The Sun.
London, England, 1823-08-01 00:00:00

ASSIZE INTELLIGENCE.

LEWES, JULY 30.
Sarah Dation was charged with the wilful murder of a new..
born male bastard child, at the parish of Subdeanery of Chi-
chester.
The prisoner, who appeared to, be about thirty years of age;
seemed to be labouring under extrer:le anguish. She was
dressed in black, and the Learned Jud:..;e ',matted her to have
cliWtitirthr the triverafgation bf i:t,
The details of the cssc would be merely disagreeable with-
out presetting Any peculiarity, of eirvanistances. It was sop.
posed, from the appearances in the body of the child, that it
was strangled, but the surgeon was of opinion that this might
possibly have happened by% accident.
The prisoner, when culled on for her defence, only said, the
child was not born alive.
The Learned Wilcox informed the Jury, that by a late
Statnte, it was provided, that if the Jury were of opinion the
prisoner was innocent of the crime of murder, they were to say
if she was guilty of concealing the birth.
The Jury consulted for abut a quarter of an hour, when
they found the prisoner Not Guilty of Murder, but Guilty of '
concealing the birth,
Mr. Baron GRAHAM then addressed the prisoner a follows :--
" Sarah Bacon, you stand convicted by a verdict pronounced
by a Jury of your country, not indeed of the heavy charge which
this indictment prefers against you, and which the humanity
of the Jury has prevented them from finding against you, but
they find you Guilty of having endeavoured to conceal the birth
of the child of which you were delivered. You cannot but be
aware, and perhaps you may be conscious yourself of the great
extent of mischief that has ensued from that unpardonable in-
discretion, at least —to call it by no harder name. When I look
to the circumstances of your case, and look to its consequences,
I cannot but consider your offence as a grave and Serious one,
even in the mitigated character in which it is now brought for-
ward against you. I feel it my duty, therefore, to sentence you
to be imprisoned in the House of Correction for the space of
twelve mlendor months."

SHREWSBURY, .TVEBDAY, JULY 29.

THE KINK V. WIIITCOMBE.

This was an indictment against the defendant, for miscon-
duct in the discharge of his office of Coroner,; first, for unlaw-
fully calling before him, before swearing in the Jury, divers
persons, and inquiring the means and manner of the death of
Mrs. Newton ; secondly, that before swearing in the Jury, he
conversed and had communication with John Newton, the hus-
band, well knowing him to be suspected of having caused the
death of his wife, by violent means, and undertook to persuade
:the Jury he did not cause the death by violent or unlawful
means ; the third, for the dismissal of twelve of the Jurymen
fourthly, that Mr. Coley examined the body of the deceased,
and had deposed, that there was a bruise and laceration in a
certain part of the body, which was the cause of the death ; ne-
vertheless, that he (the Coroner) endeavoured to convince the
Jury the cause was different and eatural; the fifth charge was,
that the Jury had opportunities of viewing the body of, the de-
ceased, but were prevented by him.
Mr. PEARtioN opened the ease on thepart of the Crown, and
called the following witnesses :
Elizabeth Ward said, she was in the habit of visiting New.
ton's ; Mrs. Newton died on the. 2tlth of January, at Apsley;
on 'Wednesday, the 27th, 1 was at Severn Hall, on the fore
noon ; a short time after I had been there, Mr. Whitcombe, the
Coroner, came; he went into the parlour, anti took off' his clothes
to dry ; Sally Lloyd was there, and be asked her if she had any
children, and if' she was a married woman ? she told hint not ;
he then told het she might go; he asked me if I was a married
woman, and had children ? I said I had; hesaicl. he had heard
many reports, mostlikely they were not true; he asked if Mrs.
Newton had net some marks about her ? I told him she had ;
lie asked if he could see Mr. Newton ? I told him he could,
and he desired me to go for him, and, he came down; Mr.
Newton went first, into the parlour, and I followed him ;
nei-
ther said any thingbefore I left the room, they remained about
ten minutes; Mr. Newton went out, and Mr. Whitcombe
asked me to let him see the body ; he soon went up, he threw
the sheet off and looked at the body; there was a black
mark upon the eye and all under ; a cut upon the upper lip,
whicieseemed as iithere had been a piece cut out, and a mark
upon the breast ; a black mark on the back of the, hand,
48 if it had. been trod upon the mark upon the leg seemed as
if it had been a scald, and was not a recent one; there- were
other hruitee on other parts of the body; he remained in the
room hut a short time ; we then went into the closet to look at
Mrs. Newton's clothes, and thence down stairs; soon after Mr.
Whitmore (Mr. Newton's landlord), came to Severn Hall,
with his brother, and conversed with Mt. Whitcombe in the
parlour. I was not examined as a witness before the Coroner.
Ann, Jones lives at Colmar Green, about a mile from Severn
Hall. After the death of Mrs. Newton, the children were tent
to my house to be taken care of. On that morning I went to
Severn Hall, wherei had a daughter living in service. While
I was going up stairs, I sawahe Coroner come out of' the room
in which the body of Mrs. Newton lay. • I heard.. Mr. Newton,
iwho was in the doorway of another reserrt, speak to him. lie
lisle tie ilpetrins 'Weald mit' Mike the worst of it, and lie would

