The Sun.
London, England, 1826-08-11 00:00:00

POSTPONEMENT of Mr. WAKEFIELD's

TRIAL.

(FROM OUR OWN CORRESPONDENT p)

NORTHERN CIRCUIT.—LANCASTER, Auo. 9.

This morning their Lordships proceeded to Saint
Mary's Church, where a Sermon was preached by the
Sheriff's Chaplain, the Rev. Mr. Penny.
After Divine service, the Hon. Mr. Justice PARK
pro.ceeded to the Crown Court, where the preliminary
business having been gone through, and His Majesty's
Proclamation against vice and immorality read, the
Grand Jury's names were called over, when the follow-
ing Gentlemen answered to their names:—

Hon. E. S. STANLEY, ALP., commonly called Lord STANLEY,
Foreman.
John Bolton, Esq. John P. Mocha, Egq•
R. F. Bradshaw, Esq. Alexander Nowell, E 5.
Wm. Gale, Esq. - Myles Sandra, Esq.
Charles Gibson, Esq. Legendre Nicholas Starkie, Esq.
Thomas Greene, Esq. ALP. P. E. Townley, EN.
John Hargreaves, Esq. George Wilde, EN.
William Hulton, Esq. lE. Bootie Wilbraham, Esq.
Hugh Hornby, Esq. George Wilson, Esq.
Thomas Leigh, Esq. Robert 'Whalley, Esq.
William Leigh, Esq. I Robert Townley Parker, Esq.
The above were severally asked to Dine with their Lordships.
After which, his Lordship charged the Grand Jury
to the following effect:—
" Gentlemen of the Grand Jury, it has been to me a
source of congratulation during the circuit I have tra-
veiled hitherto, that the calendars have been extremely
light, and I can only express my sorrow with my Learned
Walter, that as regards Lancaster, 1 mast reverse the
picture. It is indeed dreadfully distressing to my feelings
to see so heavy a list of prisoners that the calendar now
before me presents, and some of these I regret to tee
marked by the highest species of crime.
" Gentlemen of the Grand Jurv, among these are no
less than sixty-six persons charged with rioting in the
County of Lancaster. That these deluded persons may
have been driven to the committing of these offences by
the distress of the county I am willing to suppose may
have been the case. I trust, and lam sure, that the
Grand Jury whom I have the honour to address, possess
those liberal and enlightened feelings that are to be found
in our nature, still those feelings must not be carried to
excess, for it must be understood that persons in their
unfortunate situation, whatever may be their poverty, are
not to take the remedy in their own hands. God knows,
the distress of the times is bad enough, but still this is no
excuse for the committal of crimes like these, and these
deluded persons must be taught that they cannot
destroy public property without drawing down upon
themselves afterwards the severest penalty of the
law, which will ultimately be their fate if conviction
follow the crime. The Act which the priioners is indicted
under is the statute of the 52d of his late Majesty, which
extended the powers of the Act commonly called the
Black Act, to the destroying of mills, engines, and other
machinery used in manufactures, and made the crime fe-
lony, without benefit of clergy. I have read several of
the depositions last night, and I think about thirty of
them appear to me to be of a capital nature ; but if you
have any doubt uon the point, you will dismiss the ca-
pital part of the charge, and find for the misdemeanour
only. There is an excellent maxim, laid down by a learned
and humane writer, which is, "temper justice with
mercy ;" but then mercy must not triumph over justice.
I believe—indeed I well know--that his Majesty is always
ready to listen to the recommendation of mercy, and :t is
through _him alone they can hope to escape, if found
guilty, the punishment of death.
There are other cases in the calendar of a very aggra-
vated, description—l mean those indicted for highway
robberies—many of which are of an 'lttrocious nature ;_
and I never knew since I had the honour to be one of his
Majesty's Judges, so many tyLought together, attended
with tech degrees of crueltr: thifhliig can- -tend more to
disturb the public tranquillity than acts like these; and it
will he necessary, I fear, to make a serious example for the
public safety. His Lordship then proceeded to make some
special observations on several cases of manslaughter, and
particularly on the prisoners committed for murder, which
his Lordship said he should not try until the latter end of
the next week.

