The Sun.
London, England, 1822-08-31 00:00:00

ASSIZE INTELLIGENCE.

LANCASTER, AUG. 28.
CURIOUS CASE.—BURGLARY.
Richard Heys, aged 45, was indicted for having broken
and entered the dwelling-house of Thomas Fishwick, at Heapy,
and stolen therefronr three gowns, a pelisse, a cloak, and other
articles, his property. Mr. ADDISON stated the case.
Thomas Fishwick recollected going to bed on the night of
the 13th May. After he was in bed for some time he was
awoke by the crying of one of his children ; he got up and
found the door and window open. On searching he found the
clothes-press open, and he missed three gowns, a pelisse and
a cloak ;he alarmed-the neighbourhood ;he went to prisoner's
house, but did not find him at home ; this was about two
o'clock in the Morning.
Jane Fishwick, the wife of last witness, deposed to the same
facts.
Lettice Smith (an accomplice, who gave her evidence from the
Dock)—l met prisoner on Blackburn-fair day ;he told me he
had a job for me, and we went to Thomas Fishwick's about
eleven o'clock at night ; we hid in the garden until the people
were in bed ; he then tore off the mortar and broke the window,
and helped me through ; he then told me to open the door to him,
and I did • he took a floor cake off the shelf and ate it ; I sat by
the fire and fell asleep ; he got some matches and lighted a can-
dle; he called me, and asked where the money was, and I said 1
believed in the drawer ; when he awoke me he said, " Lettice,
thou must be off as hard as thou can'st, they're coming ; the
child is crying." He took three gowns, a cloak, and a pelisse ; we
took the things to a pawnbroker's; he told me to pawn them;
I asked in whose name, and he said not in my own name, nor
in his, or else we should be found out ; I pawned them in an-
other name, and gave him the money and the pawn tickets ; he
cut his hand in breaking the casement ; I saw it bleed.
Cross-examined by Mr. COLT 3I.UNT.—I was not taken up
until I told of myself ; I was so uneasy I could not conceal it ;
I told Thos. Fishwick what I had done • I had lived a servant
with him ; we were brought up together ; I was never con-
cerned in such a job before; the prisoner wished me to do so
several times before, but I always refused. I lived with, and
was supported by, prisoner since I left Fishwick's; prisoner is
a married man ; he kept me in a desart ; he kept me in a wood
tied to a tree for near a month, because I said I would threep
(tell what passed) ; I had been entangled with the prisoner
ever since I was a child.
Mr.. Baron Wo on—Tied to a tree for a month ! Some one
must' explain this; I don't understand it.
Mr. ADDISON—There is some truth in it, my Lord; as you
will see in a short time.
Mr. Baron Woon—Howold is the witness ?

Witness-1 am 18 years old.
Re-examined—The Wood is near Chorley. There is a cave
there ; prisoner made it himself ; I could sit and lie in it, but
could not stand up. I was there a month, at least.
Mr. Baron WOOD—What night and day ! Had she no-
thing to eat or drink ?
Witness—l had nothing but what he wished to fetch me, and
I was nearly clemmed (starved) to death. He sometimes
brought me hard cake, and sometimes a bit of cold meat with
it. It was covered with clods, but I never saw the outside of
it, for when I got out I Was in such a big hurry that I ran away
as fast as I could. The cave was built round a tree ; I had a
rope round my middle, and it was fastened round the tree. I
got away one night when he was with me ; he was asleep.—
When tie was with me I was not tied. He said he kept me
there for fear I should tell'; he threatened to kill' me. lie took
me there by force. He 'ticed (enticed) me away, and took hold
of me ; h mean, he kept telling me fine stories ; he pretended
we were going to some other place. When I got away I went
to'My Mother's'.
Thomas Fishwick reealled—l went to the wood, the cave was
nearly demolished, but I saw some straw • the place was fear-
fully paddled about; there were places where there seemingly
had been posts put down. I went to the wood in consequence
of what Lettice Smith told me. Prisoner's house is next to
the wood, about 2410 yards off. Prisoner has a wife and four
children ; his house joins up to another, ; the other houses are
a quarter of a mile off; the house next'tci 'priSoner's is occupied
by a man named Marsden, a small farmer.
Robert Arkwright, an assistant to John Fisher, a pawn-
broker, at Blackburn, proved the pawning of the gowns, cgcc.
Lcttice Smith said, the last Witness was the person to whom
she pawned the clothes.
Examined by Mr. COLT 3fAX.—I did not cry out when in the
wood, because na one could hear me. Marsden, has a wife and
two children. The place where I was, was closed up so that they
could not hear me, however big a noise I made. When pri-
soner went away, he put an• old door' to the cave and fastened
it up with sods' and stones, and I was tied and could not get to
it. It was a thick wood with all sorts of small wood. There
Ivere trees between the cave and prisoner's house. There is a
road within a field's breadth of me, but there were trees and
brushwood between me and it, so that if 1 shouted ever so, 1
could not be heard. The cave was in a bottom or hollow,
and had trees and underwood all round it.
Mrs. Fishwick proved, that the property produced by the
pawnbroker belonged to her.
Betty Barker (the mother of Lettice Smith) stated that pri-
soner called on Lettice on' Blackburn fair day. They went
away, and she did not see her daughter for more than a month.
When she came home she was in a weary way, her clothes
were torn, and she was drowsy and sleepy, and very nasty ;
she was full of sores. I fettled (settled) up her clothes many
a time for her. Any one who saw her would have pitied her ;
I cried many a time over her ; she appeared almost starved.
Cross-examined—She was in the habit of going away and
stopping for a week or so, and when she came back I used to
fettle up her clothes, and then she would take off again.
Re-examined—She has been a month away at times, and she
has been less. Before she was taken up she was seven weeks
away.
By the Court—l could never tell where she went to ; she was
brought up at Fishwick's; she lived there some time ; she is in
her right mind.
'1 he case for the prosecution being closed,
The prisoner denied having any thing to do with the robbery.
Mr. Baron Woon summed up the case, and the Jury return-
ed a verdict—Guilty.