The Sun.
London, England, 1825-07-15 00:00:00

IDAY EVENING, JULY 15, 1825

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AiSIZE INTELLIGENCE,

NORTHAMPTON, Arty 13.
Wm. Dmgslozo and Thomas Longstom, brothers, were ca-
pitally indicted for stealing forty sheep, at Clipston, id the
county of Northampton. 'The only features of interest in the
case were, the magnitude -of the robbery, and the point raised
by the Counsel for the prisoners, that the animals were only
one year and two months old, and were not, in the technical
language of farming, called sheep, but only lamb-hogs, the
term sheep be applied only to such animals af:er the age of
being shorn. This last point was afterwards waved, upon the
Learned Judge declaring that if it proved valid, the prisoners
shoeld be re-indicted. The Jury found W. Longslow Guilty,
and #quitted the other prisoner. Mr. Justice PArtic imme-
diately passed sentence of death upon the culprit, declaring that
the magnitude of the robbery would prevent the mercy of the
Crown be extended to the case. The prisoner was about thirty
[ years of age, a robust countryman, with regular features, and
altogether a good countenance. He appeared deeply impressed
with sorrow, when the sentence of the law warerassed upon
him, but made no observation whatever upon his can.
Joseph Tebbut, aged 34, was indicted for: the murder of
Joseph Sterrnan; of Earl's Barton, in the County of Northamp-
ton. It appeared that the prisoner had been with the deceased
and others, merry making, and that he had played the joke
upon the deceased of pouring water down his pocket. This
the deceased took in a serious light, and immediately became
the aggressor. In a scuffle that ensued, the prisoner had kicked
the leg of his opponent, and the bruise soon after mortified,
and occasioned death., Under these circumstances, and the pri-
soner having been in confinement for two months, the Learned
Judge sentenced him, to pay a fine of one shilling, and he was
discharged.
Samuel Hillier, aged 30, was capitally indicted under Lord
Ellentiorough's Act, for hailing wilfully and maliciously cut
and wounded one Susannah Curman, a child of about 5 years
of age. The prisoner was a wretched looking man, of a middle.
size, with an open mouth and large protruding eyes, the ex-
pression of his countenance being remarkably repulsive.—
During the trial the lower part of his face was frequently cons
vulsed, and he appeared almost overcome with horror at the
fate which he thought awaited him. The indictment charged
him with committing the offence—first, with an attempt to
murder; secondly, to disable; and, lastly, to do some bodily
harm.
The Counsel made no address to the Jury, but called the
following, witnesses :
Susannah Sullivan.: I remember, the prisoner coming to my
father's house on the 2d June, between three and four o'clock
in the afternoon ; he knocked at the door, I went to open it ;
he never spoke, but put his fingers to his mouth and ear; I
thought it meant that he was deaf and dumb; I shook my
head and went in and shut the door; he pushed the door open,
and caine in ; I gave him a penny to get rid of him, and he
went away—he was a pedlar.
Thomas Sullivan: I live at Laxton; my house is in Mr.
Evans's park; I am his servant; my house is close to the
road; on June 2, I saw the prisoner under a chesnut tree by
the road side ; I had been as near as three yards to him ; he
had passed me at that distance ; I saw three children go to-
wards him ; they afterwards ran away, and I saw the prisoner
follow them ; he stooped down, and put his hand in his
breeches pocket, and immediately I heard a child scream- out;
before this I had heard a noise intthe village; I tan to the
children on the spot.where he had stopped ; I saw a great deal
of blood, and the child was bleeding very much ; the prisoner,
and nobody else was nearithe child ; the child veal carried into
a cottage, badly wounded.
Charlotte Oreen-e.l. remember the prisoner at the bar corning
on the 2d of[June lastato my, father's house to sell needles and
buttons, and 'similar articles ; my father's house is not near
Sullivan's, but it is near/Air. Ey:Mies-Park ; I.saw the prisoner
Immediately after the accident; the children were in the utmost
terror; I heard-the child scteatn, and I ran out immediately to
her assistance; I found Susan Curman all over blood, and with
a large gash in.her throat; she was bleeding profusely, and at
last she staggered and fell down ; I immediately ran 'to her
assistance; when I first saw the child, the prisoner was about
four or five yards item her; he was, not further off; I am quite
sure that the prisoner is the man ; I have not the smallest doubt
as to his identity.
Elizabeth Wooten, an old woman, deposed—l am wife of a
labourer of Laxton. On 2d June ~I recollect Charlotte Green
'calling on me, and saying that a child had been cut in the throat
—I ran out, and found the child cut and screaming; I found a
wound in the neck;; I applied cold water and rum to the
wound ; the child fainted, and a surgeon was sent for; when I
first saw the child, the prisoner was four or five yards from the
spot ; nobody else was near. -
Thomas Price, surgeon, near Laxton, proved the wound
upon the child; if a surgeon had, not been called in, the child
would not have bled to death, but the wound might have occa-
sioned death. I saw the knife with which the wound was in.
fiicted ; the wound corresponed with the shape'si the knife.—
[The knife was now produced; it was a common clasp knife,
with a blade of about four inches long, with a lancet point • it
was covered with rust. Another knife, with a broad rectangular
point, was also found in the prisoner's wallet.l
Timothy Wood—l am the constable who looked out for a
person who had been guilty of this outrage. I had information
so to do. I therefore pursued him, and at last traced him into
Staffordshire, and took him at a distance of 125 miles from the
scene of the offence. I took him in the court-yard of the Mar-
quis of Stafford's seat, Trentham. He had a pedlar's box
hanging to his neck. I tapped him on the shoulder, because
he had acted as a deaf and dumb man. • I put handcuffs upon
him. He immediately spoke as I did this; He addressed him-
self to the Marquis of Stafford's agent, Mr. Lewis, and said;
"I am the man the constables are in search of." lily son was
with me. He then said, " I saw the child bleeding; but I
never touched the child, so help me God. The. blood spouted
out of the child's neck like water out of a. jug." Mr. Lewis
said to him, why did you not assist the child ? He said, " I
looked at it three or four moments, and ,rnade my escape to
King's Cliff for fear I should be apprehended, and sent to jail,
and my box taken froth me, which would haVe ruined me,
but I never touched the child, so help me God."':l searched
the prisoner and his box, and in his box were two knives; a
pair of scissars, and two razors. I took •him to LaXtcire; he
there cried out, " Oh, I have been guilty of every ciimn• but
this ; I have not committed murder., '

