The Sun.
London, England, 1841-03-25 00:00:00

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ASSIZE INTELLIGENCE

S. d

EVENING EDITION

PRICE sd.

Mr. Burrell appeared on behalf of the prosecution, and
Mr. Cleekeon defended the prisoner.
The circumstances cf the ease v ere of a very extra-
ordinary character. It appeared that the prisoner had
Only been msrricd to hit wife a few months when the
idea of her Le:eg unfaithful to him entered into his
imagination, nod the affection he before appeared to
entertain for her seemed to be turned to the dradliest
hate. He continually ill-treated her, and ho threatened
that if sho told any one he would murder her,
and this threat had the effect of preventing ber friends
from being made acquainted with his conduct. Things
went on in this way until the 114th of November, when
the prisoner returned home about tea-time, evidently in a
very excited state, and he immediately took two pokers,
and went into his bed-room. His wife followed him, but
she had no sooner got into the room than he secured the
door, and in a few minutes he attacked her with one of
the pokers, felled her to the ground, and with a knife
slit one of her cars, and inflicted a severe wound on the
side of her head. The unhappy young woman struggled
as well as she could, but at length she fell senseless
across the bed, and covered with blood. By this time the
neighbours were alarmed, and they ran to the spot; but
the prisoner declared that he would murder the first who en-
tered, and they all stood aloof, alarmed at the dreadful threats
he uttered. While they were standing outside the room, the
prisoner was heard to sob violently, and to kiss his
wife, and say, " Come, and kiss me, Bess; I know
you are innocent—come into my arms and die." The
persons outside begged the prisoner to let them in, but he
decla ed he would murder the first who entered, unless his
wife said that he was wrong; upon which the poor woman
called out, in a faint tone, " You arc wrong, Robert." He
then ()Feud the door, and, when the people went in, be
fell senseless to the ground, apparently completely ex-
hausted by the violence of his feelings. His poor stile
was in a most dreadful condition—one of her ears was
completely divided, and her head was wounded, and her
body bruised most severely, and a bent poker, with which
the blows had been inflicted, was found in the room
covered with blood. The prisoner was secured, and
the wife's condition was considered so precarious,
that a Magistrate attended at her bed-side the next day to
take what she might say as a dying declaration. After a
inoctl 's confinement, however, the injuries took a favourable
turn, and she was now stated to be almost entirely recovered.
When the case was called on, Mr. CLARKSOS said that
he appeare4 on behalf of the unhappy man at the bar, and
upon looking at the depositions he saw that the utmost he
could hope to cif et was to shield him from being con-
victed of the capital charge. It was a melancholy me,
cot teinle, and he le lieved that the act must have been
committed under impressions which the prisoner was now
wed aware were quite erroneous. He had, however, no
doubt committed a grave offence, and the best that could
be done in his behalf was to consent to a coevic ion for a
most eegeavated assault, but be hoped the Court would
allow him to state that notaitl:standing what had occurred,
tee priioner's wife prA3ed tliat a Icaient scntenee might
be passel upon him, and when he regained his liberty she
would be qu:te resdy to live wi'h him rg-iir.
Lord DENNIAN said he had looked at the depose ions
and it appeared to him to be a most dreadful case. If the
proaccutiix thought that a verdict of assault only might be
taker, he would not object to it, but still it would be a
case callivfor severe punishment.

cf N. 20. The spot of Blood near N.). 20 was of the
sire of a pea. Hal seen the prisJner two or tA•l%,e
in Mackreth's mom. Ia aware that akin is used fur mrk;ng
e ;louts fat.

Dr. Thomas Lloyo, of Ludlow, described vaiiuus expe-
riments Le bad used by which he had reproduced :lum from
the ski); in the chamber uten,il. I examined the wounds
of Mr. Mac; retie ; they were as described by Mr. Hodges.
I did not st c the pri:oner till about seven o'cl,:ek. He
was near the door ef the prosecutor, dresied all but hi,
he' t The prisoner cald, in a tone of great levity, "He
had boot{ in tit; scuff' I saw marks under the
bad of the pros. c 'tor of a person having lain down. Tney
appeared marks of a :holt in ism:.
Croy--xamilled—l have found that alum 1;1 extract
stains cf hood sooner than soap and venter; if blood was
on the hands, and water we.; mixed with alum, it would
imweiiatrly obliterz.te, the stains; I am not aware of as•
certainirg tie diffarenee between the blood of man and
ast. When the window was open in fie passage, I
fonui it impossible to throw anything in the position
where the raz :r was found ; there is not sufficient play
between toe barn of the window to throw anything to
that place.
Mr. Thomas Jobson was at the Angel-inn, Lullow, on
the 19th of August ; was awoke about four o'clock in the
morning by a cry of " Fire !" Looked out of the window
into the yard, but saw no one there; must have seen them
if there had been any one there.
Richard Hammond, police-of eer cf Ludlow, se,rehed
Mr. Whatnner.fs yard on the 00th of August, about six
o'clock is the morning, and found a razor ; it was wet with
blood ; there was a little dirt on the edge of the blade; it
ayes nut closed ; went int ) the prisoner's room just hefore
six; was in bed ;he said he had been up in the other
room and was just going to sleep ; he was covered up with
the sin2.et over his head.

