The Sun.
London, England, 1824-03-20 00:00:00

ASSIZE INTELLIGENCE.

TENT ASSIZES, FRIDAY, Mancx 19:•
HORRIBLE MURDER. ' ester
James Clover, Stephen Shelv, Joseph Sh'ilvp, and!" the
Shelvy, were charged on the Coroner's Inquisition
wjailnluularymulasrdLer of Elizabeth Marsh, at Shoulden, on with
re charg-
ed prisoners, Joseph Shelvy and Hester Shelvy, we
ed as accessaries before the fact. gr.
Mr. BOLLAND (with whom were Mr. Adolphus and
on
Baker), for the prosecution, declined offering any evidence ...
this charge, against the accessaries, and a verdict of Not Gult,Y
was recorded. then
The prisioners, James Clover and Stephen Shelvy, were _
indicted for the like murder; Stephen Shelvy being chargea
accessary before the fact.
who
The principal witness for the crown was Joseph Shelvy,
was admitted as an approver. The deceased was a widow wo-
man, 84 years of age, living by herself in a lonely cottage, .n;
the parish of Shoulden, and was erroneously supposed to Da
very rich. On Sunday evening, 25th of January, she had been
heard singing a psalm by some of her acquaintance. In con-
sequence of her not appearing on the Monday or Tuesdalt
and the shutters of her windows remained closed, apprehen-
sions were entertained that something had happened to
25th
Some neighbours went to her cottage, and finding the doors wine
open they entered, went up to her bed-room, and found her
lying dead in her bed, covered over with a heap of rags, and
two pillows on her body. She had a dreadful wound on her
left temple, and the fingers of both her hands were broken. M'
iron plough colter, and an old hat, in the form of a dark lantern,.
were found in the lower room, and the doors exhibited marks of
violence, such as would have been made with the colter. On
the Sunday following 'Joseph Shelvy and Clover were aper''
hended at Folkstone, and in consequence of the informailea
which the former gave the other prisoners were taken illt"
custody.
Joseph Shelvy deposed that he became acquainted with ti.e.
prisoner' Clover, at thelast Canterbury Sessions, held Jan. lit
whither they had gone as witnesses respecting the settlement of
Stephen Shelvy. On Sunday morning, Jan. 25, they were sr
Stephen Shelvy's cottage, and whilst they were alone witness
said he was going to Folkstone for some money which a young
man owed him for a violin. Clover said it was no use going t°
Folkstone without money. Witness said he had none. Clover
said that, if witness would stop till night, he would go and get
some money. Witness asked where he was to get it ? Clov.er
said, " I will run the hazard, if you will agree to stop." Wits
ness had an old hat, the brim of which was torn, and at Clo-
ver's desire he gave it to him. He then asked Hester Shelvel,
for a needle and some worsted. She brought him some worsted
and a needle. The prisoner, Stephen Shelvey, was not then
present. At Clover's request Hester then brought him a We-
an; and he proceeded to make a dark lantern of the hat, bY,
cutting the brim off, cutting a door in it, and sewing a piece or
black cloth on the top. M itness put the save-all into the hat'
This was between 10 and 11 o'clock in the forenoon. 'They
then laid themselves down to rest till a little after 11 o'clock,
when they got up. The prisoner, Stephen Shelvey, and his
i wife came eto the room for the purpose of going to bed. As
soon as Stephen saw the hat which had been made into a lan-
etern, he asked what it was. Clover replied that it was a dart_
lantern. Stephen said, " What are you going to do with
it ?" Clover answered, " Your brother and I are going some'
where to-night, and we shall stand a chance of getting a little
money, I think." Stephen then said, "Where are you go"
ing ?" Clover answered, "We are going to an old woman s;
and I think we shall stand a chance of getting a little money.
Stephen and his wife then went to bed. A short time after-
wards witness and Clover having provided themselves with n
tinder-box and candle, they went out. As they were going:,
Stephen said, " Are you off now ?" Witness said, " x
They quitted the house, taking two sticks with them froze
a hedge. Having arrived on the farm of a Cientlenesn
named Wyburne, they took from a plough which they
&und, the colter,. and a large stick called a road bat. The'',
then went to the house of the deceased. Witness, unto
this time, did not know whither he was' going. They
fbrced the outer door with the iron colter, and after breaking
an inner door, they at last got to the foot of the stairs lead-
ing to the bed-room of the deceased. Previously to entering the
house, witness had struck a light, and cutting the candle in tiv°l
lighted both pieces. When they got to the stair foot, Clover hot
the road bat in his hand. There was a door at the foot of the
stairs lightly fastened. Whilst Clover was trying to open it the,
deceased called out " Hallo ! who's there? What do you want?'
Clover then burst open the door, and ran up stairs,. leaving,
witness below. He heard Clover strike the deceased twice Wit",
the road bat. Witness told Cer he was runnine , ,° A
to hurt the woman. Witness ran upstaffrs as quick asbhep
When he got up Clover's candle was out : and at that izes,tnllt
he was in the act of striking the deceased a third blow. k'
deceased did not speak a word. They then proceeded to rifle
the chest in the room, where they found three country 11. notes,
some halfpence, some candles, and a Dutch cheese. 'Whilst
they were taking these articles out witness heard the deceased
making a noise, as if she was snuffling in blood. Clover then
took the bat up again and struck her a fourth desperate blow'
which extinguished life. 'Witness told him not to hurt her, bdr
he made no answer. After getting every thing worth carryizig
away they quitted the house, leaving the colter and the dark
lantern behind, and the door unfastened. They returned to
Stephen Shelvy's house, where they divided the spoil. Among
the articles taken was a prayer.book ; Clover went into Ste-
phen's room with a basket, containing the candles, cheese, Sc.c,i
and said to him, " These things are for you." Stephen Pi,'
nothing, but got up and went to his work. This was the suv
stance of the accomplice's deposition.
Clover being asked if he had any questions to put to the' Wit'
ness, said he had many to put, but it was no use.
Several witnessess were called to confirm detached collateral
circumstances of the accomplice's evidence. The prayer-hocir
which had been found in Clover's possession was positivel4
sworn to by several witnesses, as' having- been the' property
the deceased.
The prisoner Clover cross-examined almosi all the witnesses
with some acuteness ; brit without eliciting any thing in ,
favour. Being called upon his defence, he said, "Itisno t 1
W I say any thing for myself." •
The prisoner, Stephen Shelvy, said he would leave his de'
fence to his. Counsel.
Mr. CLARKSON submitted to• the Court, that there -was
"
evidence to go to the JurY, shewing that he was privy to tr
►
felonious act committed by: the other prisoner.
Mr: Justice BEST thought there was evidence for the Jai'
Ills Lordship then proceeded to sum up the evidence' with d'e
greatest minuteness. Whether the prisoner Shelvy was an aceesp;
sary, was 'a question of fact; from which the offence of murw-e
in law must result. If he knew that the principal felons we
i,c,
going out to commit a robbery, and had assented thereto, la
though he did not contemplate' hat the crime of murder vf°l'he
have been perpetrated, still in the eye a the law, he would "-e
guilty of the offence charged in the indictment, and liable to thc
I Punishment of death. This, however, was a pure question ();
fact upon the evidence. As to the other prisoner there could
little doubt that his was the hand which destroyed the ue;
' ceased, and if the Jury thought 'so, would 'be' their duty t
find him guilty.
The Jury deliberated a few minutes, and found both pri-
soners—Guilty.
The Learned Judge 'then passed sentence of death, in the
most solemn-and impressive manner,. and ordered Clover fc_?...r
execution on Monday next. The other prisoner, his LordslOY.
said, he should 'recommend to Royal mercy, under all the Cl
cumstances of the case.
Both prisoners were fine young men, the oldest not rnufell'
more than 20, and were both unmoved during; the whole 01`-
,froin first to last.—The Court-was crowded to excess.

