The Sun.
London, England, 1822-08-30 00:00:00

MURDER.

John Wolfenden, aged 28, was put upon his trial for the
murder of Eliza Ann Dunwell, at Royton, on the Coroner's
Inquest, the Grand Jury having thrown out the Bill.
Mr. COLT MAN stated, the case. The charge was, that the
prisoner had caused the death of the deceased, his apprentice,
by excessive work and insufficient food. The vestry of Royton
had appointed men to go round the several places in the pa-
rish, where poor apprentices were employed—an example
worthy of the highest praise and of general imitation. The
consequence of their visit was, the discovery of the situation of
this girl, who died soon afterwards. It was for them to say
whether her death was caused by the conduct and treatment of
the prisoner.
Thomas Radcliff's—l live in Royton. I was appointed with
others to inspect the different parish apprenticeships in May
last. We went to Wolfenden's, a weaver. We found the de-
ceased sitting on a loom in a quite emaciated state ; we went
from the cellar to where Wolfenden was. We had made in-
quiries of her as to what quantity of work she did ; she wove
two yards and a half a day of fustian. She was about ten years
of age. That was not a proper quantity of work for her age,
even if she was well and hearty. She was unfit for work of any
kind. 1 told him so. He said he had put her to bobbin wind-
ing and nursing of the child, but she was too weak for the child,
being a lusty child, and she preferred weaving. I asked her to
weave, and she did, with the greatest exertion, but with the
greatest difficulty. I took her up in my arms, and thought she
was not 201 b. weight.
By Mr. WIT. L lAMS.—I don't know weaving. There were
three other girls in the cellar. It is the custom to weave in cel-
lars. Two of the girls looked middling, another poorly. The
prisoner has a wife and a child.
John Cay, overseer.—She appeared in a very emaciated state,
unfit for labour of any kind. Wolfenden said she looked badly
when he took her an apprentice, but he had been told by the
overseers of Leeds that she had been short of meat, and if he
would take her she would come round. I went again to see
her on the Bth of July. She was at a winding engine, quite
in a worn out state. Nirolfenden seemed very willing that the
indenture should be cancelled, and to give money to the town-
ship for the purpose. On the 10th she was taken to Rochdale.
The Magistrates ordered me to take care of her, and that Wol-
fenden should pay the expences. She had done more work
than a child of her age, in health, ought to do. I weave, but
have no apprentices.
By Mr. Wimams.—Wolfenden had had the girl since
Christmas, and wished to send her back in April. On the 10th
of July he offered 4/. to me to take her from him, and paid
1/. 10s. in part of that sum. He mentioned that her being
poorly was the reason why he had wished to send her back.
Margaret Mellor.—The girl, after she was removed, was sent
to live with me. She looked almost done. She lived ten days.
By Mr. WlLLtams.—She was consumptive.
Mr. W. Taylor considered her to be in the last stage of a
pulmonary consumption. She died nine days after. Extra-
ordinary labour would contribute to bring on the consumption.
Cross-examined.—lt might have arisen from natural dispo-
sition.

Mr. COLT MAN —That is the case for the prosecution.
Mr. Baron WOOD.—I don't consider this a case of murder
or of manslaughter. It is very proper that parish officers should
look after these poor apprentices, but there appears to have
been no culpable negligence, much less any design to destroy
the hie of the deceased on the part of the prisoner.—Not
Guilty.
Mr. WILLIAms.—I ought to state for this poor fellow that
we are prepared to prove that a medical man was called so early
as February, and kept in attendance upon the girl for a consi-
derable time.

Mr. COLT3IAN applied for the expences, and stated that
they were bound over to prosecute by the Coroner (Mr. J.
Milne).

Mr. Baron Wool) granted the expences, and said it was
very proper that those cases should be inquired into.

ASSAULT ON A GIRL UNDER TEN YEARS OF AGE.

John Hull, aged 36, was indicted for a most atrocious assault
upon Eleanor Mercer, at Ilindley. The indictment was only
for the misdemeanour, the Grand Jury having thrown out the
bill for the capital offence.
Mr. RAINCOCK stated the case.