Cross-examined—Did not pull the clothes off the bed ;
ouly tune.] the sheet down as far as the prisoner's breast.
The witness produced Mr. Mackreth's shirt, which was
saturated with blood all over.

John Vaughan—l live at Birmingham; know the pri-
sonet; lodged at the game house with him till July last, at
No. 50, Nei:- Caiial-stieot ; he hal two razors with black
the razor produced baa not Le •n set; the rater
used bad ni,t Lean scr, it had a black mark on the blade
caused by rust.
John Hewitt, of Ludl,..v, se irclie3 the pri-
sor,er's lodgings at Birmingham, and found a black-handled
razJr in a porianaateau, containing some shirts marked
JGzil!t M:ster.

George Hathaway, ostler at the Angel Inn, Ludlow,
four, i a pair of cotton stockings on the 21st of October in
an old brewhouse, it a grate that was not used; saw
the prisoner in the yard on the 2011 of August, near the
brevlcause ; gave them to Mr. Davis, the gaols', who pro-
duced them. They we:e stained with sometling, but
Mr. Hodges (the surgeon) cud not say if they we:e
stains of blood.
Mn Dowre:, Town-clerk of Ludlow, went to the Angel
Inn, Ludlow, on the 20th of August, and directed the pri-
soner to be taken into custody. He said he had slept at
Worcester on the Tuesday night, and that he came by the
Red Rover coach. Asked him where he joined the
coach ; I c sand he walked from Worcester to Woofferton,
and got on thee. lie said. be was at Birmingham on the
Saturday previous. Ile afte•wards said he walked from
Worcest r to Ludlow and back from Ludlow to Woeffer-
ton, intending to go to Leominster, but he changed his
mind, and came back by the Red Rover to Ludlow.
Mr. VALENTINE LEE then addressed the Jury for the
prisoner at great length, commenting on the evidence,
and poiating out several circumstances which ought t)
decide the Jury in bringing in a verdict of not guilty. Ile
concluded by quoting Lord Hale's aphorism—that it was
better that ninety-nine guilty persons should escai e than
one innocent man should suffer—and earnestly entreated
the Jury to give their verdict with caution and care. If
they had any doubt;, law, justice, and religion, demanded
a verdict of not guilty.
His Loanstrin then summed up the evidence, and corn
['tented upon diffe ent points of I'. Ile remarked that Mr.
Ludlow ass evidently the object of the pi iaaner's pursuit,—
that blood hal been continuously traced front Mr. Mack
reties room to within an inc..) or two of the door of NJ. 20,
and that there was a smear cf blood on the curtain in that
room, on a line with the window. Mr. Cooke had ad-
mitted that, as the pi ironer stood near the wounded m
some blood nigh t have got upon his shirt. The ditlieul'y
of the case, was whither blood bad been upon his shirt
and washed out. Alum would do it, and alum had
been found in the prisoner's possessi;n. There was the
strongest I.resumption that the deed had been committed
with the bloody razor found in Whatinoro's yard.
This razor might have been thrown out of either
window, for it was found 28 feet from the prison, r's
window and. 35 feet from the passage window. His
Lordship did nut at.aeh much importance to dm findieg
of the at)ckings; but thought it extraordinary how
the prisoner could have lost his. The question wt.':
who but the piimner could have committed the deed ?
Every person in the home, except Mr. Cooke, who was
unable to apt, e,r, had been examined. It was almost
impossible it could 1 ay: been done by a:ly person but
one an inmate of the house at the t' n.e. Ti.e person
must have been collet aled under Mr. Maeltreth's he I.
and got out by unbolting the door.—llia Lerdahip
observed t 1 at the prisoner's tracking Mr. Ludlow
gave ground for strong suspici m. The able Counsel
who pleaded for the pli,orter had not been able to
trace any innocent motive by which the prisoner
could he actuet He concluded by saying list he
agrr e I sviAi Lord Hale, that the first and most sacred
duty of Justice was to proiect irnoceuci, but its next ob•
1.;_.,a.i0n was to detect and punish guilt. The question
for their c-insideration was—dal the prisoner committed
the outrage a; on Mr. M.ickr;th ? They had a solemn
and sacred duty to perform, and he now would leave them
to discharge it.
At a quir:er past seven o'rl cle the Jury retired to dc-
lil.erate on their verdict. The Foreman in quested that
the shirt, curtain, and rszor, should be given them to
examine.
The Learned JUDGE directed them to be handed up,
saying that Oil/ were not of much importance, and that
the linen would net exhibit the same appearance now as it
did in August.
Ater an absence of thirty-five minute:, the Jury re-
turae t. White their names were being called over, the
prisoner, who had preserved a remarkably firm demeancur
up to this period, cast his eyes very anxiously around time
Court, and at their. When the Feremen pronounced
" Guilt:," lie suddenly swerved back as if flora a blow.
He the-n shaded ids fae r a minute with his hand, and,
for the first tiaie during the they, appeared unnerved. He
partially recovered Isis firmness, and when the Clerk cf
Assize dernande I what he had to say why judgment
should not be given, that he should die aucoruing to law,
be replied in a subdued tone, " I am not guilty of it."
Proclamation was then made ; when the Judge put on
the black cap, and, in a very feeling manner, thus passed
the sentence of desalt :
"Josiah Mister—After a long and patient inquiry, the
Jury have come to that conlusion to which the evidence
has properly led the.r, that you are guilty of the atrocious
crime for which you stand indicted. I have but seldom
witnessed a case in which a crime like this has been con-
e, iced and execut 7tl with so much of deliberation and de-
tirmitiaticn as you lease exhibited. It is possible that an-
other person was intended to have suffered, and you pur-
sued hint with great industry, and your Learned Counsel
was unable to suggest anything previous to your arrival at
Ludlow to exidaia the circumstances which mark your
pursuit cf him.
You must prepare for the death which now awaits
you, and I earnestly entreat you to seek for that mercy in
the next world, which you cannot receive in this. The
sentence of the las is, that you be taken hence to the
place whence you came, and thence to the place of execu-
tion, and there be hanged by the neck wall you are dead.
May the Lord have mercy upon your soul."
The prisoner was then removed to one cf the cells under
the Court, whither he was accompanied by Mr. Dawson,
Governor of the Prison, and the Rev. D. Winstone, the
Chaplain. After an interval of half an hour, he was re-
moved to the prison.
The trial lasted nearly twelve hours.
The prisoner is thus described in the Salopian Journal
published yesterday, with a full account of the trial :
" 11.2 is described in the calendar as twenty-five years old,
but dues not look mote than twenty-one. He is under
the middle size and slightly made. He wag dressed iq a
dark green coat with velvet collar, dark figured satin
waiateoet, grey trousers with black stripe, black satin
st ck with small embroidered spfg. His shirt collar and
wristbands were slightly exposed. He wore his hair
(which is dark brown) divided rear the middle, and
smo.ehly brushed down at each side. His eyes, which
are rater la-go, arc very dark and bright. His complexion
is dark, He has scanty black whiskers. On the whole,
his appearance was decidedly " interesing," (we believe
that is the conventional epithet), and he did not lock
a person likely to commit the atrocious mime of vvLieh
lie was convicted. He appeared remarkably self-possessed,
and occasionally took notes of the evidence."