' satisfy him in any way, and- thing. Mr. V
did not know how.,it would be yet ; I was
stairs at that time, and Mr. Anitcombe was
stairs.
Sarah Lloyd--I live at Bridgenorth, and.Oinember the day
the Request was taken. I saw 11Ir. Whitconsbe ;on that clay.
Ileasked me winit time Mrs. Newton ilia i ?.41-.told him on
Wednesday night ; he then said lie ova; very '`iv, ,t and wanted
to dry his clothes. After that he .asked if „Mrs, '..4tvtori had
any marks of violence about her, and I mentioned asvery bad
'black eye, a cut on the lip, mark on The breaSte :mother on the
hand, and on the leg. 1 told him 'Mrs New toe was gone in
the family way about six months, and my mistress had told
me so. He asked me who was the first-Who came to her? I
toldehim Mary, and he desired me to retch her. I think that
was all that passed.-
James Illilman Coleys—l am a surgeon and apothecary at
Bridgenorth, and am in the habit of attending women in labour.
I have been in extensive practice 20 years.l. Was at the inquest
which was held on Mrs. Newton, having received a note from
Mr. Whitmore' and a summons from the Coroner.. }Levinger.
rived at ScvernHall, I accompanied the Coroner to inepect the
body, which was lyinir in a.thatither itp stnirivivered with a
.sheet ; I observed aeauble on the templee-a %Audi eye, anti tut
on the upper lip, and the face was very much disfigured by there
marks. I saw a bruise and kind of laceration near one of the
arm-pits, which appeared recently inflicted. I observed 'a mark
on one of the shins, which appeared to have been occasioned by
a kick, and not a burn or scald. Mr. Whitcnnibe had an
opportunity of eeeinn,=';
these. marks; and I remarked to him,
'• This looks like a kick." He said, Oh, no !itis a burn
she has burned her shins by the tire." I observed an injury
on the hand, as if great violence had been used; one of
the fingers was either dislocated or fractured, and Mr.
Whitcombe could not avoid seeing it. These ward the ex-
ternal bruises I remarked at that time. The surgeon then
went on to describe the observations which he made on opening
the body ; but they were of a nature not fit to be presented to
our readers. It is necessary, however, to state that,, according
to his opinion the deceased met her death from the leceration of
a veleY delicate part of the body ; and that in conversation with
the defendant at the time, the latter endeavoured m convince
him that the deceased died from an excessive attack of an ill.
ness peculiar to women. The Coroner observed the laceration
was alight and unimportant. I then opened the head and found
several bruises on the outside, which I cut through to show him:
I believe I aewed the body upi. I wished to examine the chest.
The Coroner asked it' I thought I could find any thing worth
examining? I said no; and the examination did not take place.
On tbeCoroner'a leaving the room after the examination, he said
" I see, Mr. Coley, this it a very simple business; no criminal
proceeding can arise out of it. I had subpoenaed twenty-four
Jurymen, but I shall retain only twelve, and dispatch twelve."
Before he went down stairs, I said I did not understand the na-
ture and consequence of the prnceeding he. was about to take.
He went away hastily. A very abort time afterwards, while I
was washing my hands in the room where the body lay, in con-
sequence of a message from me to him, he came up stairs,' and •
1 told hint I felt dissatisfied with the proceedings ha was going
to adopt respecting a Jury, and that he must take all the re-
sponsibility on himself. He said " Certainly, there is not the
least necessity for more than twelve Jurymen." I followed him
clown stairs, and was present while 12 men were sworn. The
Coroner said, " Gentlemen, I am happy to inform you this is
not so serious a bUsiness as we apprehended ; nothing criminal
can attach to anyone ; only twelve Jurymen will be neces-
