
of them were cf any public interest.

CLEMINSON V. SALMON.
The plaintiff is an attorney at Ulverstone, the defendant
is clerk to Mr. Postlethwaite, an attorney at the same
place. The action was brought to recover damages for a
libel upon the plaintiff, published in the Preston Pilot, on
the 30th of July last. Mr. Braithwaite had formerly been
the landlord of the Braddyl Arms at Ulverstone, and sold
his interest in the concern, with certain fixtures, to a Mr.
Worthington, his successor, for 1831. The bargain had
been negotiated through Mr. Cleminson, who was present
at the settlement of the account. Some time afterwards
Mr. Braithwaite applied to Mr. Worthington for the sum
of 1/..55. for the hire of a certain chaise of the former,
which, with two horses, had been left on the premises, and
which had been used by the latter five times. For the
horses it was admitted there was to be no charge beyond
their keep ; but for the chaise Mr. Braithwaite insisted
upon being remunerated at the rate of ss. for each time it
was. used. This claim, if due at all, existed, it would
appear, before the final settlement of the account, and
should have been included in it. For this sum of 11. 55.,
however, an action was brought in the County Court at
Perkston, where a Mr. Noble appeared for Mr. Worthing-
ton, and Mr. Cotterel, the agent of Mr. Cleminson, for Mr.
Braithwaite. In the course of the trial, Mr. Cleminson de-
posed that when he called upon Mr. Worthington for payment
of the sum in question, he said he did not expect to be charged
anything for the chaise, but if Mr. Braithwaite chose to make
the charge he would pay it. Mr. Noble, in opening the
defendant's case, spoke in very strong terms of the evi-
dence of Mr. Cleminson, which he characterised as a
tissue of falsehood. Some of Mr. Worthington's wit-
nesses on cross-examination admitted that Mr. Cleminson
was a respectable attorney at Lancaster, and the assessor,
in summing up, thought the observations of Mr. Noble un-
called for by anything which had occurred in the course
of the trial. A few days afterwards a report of the case
appeared in the Preston Pilot, in which these observations
of Mr. Noble were inserted in full ; but the evidence, on
cross-examination, of Mr. Worthington's witnesses, and the
observations of the assessor, were omitted. Mr. Cotterel
immediately called on the editor of the Pilot, and obtained
the name of the defendant as the party who had supplied
the report. An action was commenced, and a letter was
subsequently written to the defendant, saying that Mr.
Cleminson was anxious to punish the actual author of the
libel, and if he, the defendant, would give up the person
by whom it was written, if any other than himself, and
supply evidence by which the case would be proved, the
action against himself would be withdrawn. To this letter
there was no reply. On the record, besides the plea of
not guilty, were eight special pleas of justification, assert-
ing, not only that the report was correct, but that the prin-
cipal allegations of Mr. Noble were respectively true.
Mr. Cresswell, for the defendant, admitted that, as the
law now stood, there must be a verdict against his client.
The Jury, besides several issues which were admitted on
both sides, found, first, the defendant guilty of publishing ;
secondly, that the action in the County Court was not a
trumped-up action ; thirdly, that Mr. Cleminson's evidence
was not a tissue of falsehoods ; and, fourthly, that he was
not one of the most hardened of his profession—Damages,
one shilling.