The knives were again produced, and. handed to the Court
and Jury to examine.
Witness continued—l delivered the knives to O'Brien, a
Magistrate, in the presence of a constable of Laxton. The
knife which I seized was .rusty, but I could not tee if it was
the rust of blood.

J. Melley-4 am the constable of Laxton ; I saw the box
delivered by last witness to the Magistrate; it was given to me
sealed up; -it is the same now.produced in Court.
Thomas Price, surgeon, again called : The knife now pro.
duced would not make a wound similar to that upon the, child,
.but this one would.—[ The two knives were successively shewn
to the witness, who identified that with the lancet point.]—in
all probability„ the knife would,have exhibited marks of blood
if it had not been cleaned ; the wound was more of a thrust than
a cut.

•
Henry Rustly, turnkey of Northampton Gaol, produced the
small-clothes which the prisoner had on when he was brought
to the jail. They were marked all over with blood. •
A pair of trowsers were .now produced. They were of what
is called coloured or English nankeen, and were soiled from the
waist-band to the knees with blood. The blood of the child is
supposed to have spouted over the prisoner.
Charlotte Green again called : These trowers appear to me
the same the prisoner had on the day of the assault upon the

—./.7lmcithy Woods again called and examined by the COURT :
IT
ahpc spereti,r,ceAn't.si
eerds ;11.1rineltha
,srarmeneawlahrni-lpi the
hl liF prisoner a( on the day
observeci the blood
' upon them when I seized him.
This closedhte
prt
case f(c.‘rAthexp) trocl c
prosecution.
The Learned Judge
upon
the prisoner
for his defence. The prisoner looked at the knives and bloody
trowscrs, and seemed petrified with horror. His lips were
strongly cenvulsed,..at length he erica out, in a voice almost
inarticulate, " My Lord, my Lord, I am as innocent as a babe
unborn of murder."
By the COURT Have you any witnesses to call ?—prisone-r:
I have no witnesses to call. • .
The Learned Judge now addressed .the Jury at considerable
length. He complained that the case, as •E hisitcd in kloart, was
as different from the case submitted to him on the depositions,
as a Case of forgery was from one of sheep-stealing, In the de.:
positions submittett to him, the evidence of Ah.e constables had.
been totally omitted, and there was not a colour of pretence for •
the case going to % Jttry upon its present circumstances. The
evidence of the constables, however, was material in fixing the