Eleanor Mercer,' a very interesting little girl, stated what
happened to her with great clearness. The prisoner met her
on the road near Hindley, on the 26th of March, and after in.
.quiring the way to !ie next public house, he pulled her into a
shippon (a shed for cattle), and there accomplished his brutal
purpose ; she screamed, and he stopped her mouth with hay :
on coming out she met Betty Oakes, to whom she told what
had happened to her, and the prisoner was taken into custody.
Mr. ASHWORTH cross-examined the witness, but she did
not vary in the slightest degree in her evidence.
Betty Oakes and Allice Mercer, the child's mother, proved
the complaints made by the child, and the situation in which
she had been found.

Mr. Howarden, a surgeon, deposed to the state in which the
child was found, after the abominable usage which she receiv-
ed from the prisoner.
Mr. ASHWORTH defended the prisoner at considerable length,
and argued with much ingenuity on the improbability of the
crime having been committed under such circumstances.

Mr. Baron WOOD was about to sum up the case, but the Jury
declared themselves satisfied, and instantly found the prisoner
Guilty.
Mr. Baron WOOD—A very proper verdict, Gentlemen.
FORGERY.

Thomas Pendlebury, aged 36, and Wm. Crossland, aged 38,
were charged with having forged a bill of exchange for 191. 15s.
6i1., with intent to defraud Messrs. Davies, of Liverpool.
Mr. CLARKE stated the case.
James Dutton, an accomplice, carried on the trade of tallow-
chandler at Manchester; knew Pendlebury ; left Manchester
with him and Crossland, on the 2d of April ; met a man named
White on the road. White said he had been trying to do
business at Warrington, but could not. We all four got
on the coach when it overtook us. We got to Liverpool ;
and went first to a public house kept by Hurst, and then
to another kept by Minshull. Pendlebury asked me for a sheet
of paper, which was brought with pen and ink. A man of
the name of Byrne was there. We went all up stairs. Pen-
dlebury pulled about 30 stamps out of his hat. He looked
them over, and at last gave Byrne one. After the bill was
drawn, Crossland came up to the table. Byrne wrote upon the
stamp, and Pendlebury asked Crossland to begin it. Crossland
said, " What, must I sign it ?" and Pendlebury said, " My
friend Mr. Phillips,'to be sure." Crossland then said, " What,
must I endorse it ?" and Pendlebury said, " You know as well
as I do; write Peter Leigh." Byrne drew the bill, but I did
not see it endorsed.' Pendlebury said, " It is a nice bill ; I
never saw a nicer in my life ;" and Byrne said, " I don't think
you ever did." It was drawn for 19/. 15s. 6d. Crossland gave
it to me by order of Pendlebury, and I went to a Mr. Leather-
barrow in Dale-street, to buy pipes. I tendered the bill, but it
was not received. I went to Messrs. Davies, rosin dealers in
Liverpool, and bought 2t)barrels of rosin at 7s. 6d. per barrel.
They took the bill in payment, and gave me the balance in cash.
Cross-examined by Pendlebury.—l am admitted evidence
against you. Mr. Miller, the police-officer, said, that if I
would tell the truth about the bills, he would admit me as evi-
dence. I have not told more than the truth. I was in part-
nership with a man named Edmund Taylor. The goods I
bought at Liverpool were for my partner and myself. I don't
know whether I was told to take care of what I said about
Pendlebury, as they wanted to get hold of him. I did not say
that I had filled four sheets of paper with my evidence about
Pendlebury and the concern, and that I feared I should not be
able to recollect it all during the Assizes.
By Crossland.—l never knew that you had, or were to have
had, any profit out of the bills.
John Hayes, a blacksmith, was at Mrs. Minshull's on the
3d of April. He confirmed Dutton's testimony. Dutton said
to Pendlebury, " I wish you would go with us and pay this
bill; it will look more respectable." Pendlebury said, " No,
I'll have nothing to. do with the bill ; I am a better judge
than that."

The cross-examination of this witness by Pendlebury was
long but not important.—You did express a determination to
go before the magistrates when you heard the officers were after

you, but it being Good Friday, there was no court at the Rolla
Exchange.
James Hogarth, foreman to Mr. Leatherbarrow, Pr°°l4'
refusing the bill.
A clerk to 111 essrs. Davies proved receiving the bill from put-
ton. It was never paid.
Thomas Roe apprehended the prisoners. Pendlebury *l5
concealed in a coal-hole.
Mr. Neil, clerk to Messrs. Fenton and Co. said there was no
John Phillips known to their bank.
Mr. Wood, clerk to the other bank at Rochdale, said the/
knew no Peter Leigh and John Phillips.
Both the prisoners denied the charge.
Crossland called witnesses. -