sary." And in consequence part went away. After they were
sworn, the Coroner sa lel,. " Gentlemen, it is necessary for you
just to take a view of the body." On their return the examina-
tion began. One of the servants said Mrs. Newton called for
Will an the night she died, and shook hands with hint, saying,
" God bless you, Will." The Coroner said, " this Iteoks like
an improper connection." Before I gave my evidence, Mr.
Whitmore asked who Will was ; some one said the waggoner ;
ant a Juryman said therecould be no cause for such a suspicion,
as he was a mere boy. 1 have since seen the deposition, the
Coroner returned of . my. evidence ; the one I signed befere the
Inquest. I compared them at. Bridgenortle; the one returned
by the Coroner roes not contain the 'whole of what I said. I
stated minutely the different hijitriea, which are not all :re--
Corded, Slim eltisaittitiluiri stilienhere :rend). 1 ittatrit that T
thought the injury was occasioned by a kick or a blow. The
Coroner asked me it' it might not have happened from Mrs.
Newton falling over a style.; 'I told him itsnight possibly have. I
pen from that, but I did not , think it probable, for if sire did
fall, it intist have been on something painted ; he asiml me
what would be the etinsequence of midi an injury as that ; I
saki loss of blood, and if thnwornan lived long' enough, morti. i
tication. The Coroner never asked me what, 'in my opinion,
was the cause Of Mrs: Newton's death ; I left the lnqueete
room, being sent for in ,e.retit haste .to a patient who wee ill.
About the 12th February I saw the Coroner again ; Newton
had been examined and committed; the Coroner 'called a: my
house ; it ix about thirteen miler; from hie; be told me he called
tneret tie to sign a fair copy of my, evidence alShe Inquest : I
told him Newton had been coMmated on suspicion of being
guilty of murder. Ile said a Magistrate. may coinntir on auspi-
cion, hut a Coroner could only. commit 'on facts ; he said he
had no doubt in his own mind that Newton had killed his wife, .
but the facts were not, sufliciently strong to find him guilty.-
I told him the public and Jury were dissatisfied with the ver:.
diet at the Inquest ; I asked him if. it was not possible to hold
another. lie said it could only be done by application to the
essurrof King's Bench, but. there was no additional evidence to
render. it necessary. I told Min I thought my examination at
the Inquest was not sufficiently full.' He said it was. I told.
him I thought be should have asked more opinions. He said,
if I had given any, he should not have recorded them ; that a
medical man, in giving his evidence at en Inquest, should con-
fine himself to fact ; and medical opinion could not be taken
as evidence. He said lie thought it probable the laceration had
arisen from the vessels bursting of themselves, from strong pas-
sion or hard labour. I made no reply. I compared the copy
with the original. After which he said they tad better not
subpoena him at the trial; for if they did, it must be in the pri-
boner's favour. That was after he said he had no doubt New.
ton had killed his wife. I was
,at Shrewsbury on !Newton's
trial. I saw the Coroner in this Court just before the trial
began. He said, " Mr. Coley, yoa have come on Newton's
business, I suppose_?" I told ham I had. Ile then said, we must
do what we can to net him off.
James- Barker-=-I was assistant to Mr. Fall, a eurgeon at
Bridgenorth, and attended the Inquest. I arrived between ten
and eleven, and saw the body, with the Coroner, before Mr.
Coley cattle. I wasafterwards present at the opening and ex.
seined before the Jury.-- The examination, 'as returned by
Mr. Whiteom
Mbe was read. —lt stated the witness was of opi-
nion Mfrs. Newton had diet from loss of blood, and not from
any blow ter violence. This he had neveeseid, orany worth to
that or the like effect, that hue recollected,