BIRTHS.
On Friday, the wife of Joseph. Conder, Esq., of the
Office, Somerset-place, of a son.-
11
On the 17th inst., the Lady of Mr. J. F. Da Costa, of
daughter.

MARRIED. tl;6'
On Wednesday last, at Bishop Wearmouth Church, bi
Rev. Charles Grey, Robert Shank A tcheson, Esq., of Prittie
street, Westminster, to Catharine, the second daughter 0' of
.ReVerend William Ettrick, of High Barnes, in the Coat%
Durham
th. ' • -
DAwara
-On e l7th inst., at St. Martin's-in-the-fields, A-
Cresy, of Suffolk-street, Pall-Mall East, Esq., to Eliza, el3"'
ter of Mr. Wm. Taylor, of Ludgate-street. yeas
On the 17tli inst., at St. George's, Hanover-square, T/I_o- to
Law Andrews, Esq., of Devonshire-street, Queen-square'
Miss Sims, of Hart-street, Bloomsbury, and niece of R. Le
Esq., of Beckenham, Kent.

DIED.
On Friday, the 12th inst., at his father's house, 116111'
second son of Mr. Daniell, solicitor, Colchester, aged 21. dt
On the 18th inst., at Sutton, Mr. John Robinson, 0' '-
Carey-street, in his 70th year., 41
On Wednesday, at Worksop, Notts, very suddenlY, age,,e;
years, Mrs. Clay, wife of Mr. Thoinas Clay, of the same pi.:
spirit-merchant. While at breakfast, she exclaimed 1 kart,
violent pain, placing her hand on her stomach, and, awfutd
relate, instantly expired in her brother's arms, we need
children
to the great grief of her relatives and friends, lcAving two
to deplore the loss of a kind and affectionate parent

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