John Phillips.—l have accommodated yOu several times, but
it tis long since. I saw you in September last, and we &ID/
together. You repeatedly asked for the use of my name ;.
said—" Well." You pressed me, and I put you off v,b.
saying--" Well." I did not positively give you leave to LW
my name. _ _

Crossland.—Come, come, John, recollect yourself, inio•
Come, behave like a man ; behave decently.
Mr. Baron WOOD.—Do behave yourself decently.
Peter Leigh.—l don't think the bill is right. I never author"
rized you to use my name.
0 Lord Almighty ! I never heard such a tale in my life''
How came you to write to me here ?—I never wrote to you "e"-
But you desired others to write ?—No, I never did.
John \Vatson.—l was with you when you bought the blankets
in September. I don't remember that John Phillips was theLe•
The Jury retired for half an hour, and found both Fisorlefr
Guilty.
Joseph White (the same whose name appears in the prat
ing trial) was charged with uttering a forged Bill of 291.15 x• 6d"
and forging the endorsement " Peter Leigh."
Dutton repeated evidence nearly the same as in the last Crase
but there was no evidence to prove the forgery.
• •
The Jury, under his Lordship's direction, found a verdict'f
Not Guilty.
There were other indictments against 'White for oil. ilar
crimes, but no evidence was offered, and he was acquitted.

NISI PRIIIS.—HOGGITT V. lIIGGINSON. tOs
This was an action to recover penalties under the game Ta
A.,
for the sale of game. The plaintiff is a gamekeeper ; we:-0-
fendant an innkeeper in Manchester. Much evidence was/P:rd,.
on both sides, and a great part of it contradictory. His
of
ship left it entirely to the Jury to decide upon the cfedibilitl,
the witnesses, and to say whether any penalties were tVihe
There could not be more than three brace of grouse, so"
penalty was 5/. each bird.
Verdict for the defendant.
STEPHENSON V. MOORHOUSE AND OTHERS.
Mr. WILLIAMS opened this as a case of great oPPr'e.
The plaintiff was a weaver at Paddyham, and had lived In
house in which his father had lived before him for 60 17,i'
and which he was entitled to occupy. This house was fora/
entered, and the plaintiff's furniture and goods thrown riite
the public road, and the house itself was pulled down. ,a
defence, he understood, was, that the plaintiff's father
been a pauper.
Jenny Dean was summoned as a witness to the satisfy
and amusement of the Court. lam threescore but three' to
knew Paddyham since I was a child. I heard orders givenass
pull them out with speed. °
By Mr. SCARLETT.—I heard it said that old Stephet_ s
was buried at the parish expence. I never knew him to 'l'
pauper.
John Whitham.—Old Stephenson died 21st of April 1'
His son James lived in it after.
ve4
Helen Patrick, daughter of the plaintiff, and aged 25, pr?tsto
that the house was entered by the defendants, the for°
thrown out, and the roof and windows pulled down. fea
Cross-examined.—Never heard that my grandfather reel
parish relief. . the
John Wilson knew plaintiff's father to have lived 1...n°
house for upwards of 30 years; never knew of any sc"."-,ther
ledgment to the township for the house, or of plaintiff's 'l'
receiving parish relief. 014
Margaret Wilkinson.—ls 70 for aught she knows, lola
Stephenson occupied the house for 57, 8; 9, or 60 years- won
Mr. SCARLETT said,
.this was the most impudent jim—cat
ever brought into a Court of Justice, Mr. Stephenson hauttrtter
perseverance. It was a pity he was not engaged in a u Lot
cause, for he had so much constancy and fervour about rio
that he must have made a splendid figure. The old mstLf„o tbe
be proved to have been a pauper, and to have been put tul,fied
house by the parish. The house was, he admitted, F'""
down, and a new house built.
Isabella Stephenson, 75 years old, knew nothing root—
the cause. aka
William Waddington was paid by the overseers for r° bop
the old man's coffin. Old Stephenson acknowledged °
that the house was the town's.
Betty daughterhi s
death, of ol S
saidt e pt
hh
ee fis
houseon sift
st et
hd
e tthatoo
by
..tya Dfewendbai
Verdict for the defendants. s
gyhs9b efor e
Mr. WILLIAMS obtained a rule to show cause elan
fateert
trial should not be granted upon certain points of obJe
taken to the proof for the defendants.