,i.cratbe said he
iug up the back
ling to the better

g
' Cross-examined---I will swear positively I never used such
words, I ordered vinegar add water in case the bleedin should
return. - I was the only person attentling till Mr. coley Came.
The Coroner said h© sent for him because he did not choose to
rely on my judgment. I &tpted the death arose from tumor-
rhage, and the gcneral etracussion of blows on the body. I
thought her in danger, but left tier and went away. The depo..
sition was read aver to me before I signed*, hut I will swear I
never read it, nor ever said it was perfteoy, co 4 rem What I
heard rend over was perfectly COrtt:CG I think the COTOT)CP
himself read it.

Thomas Conlin—l ton an assistant to.alr, col,eY, and went
,
with him on the day of the Inquest to Severn Ilan. I assisted
him in the examination, and observed the lingere broken lie.
fore I went into tite h ~
ouse I met Mr.Parber. I attended when
part of the witnesses gave their evitioix• (hie of the girth
said her mistress called" for Will, and when, he came sifook
hands with hint, and said " God bless Will t" The
you
Coroner remarked, this looks' likeimproper connection:
an
0:11710 ofl Itvhaes.Nollrie.
oVif'thbiternores toked who Win was. A Juryman
waggoners. Another said there was-no
0
reason for such a suspicion, as he was a Mere boy. r hei„d
lr. Coley say the injury was occasioned by a kick or blow, or
some external violence. Air. Wititcombe asked if it,With pos-
sible to be done by getting-over a stile. Mr. Coley said must
have mt
have been something pointed. • •
Thomas Illakewoy, Roberts proved the deposition of
Ann
Jong, in which she had sworn the same as she had tO-day.
Dr. Ihtgard, a physician in Shrewsbury, said,that if the op-
perances tonk.place as described by Mr. Coley, it was innate.:
sidle the subject multi have died by an excess of natural in.
.. ,
Ms ; and any person at an aequaintett with surgery or ar6,,,
tinny must have known that.
John Davis, Altman of the Jury on the Inquest, recollected ,
the Coroner saying there were twenty-four; that the thing wax
nut so bad as he expected, and he should release one part. lie
said he would call over the names, and they were to go to the
other Aide of the room, and hit kept the first twelve; who an.
steered ; the Coroner and o...onitables called the natnes from a
list. After we were sworts.the Coroner told us we it/oat ge ittis a