" Vith regard to one case in the calendar, I mean that
of Wakefield, for haying withdrawn Miss Ellen Turner
from her friends at Liverpool, they having the
.care of her
person and education, and forcibly taking her away against
her will and consent, and which had excited a considerable
share of public attention, I am not prepared, at the mo-
ment to, say whether the crime the prisoner is charged
with amounts to felony or not. In early times, by the
common law of Englund the taking away of a maid or
female from her parents or guardians, for the purpose of
marriage,although the party so taken away consents to such
marriage, was deemed a conspiracy, which was punishable
at common- I have looked through the various
depositions, and think that this should be the nature
of the indictment. The punishment, however, attached
to such a conspiracy was not anciently thought sufficient
for the, crime. There was an Act passed in the reign of
Henry the Seventh, which made it a capital felony to
deprive a female of her chastity under ouch circumstances,
which the 39th of Elizabeth in fact repealed, still making
the offence of a capital nature ; but in his present Ma-
jesty's reign the 89th of Elizabeth was repealed, and the
law now stood as before on the Act of Henry the Seventh.
To bring the prisoner under this latter Act, it would be
necessary, in the first place,to show there had been force
used,' and subsequently a continuing of that force;
there
.had been eases of the taking out of one coun-
,ty into another ; now force must be used in the
same county where the marriage takes place, before
conviction can follow. There is an „Act, passed in
the reign of Philip and Mary, but - which Act does
not contemplate-force, but the taking away without the
consent of the parents, or prochain amie, not looking to
the consent of the young lady. (Here his Lordship recited
that part of the Act of the stealing a child under the age
of sixteen years, &c. but which Act did not set out how
the crime was to be punished.
It ran thus " 4 and 5, Philip and Mary, cap. vii. " An Act
for the punishment of such as shall take away maydens that be in-
heritors, being within the age of sixteen years, and that marry.
them, without einsent of their parents." When maydens and
women, children of noblemen, gentlemen, and-others, as well such
as be heirs apparent to their ancestors, as others, having left unto
them by their father, or other ancestor and friends, lands, tene-
ments, and hereditaments, or other great substances, in goods and
'chattels moveable, for and to the intent to advance them in mar..
riage, somewhat like according to their degrees, and as might be
most for their surety and comfort, as well for themselves as of all
other their friends and kinfolks, be oftentimes unaware to their
said friends and kinsfolke, by flattery, trilling gifts, and fair pro-
mises, of many unthrifty and light personages, and thereto, by the
intreaty of persons of lewd demeanour, and others, that for re-
ward, buy and sell the said maydens and children secretly allured,
and now to contract matrimony with the said unthrifty and light
personages, and thereupon with sleight-or force oftentimes be
taken and conveyed away front their said parents, friends, or kins-
folks,lo the high displeasure of Almighty God, disparagement of
the said children, and the extreme continual heaviness of all their
friends, which ungodly (leafing, for lack of wholesome laws to the
redress thereof, remaineth a great familiar and common mischief
in this our Commonwealth.

" 11. For remedy whereof: be it enacted, tic. that it shall
not be lawful to any person or persons to take or carry away, or
cr cause to be taken or carried away, any maid or woman child,
unmarried, being under the age of 16 Years" nut of or from the
possession, custody, or government, against the will of the father
of tiva, maid or woman child, or of such person or permoe to
g
whom the father of such maid or woman child, by his last will
and testament" or by any other act in hislifetime hath or shall
appoint, assign, bequeath, give or rant the order, keeping, edit-
cation or government of such maid 'or woman child, except such
taking and conveying away as shall he had or done by or for such
person or perSOOS Its without fraud or coyin be, or then shall be,
the, roaster or mistress of such maid or woman child, or the gw,,,,,
dip. in socage, or guardian in chivalry of or to such maid or child.
it ill. And if any person or persons above the age of 14 years