deec.. the przsoncr.. It Nur-
prize to the Jury, that none of the children had been called in
evidencc, but it .tvas himself .who had
.prevented their appear..
ance. He had privately ex mined. them before ,corning into
Court. The unfortunate child who' had 'been SO ertielly-used,
was too young.to give ary evidence in a Coort. of Justice. As
to the other child that might have been produced, he was sorry
to say, that upon his munitung. !ter, he had found her in a
state cf incredible. ignorance--she had' never received the
slightest particle of moral, religious, .R.r 'intellectual instructi!nt
—she had neverbeen.within any church, and was ignorant of
prayers, and oevery thing which could give any validity to hn
oath. He had, 'therefore; prevented her appearante beibre
Grand Jury, and had forbidden her evilenCe being taken: heforf3
the Petit Jury, but the evidence of. the two cottstables sup,
plied any deficiency arisim from the absence of the child.
The Learned Judge flier/ ,:jt:;lained. to the Jury the man.
ner in which the motive of the prisoner would influence their
verdict.

The' ury, after A short consultation, 're:tined a verdict of
Guilty.
By the COURT c." Guilty of what ?" • •
rorethan: " Guilty of stabbing the-child." •
The COURT : “.But you must .find the intent; you.rnust
Say- guilty of stabbing with ati intent either to murder, to' dii.
able, or to do some bodily harm."
The Jury consulted for about five minutes, when the Fore-
man pronounced the verdict—" Guilty, but not with an intent
to murder." - • -

The JuDGE: " But with what intent ?—however, this
verdict is in fact an acquittal."—The prisoner was accordingly
acquitted: _ .

This result seemed to produce the 'greatest surprise both
upon the prisoner, the audience, and upon ,the Jury. The,
Court was crowded to excess. The child appeared in a side
box of the Court; she was a. diminutive child, apparently of
about for years old, and .the contrast between her sender age,
and the ruffianly blow inflicted upon her, gave her appearance
extraordinary degree of interest.

- CIVIL SIDE.
(Before Sir G. frotROYD and 'a Special Jury.)
THE BOROUGH Or DAVENTRY V. DICKENS.--This was
an action brought by the Corporation of Daventry against the
defendant for carrying on a trade within the said borough, with-
out having taken out his freedom, whereby the Corporation al-
ledged that their privileges had been violated,, and damages
had been sustained. The case; which excited considerable in.
terest in the county, had been tried at the last Spring Assizes,
but a rule for a new trial had been granted in consequence of a
misdirection of the Learned Judge (Bullock) to the Jury, by
which the Corporation had obtained a verdict. -By immemorial
usage the borough enjoyed the privilege of prohibiting any
other person than a freeman from exercising any trade within
its precincts, and it was thecuStorn to compel• all persons setting
up any trade to pay their fines and take out their freedom. The
defendant had carried on a trade within the borough, refusing.
tOnay any fine, and asserting that his having been a soldier
conferred upon him the privilege of trading. in any town corpo-
rate or otherwise. The defendant's Counsel further'contended,
that, by the common law, a freedom of carrying on trade was
common to all the people, and that nothing but an Act of the
Legislature could' deprive any person of such eprivilesre, or in
any way impose a restriction upon the internal trade .of the
country. The rights claimed by the borough were founded
only upon a Charter, and in no prior instance of resistance bad
the borough enforced the demand by any process at law.
The Jury, after a long consultation, and at a very- late.hour,
returned a verdict for the plaintifill.
Mr. Justice Palm passed the sentence of death upon J.
Dixon, convicted of forging to the amount of 4981. ; and Wm.
Longakw, convicted.of stealing forty. -sheep. - They-were both
left for execution.