and see that the body of Sarah Newton was there. I did not
see the Coroner in the room ; we only just went into the room
and saw her faCe; the rest of the body WAS cohered with a
sheet. When we: had come down stairs, the Coroner asked
!bates, the waggoner, whether Mr. and Mra. Newton had any
words about htl wards the 'tinntan ? 'Tates said it was about a
lantern. Edwards lived at liridgenerth, about two mike from
Severn flail. When the evidence had closed, wt: went to an-
other room to consider of the verdict ; I gaie it in as Forenian,
That she died through the lose of blood." The Coroner
turned his head towards Mr. Whitmore, and said, " Oh I
then we'll- say she died front the, Visitation of God." Mr.
Whitmore said, ' No, put it doWn as the Verdict is given in."
`John Jones, a Juror on Mrs. Newton, was in the kitehen
with other Jurors, when the .Coroner came in and said he
was glad the case was not so serious as he expected, and
he should only want 12 instead of 24 jurors. After 12 Jurors
were sworn, and the Other 12 discharged, the Cmoner told
them to go up stairs and see the body, and " it was only neves-
sory to see that the body was. there." They only saw the de-
ceased's face, A female when giving evidence before the Jury
said something 'tabu* The Coroner said, " Yostsaid nothidg aboutthis when talking-to the this morning.''_.
One of the witnesses spoke, about., Edwards„ a tilllll4ll, beita
able to give evidence. The Coroft6 'Must have heard it.—
Witness heard Mr. Coley say the bleeding was occasioned by
a kick or a blow.. The Coroner, in his address to -the Jury,
said, " that one of the witnesses said she was subject to litemorr-
liege, and that she had been brewing and baking on that day,
and that might have caused it." After this witness 'asked the
Coroner to read Mr. Coley's evidence. again, as he was not sa-
tisfted. The Coroner read it over again ; rind on speaking
about the bruises, he said they might have been occasioned. by
a fall over a stile, or other causes; heard the foreman give the
verdict; and the ("mmer, on receiving it, said, " Died by
hemorrhage—that is, died by the visitation of God." , Witness
said, " That is nut what we mean ; our verdict is, Died by
the loss of blood, but how occasioned, we could not find.'The Coroner looked at Mr. Whitmore, and asked him how it
should be entered i' Mr. Whitmore replied,'" as they return-
ed it, to be sure."

Stephen Braithwait, another Juror, corroborated the above
witnes.es, as to the dismissal of the twelve Jurors, and to the.
Coroner's insinuation about Will and Mrs. 'Newton. The Co-'
roner said, " We'll have %trill called, and if his deposition is
worth taking down, we will take it."—This witne,.sa also cor-
roborated the evidence in support of Mr. Coley's testimony, and
as' to the Coroner observing, " It was only necessary to ate
there was a body there," when the Jury went up stairs.—The
Jury saw.no part of the body except the face.
ISlary Jones, servant to Newton, sworn—Was examined be-
fore the Coroner,' and told him that Edwards, a tinman, was
present at Newton's on the night she died. The Coroner, on
the morning of the Inquest, asked witness what .her mistress
was doing on the day she died ? 'She said she was brewing and
baking. She told the Coroner that she was sent out on the
night -her mistress died, and on her return she found her
.mis-
tress lying on the ground floor, with her feet towards the fire.
lie asked her if there was any blood about the floor, and she
maid there was. lie asked her from whet the blood came, and
she said she did not know. She then knew, but she did' not
like to tell hint ; she told him when sworn before the Jury in
the evening.
George Edwards, a tinman at Bridgenorth, examined by Mr.
RUSiELL—Was at Seyern-hall on the night his wife died; saw
Newton in the parlour.
Mr. J ERN' ts said that before evidence of what took place be-
tween Edwards and Newton wait given, it was necessary to
show that the Coroner knew of such transactions.
Mr. Baron flu ',coo: said, that proof must be given first
that the Coroner knew of Edwards being at Severn flail with
Newton, before evidence of what took place between them was
admissible.
The witness withdrew.

Samuel Clayton, a juror. sworn—After the depositions had
been 'signed, ,witness told the Coroner that he was not satisfied
how she came 4 that wound on her lower part,A. The Coroner
turned round Ida head, and said, " Do you want to hang the
man ?"'

Richard Vickers, an !Worley at nritigCnOttl, %Vivi employed
to !?exotreote .Newton. on behalf alibi' wires re 4Lion,-;.. 0,4311#
day idler tlio• Troptest saw Air. Whit orribe; told !lira that he
came on behalf of Mrs. Newton's relotions ; that the country
'was.dissatistled, and the Jury wished to elver their virdiei, if
they could ; and witness wished to know if he (defendant)
would do any think further in it ? He said,' " that he thought
the Jury were peril tly right in what theyltad done ; but he
supposed there was further evidence." He said be hod no
doubt in his own mind, that Newton had been the calis'e of his
wife's death, but there was no evidence to prove it, or words to
that effect.