file
In the Archduchy of Hessen, e 0
essen, an order ''e
Government was some days since made Pub;.iii
obliging every land holder to deliver Six °To
twenty field-mice to officers appointed to re"'
is
them.—The ravages of these destructive anindiso
had arrived at such a pitch that the people hello,
to in great alarm for their vines ; but we, the
happy to learn that since the promulgation oicej
above ordinance, their numbers have exPerlen
a great diminution.

bri%
ST. JOHN'S, NEWFOUNDLAND, JULY T fro 4,
Spence, of Sunderland, 505 tons, Michael Wilson, 131,,,,01i5t1y
Richebucto, bound to Liverpool, with lumber, was w"-",, ;$Ol
near St. Shot's on the 16th inst., at 4 in the evening; er_L" coot
and arrived here on Thursday last. Scylla and GhlaYuran irw„
not have been more terrifying to the mariners of old, wo;.
the name of St. Shot's shortly be to our modern ruivifet
_dtli°
is certain that on the small extent of coast which diviuesingt OP*"
bays of St. Mary's and Trepassey, more vessels are 'l bsfej,
on all North America beside ; yet no steps apPestrZ
been taken by Government, or any institution conlie''.„ OW'
our extensive shipping interest, to ascertain the cause or to
ot
iffsr
against it in future. The cost of any one of the Ineno
which have been wrecked there within a few years, w°iriog f°s-
maintained a small military post, for the purpose of fib.robr''
guns, or a bell might be so constructed as to toll at ita of Aq
No notice is taken in any of the charts hitherto publisurat. let 3
extraordinary indraft or current on that part of the C_P:;coe!eti
is very evident it must be the case: it is a subject of sero,.:t.
quence, and we hope will call the attention of Governolt Ivue
due respect to his Excellency the Goverror of this 17 oot
think one of the men of war under his command C get
better employed than in ascertaining the strength 'rawer soe
the current at spring and neap tides, from ;slitsw,„,
Cape Race ; it might be the means of saving marl et of
lives and a considerable amount of property. The eo 00?
people who live in the neighbourhood, in plunderitliteo;:,
and even the baggage of the crews, also requires& strtof deter
gation, and some example to be made, for the purPes"
ring them in future.

BIRTHS.

fete4

On the 27th inst., at Carshalton, the lady of Wl2. 31' of
Esa., of a son. grail'
CAI°
On the 26th inst., at Hampstead, rs. John C.
a daughter.

MARRIED.
Yesterday, at St. George the Martyr, Queen4clegenuare;stleeitrt
Henry Saltwell, Esq. of Carlton Chambers, Ock
to Franny Bree, eldest daughter of John Wm. tj "7
Queen-square. - ard Prrik
0
On Tuesday last, at Halifax, Yorkshire, Ei daughtc'
Esq., of Primrose-hill, near Coventry, to Sarah/ 1
Luke Stavelev, Esq., Springfield, near Halifax' eery
On the 26thinstant, at Wisbeach, the Rev., "at &get'
A.M., Vicar of Hitchin, Herts, to Sarah, dues
Mr. Thomas Grounds, of the former place.

....-------
George.
DIE
On the 28th inst., in the 65th yD. or, ,ear of his age, ...t-
&
Silk, of Northampton-place, Cltrkenwell. A and 80
On the 28th inst. at West Cowes, aged 81, Bum eel
Esq. late of Ottershaw-park and St. Jarnes's-s9l!arloosabe
On the 25th of August, at Ewell, Surrey? WM' '
• TogS'
Esq. aribaP , Kir
On the 9th of May, at Barville Park, near u i •
tel
Algoa Bay; Major-General Charles Campbell, ,
.L.aert
manding his Majesty's Forces at Newfoundlan„:Aeo:6,l7,llo
On the 20th instant, at Southend, Mr. tior„woesor'
aged 28, deeply lamented by his relations, and stf'
quaintance.
On Tuesday last, after a short illness, at .u..--*"-I}2.lllria mb' Ille..o4l4ltr-
market, John Murray, Esq. formerly CePtain .'"tain areite
the Cambridge Volunteers, and afterwards Car,mbri , .
jutant in the Newmarket Division of the Ist u i
L -it Ole ocal Militia. tyr.yr.

_ _ _
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te•
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