WINCHESTER, JULY 13.'
CIVIL SIDE: ••••

(Before Mr. JusticeLIT,TLEDALE and a Common Jury.)
\VIIITCIItR v. JAMES HALL.—This was an action brought
upon an agreement, by which 'the defendant had become surety
for his uncle, Joseph Hall, for the due payment of a certain
rent in respect of the tise of a, dairy of 30 cows, which the
plaintiff hired out to Joseph Hall at the sum of 711 les per an-
num for each cow. The action was to recover the full amount
of the last quarter's rent. It appeared that the agreement was
not exactly complied with, the plaintiff at first having furnished
a less number of cows than 30, and then having exceeded that
number in order to make up for the former deficiency. On
this it was.objected for the defendant, that as surety he had a
right to expect a literal performance 9f the agreement. The.
Learned Judge, however, having been informed by the defend-
ant's witnesses that the alteration made no material difference in
the grosa profits of the year, declared*his opinion that the surety,
was not to expect a literal performanCe of the agreement as to
the time of deliyering the cows `if the person for whom he be-
came bound, received the benefit which it had been intended to
secure to him, that was sufficient for the purposes of this action.
It subsequently appeared, that after the agreement in question,
the plaintiff and Joseph Hall had entered into a fresh agree-
ment by parole, ,which did affect some, though a. slight change
in the benefit to be produced to Joseph,Hall. The defendant's.
Counsel then contended, that if a variance in the performance
was not suf.leient to release the defendant from his liability, a
change in the very terms and nature of the agreement -itself
would do so, as the whole consideration on which the defend-
ants had become bound was altered.—The Learned Judge,
however, was of a different opinion, but said he would give the
defendant leave to move to enter a nonsuit on this point.
Evidence having been given to shew that,the rent had been
regularly paid by Joseph Hall, up to the third quarter, and
that he had then, in consequence of directions from the de-
fendant, who was at that time first informed of the parole
agreement, thrown 'up his possession of the cows into the
hands of the plaintiff; a reduction of .one third in the demand
of the last quarter was agreed to be nude. The amount to be
taken being thus settled at 401., the defendant submitted to a
verdict for that sum, subject to the opinion of the Court, on the
objection reserved by the Judge.
No other case of interest occurred in the Civil Court.

• GROWN SIDE. , • ••
‘Before Mr. Justice GA,ZELEE.).
John Dickenson was indicted for having burglariously en..
tered the dwelling house of MT. Edniund Rust, in the parish
of Alverstoke, in this county, and stolen therefrom several
articles of wearing apparel. The prisoner, though repeatedly
warned against such a course by the Learned Judge, persisted
in pleading guilty. He declared, thowever, with tears in his
eyes, that he had served his country for seven years in the
90th regiment, which was not now in the country. He had
a certificate of good conduct from his Colonel, and he most
solemnly. protested he had been driven by hard necessity to'
commit this act.

Mr. Justice GAztLEE having desired this certificate to be
handed up to him, and having examined it, he looked into the
indictment, after which, he told the prisoner, that though he
was obliged to record sentence of death against Idm, still it
was happy for the prisoner, that the crime of which he had con.
feesed himself guilty, was net of such a nature as to preclude
the hope of his receiving the Royal mercy. The proceedings of
• this day would be notified to the proper quarter, where his tes-
timonial of character should also be sent, and it would then be
for the'Crown to consider whether mercy should be extended
to the prisoner. The Learned Judge then proceeded to pass
sentence On the prisoner.
Thomas Rogers•was indicted for stealing two cheeses in a
basket, from John Pooting, on the Pill of May last, in the
parish of Andover. The prosecutor proved that he and the
prisoner were drinking beer together in a public-house, when
the latter slipt away, and took the cheeses with him. He was
found with them afterwards at the corner of the heure. In this
account the prosecutor was confirmed by another witness. •
The prisoner in his defence 'stated, that he and the prosecutor
and the other .witness were all drinking and laughing together,
and while they were all enjoying their ;.ekes, he saw the cheeses
lying behind him, and it occurred to him at the moment that
it would be a good joke to frighten the prosecutor by carrying
off the cheeses; accordingly the prisoner slipped away 'with
his laugh, against the prosecutor,
.when he was seized.
them, and then stood at the corner or the house, where he was
:nrillie-Ycihr-agrged with the felony. He called on the Jury to say.
Whether a man who really wished •to hays stolen the cheeses
would have waited at the corner of the house; laughing, when
he might have got off safely with .them if he had made the rndst,
of his time ?
It rts intimated. that.a certificate was•to shave 126e4 prbducerlE
from a surgeon;. in order to show that the prisoner ail .
occa-
sionally subject to. Slight -atierrhtten3 , intelleet. The Ceriifi
cate, however, was not produced.
The Learned JUDGE, in leaving the ease to the Jury, ob-
served, that though the
prisoner might sometimes be subject to