Mr. John Woodward is an Attorney at Cleobury Mortimer,
where the defendant resides. The defendant is a surgeon at
Cleobury, and his practice as a man-midwife had been for up-
wards of twenty years. lie is a Mamba of the College of Sur.
A 'record of .Tolin Newton's conviction last Assizes was put
in and read •, also the depositions and Inquest of the Coroner on.
the 27th of January last.
• This'elosed the evidence for the prosecution.
Mr. Serjeant I'EAKI took an objection to the proceeding...—.
Ile said that there was an averment on the record, that 24 Ju.
rors had been summoned, and no proof had been given.
R Mr, PEASON said, that the witness Coley proved an admis.
sion of the 'defendant that he had summoned 24, od discharged
twelve.

The Counr overruled the objection, and Counsel rose to
reply.
The following witnesses were then called by the Learned
Counsel for the defence :

Thomas Whitmore Esq. one of the Magistrates of Shrop-
shire, examined by ilitu.Ezt-1 was landlord of Newton.
The parish officers applied to me to procure an Inquest to by
held on Mrs. Newton. I told them that the
_parish must Rend
to the Coroner. I attended the Inquest, as did the Rev. Mr.
Whitmore, rny brother.. When we'arrived we inquired for the
Coroner, who was pointed out to me. I :did not know him
he addressed me as Sir Tyrwhitt Jones. I told him I was,a
giatrate. He said he wished Magistrates would attend Inquest*
oftener than 1 dirt. Ile asked if I was married-1 answered
that I was. lie stated his opinion of the cause of the deceased's
death. I said he .woul4 berbetter able tojudge of that when he
had heard the evidenee. 'Barber came, and wished not to
be a witness, but I told him if he was summoned he must
give evidence. The Coroner Alien said, he was not satisGed
with him. Ile volt ed to have a regttlar surgeon. I named four,
one of whom was Mr. COley:--Mr, Coley came.' The examin-
ation of the -body then took place, at which I was not present.
The Coroner returned, and said he was glad to find it was not
so serious an affair as he was first led to suppose, and twelve
jurors would be He asked me to select twelve. I
struck out of thalist a ntan who had fought with Newton.. I
asked itim if twelve would, do—he looked at a book, anti said
twelve would do. I sUggesteci the best way would be to select
four jurors from each of the three parishes. Six of my tenants
were surtimoneti—two served, ind four were rejected. The
Jury went up stairs; 1 did trot go with them. On their return
the exaMi:uttlati commented. The Coroner told me to Ptit any
questions to the' witnesses that I liked.' The 'Coroner and his
son sat- :at a table. I heard Coley examined. .asked him
(Coley) if he could account for the death he replied can-
not.' 1 saw the evidence •wiliten.doWit, and bean:lit read over
to them: It was fairly-written' down. 54711110 of them were vtry
lath to. give evidence. Remembers the evidence of Barber
being read over to him. I never was at an Inquest before, but
the exarnination was'fairly conducted.

•
' The lteiferend Mr. Whitmore examined by Mr; Sergeant
111.:igr.-1 ant rector of the parish where the deceased died;
at the requeat of a good many of my parishioners,- I attended
the Inquest with my brother; I remember Berber; who was
there us snrgeon ; the Coroner wished for a regular surgeon;
my brother, at his request, nauted four, and Mr. Coley WAS
ti tlt for •spoe 9f' the Jury had asked me to apply to the Coro-
ner for their discharge ; 1 remeMber Herber' signing hid depo-
sition • he said the death was occasioned by lass of bloodi and
ha 'added; " and- not by any blow, or violence;" arlcl rhall ncr
dnulit but that _sentence in his deposition wise uttered
Cole}, said he could net tell•the cease of the death.
' Themes Heywood examined by Mr. Jr. constable
of the pariah, and ,received Precepts to stiounno twelye jams
from my Pintssn, elm two caner precepts, to two other constables,
to sununon six each from their pairiehts;
at the Inquest by the Coroner's direction, repeating the-words
after hint. opened the Court