Mr. CLARKSON said the prisoner ought to feel deeply
grateful fur the course proposed to be adopted. He cou!d
oiler ❑othing further on his belat'f, and upon a comietion
fir assau't he must lave the ease e!itirely the hands of
Ile Court.
The Jury then found the prisoner GuAty of an aggra-
vated assault.

Lord DENaIAN sa'd it was a %cry bad case, and be must
uike tine to consider nil t judgme:.t should be passed
upon the prisoner.
Jw::es /kitty, :.ged 24, labourer, surrendered to take
his trial upon an indictment 11:m with the mar-
sl:ughte • Lf William ElAey.
The prisoner pleaded " Not Guilty," and fie trLai was
about to bo proceeded wi.h when Lcrd DEN MAN expressed
his opinion the the in isoLer had bette: retract Li; plea and
plead Guilty, as his sal he saw by the ecoositions
that the case was net of a character that would call for
a-ty severe puni:h.nent. His Lordship went on to gay
flint it appeared that the prisoner and dece.ised La I leyn
driAking trg,-Aher at a public-house, and when they went
out, by son.e means or other, not clearly ascertair.e3, a
quartet and fight took pl tee between them ; but it ap-
peared that the deceased was most to blame in the transac-
tion, and that he had provoked the prisoner to act as lie
did in fighting with him. He should, therefore, under all
the circumstances, order the prisoner to be discharged,
upon paying a fine of is.
FORGERY ON TILE BANK OF ENGLAND.

Thonzas 111ithucr, tged 47. a miseraLle lucking mac,
walking on crutches, was indicted for feloniothly uttering
and putting cff, at the parish of Cuckfield, a .51.-note, pur-
porting to be of the Bank of England, well knowing the
same to be forted and countelf it ii, pith intent to de-
fieed the Governor and Company of the Bank cf Eng-
land.

The prisoner p'eaded guilty.
The priscncr was they. arraigr.e ion anothe' indictment
for a similar offence. To this charge he also pl.:aded
_ _

Ti;e prisoner was then callcd up for judgment, and Lord
DENMAN said, that atilt ugh he ecbl l not help COMFIII,CrA.
ting his present n.i.Anab!e condition, yet I is duty to tfe
public compelled hint to pass a severe se7,tence for t! e of-
fence to which ha had pleaded guilty Frauds of tF.ii de-
scription core matt dangerous, stud it was absolutely ne-
cessary that they should be repressed by the strong arm of
tie law. The prisoner wa.s t ten stntencei to le ti a is-
port( d r fourteen year.
The clscs on the Civ,l side v.e e &void of illereLt.