Cross-examined by Mr. PUS/Ml.l.—Th* Coroner gala the
ease was not so bad we he expected • he also told the Jury thee
need nen exftrottte the body Particularly, us the aurgeona.hati
done that. ond we most abide by it ; remembers Mary Jauff
Raying examination,
_that when she Went out WI the day.,
the deeetwed died, she left }Awards stinking with her roaster-1,,

"remembers the Coroner talking what be believed to be
and Mr. Coley Said, '1" we. will speak' what eimy one end:
stands." Mr. Coley, in answer to tt. question by Mr. Wile:,
more, said, that the. 'injury might be ocasioned bye blow at'
kick.
He-examineti..The Latin Words appeared to be names.
Ednuind Banker' Whitcomb,' son of thadefentlant, a Ltd of
very prePossessing appearance, was examined by Mr: I' u Xi; .
ton and ,apptireritice to, the defendant; we, get. to Severn
Hail between II andil2olehrek.on the day ,previous to the to
quest—we were terribly wet...ewe changed our ffresa, and ' , refreshment; the defendant piked if Newton was alanit
hourte, one of the women maid he was up stairs, the eald Mae
" would you wish to see The defendant said, " I shosfel
like to know if he is in the house.;" she went out, anti a elm,.
whom I have since understood to be Newton, canle down,
immediately afteranother man came in; the defendant eaiti
Newton, " I am come upon a bad business.'-' Newton hai4c-,-.
" I know nothing about it., The defendant said," I have put
the horses into the stable, and can get nothing for them to cit."—
Newton said he had no oats, but he would give directions fos
theta to have some barley or oats; the other man went net and'
returned, and then both went out of the rosin; at this thne.,oo
servants were leyine the cloth for tia to take refreahment No
other conversation of any kind took placa with Newton; if anya.!
hsil been, ..I must have heard it ; reitionbers the two /Rowe!
Whitmore -coming. At the Inquest iMr. Culey said repeati.4.4:,4
that he could not account for the canseef the death. The Jury..
had been cemplaining of being very wet and uncomfortable,
and asked Ur. Coley, whether he had not better reletwe soiree of ,
them ; and Coley said, he thought he had better do so. The
defendant, after the dissection, elated Coley toleave the boat
neat, because the Jury were to view it.
The defendant's case being closed at nine o'clock, • ,
PEA itsozs., in qommencing his reply, observed, that the'
Countiel for prosecutiona always mule a mere statement, that
was not quite correct ; it wits true in felonies, but not 'comm.,.
auto misdenteammrs ; he would argue the case as coollyae
possible but coolness inargement did not at all imply want
of confidence in the right of: the mule.. As to the character -
the defendant had received, it was , quite clear that the
fentiant, like many other men, bad a good character till he lost
it, anti that the defendant had a good character, or the free-e
holders would never have elected him to the Office of Coroner.
The Learned Counsel comtnented on the evidence at considor.e,
able length, and observed, that they Were to find Whether the
defendant had acted corruptly; he expressed .his,surprise that •.;
the gentleman who had been celled should state that the exa-
mination was lately taken il6wn, and that all the evidence was
taken doVin ; he hoped they had done es his Learned Friend
had done, end had taken out their' watches while the deposi-
tions were made they took in the reading about, nine minutes,
and yet they Contained every thing that appeared in en exa-
mination of between four and five hours. Of the conversation
which took place between John Newton; the husband of the
deceased, and the Coroner, the son of the Coroner gives an
account quite different from the witnesses for the prosecution.
The son of the defendant said, that it was all about horses,'
provender but but Newton, the cousin, did not hear a word of it ; •
and as to him, he swore that' he had never made any affidavit, •
and yet he was forced to adMit that he had sworn an affidavit,
quite different in the account 'he now gives. The question the
Jury had to try was, not whether the defendant did or did not.,
commit any particular act of acts ; but whether .he had been
influenced by corrupt motives? They -might- feel 'for Mr e.
Whitcomb and his family, but they should feel .more still for-
the justice of their country. When Sir. PCirrat had concluded;
a very able reply— ,
Mr. Baron livr,Locu. commenced his slimming up ha' mat,:
ing that this was an information grunted by the Court of king'is.'
Bench, against the defendant, for malversation in the discharge
of his duty as Coroner for the County. The Learned Judge,.
read through and cormnented upon the whole' f the eyidence;:.
lie said it was tot necessary that a bribe shoUld be proved.to
have been received, and it was the province of the Jury to say,
what were the 'Motives that induced the defendant to'act in the
mannerpeoVed by witnesses who were uncontradietedand .
peached. 'ln the first place the defendant was alone with the.
accused ; lie prematurely expressed his opinion-that the case•
was a simple one, and that would certainly have air effect upee
the Jury .uho ought to have conic nin conclusion from
denee only Th- d .fendant's dtantleSiPkrb dr; or 010 Yuri 414
, ,
me Newer proper, Joni wmit motiVe ee ;tau M telling the re-
meinuti; -wilts kl:at they hnd otrAution to inspect the trenly,
when, by law, he must have known it was their. nourole,n
to inarect it, it isms fin the Jury to decide. The rejection tit
evidence in not railing Edwards, i, not taking doWn the evi-
tieece of Coley in ruff, and the filet sworn to by Barber, that-.
Ito never sterol what wita written ut aw bottom of his deposi-
tion, were subjecta for the Jury's consideration.. The detend,
tint, it was proved,. wished to alter the verdict to " bird by the'
visitation of God," lie having at that time, and subsequent*
expressed }pia conviction that Newton killed his
flietie and also the fact of the defendant having
" that if he were called on Newum`i hi must be"
a witness in his faVour," and his also stating
,ttl
Coley in Court, " that they must do what they could to brings
Newton off,". were circumstance,, pregnant with suspicion
against the defendant. The witnesses' also prove, 'that such
was the nature of the injury .Itlrs. Newten had sustained, that
nh medical man could inspect the parts without being fully
convinced that she ,died by violence, and,.the'defendant;
being a medical man, waft present at time dissection of the petit
expresses hie opinion that she died from yinlence, and yet ate,
tempts to alter the verdict of the Jury to that of n Died by the
Visitation of God," The hearned Judge, after corturienting
upon the.othet parts of the evidence, said lie was sere, thnt. beim.
ever painful it might bolo the feelings of the Jury to ceraggo
a man to ruin, yet it itai not their provinee to look at the effect
of their verdict, it was only for them to discharge their high and
important function. aCcording talaii, and to the best, of their
judgraelit, and if - they entertained a rational doubt_of the ttei
fentlant's guilt they would give hint the benefit of it.
The Jury in a few MitMtee, without retiring front the' hex
pronounced a vitdiet of—Guilty, but we do not see that
,by
received a bribe. The Judge said that was not essential to a
conviction. A verdict of tiuilty was recutded•
Mr. EAtteo a moved that the defendant do mace hue further
recognionees to recciie the judgmtnit Of the Court of Kirig`e
Bench; but upon the defendant's attorney undeintking that lie
shall appear, the Learned Counsel withdrew him motion.
The trial histed.frtiet nine o'clock on Tuesday rsiorninge' till
between twelvg
.414 one o'clock on Wedneadey qrtorniage Arad
the Court watt crowded the whole time to exects.. NO sate has
excited such interest as the resent in this- eouritV for tuarty
years.' • .