The Sun.
London, England, 1829-03-23 00:00:00

LIBEL.-PETTINGALL V. ARROWS3IITH.

Mr. Meesoe• openel the pleadings.
Mr. CAMPBELL said on this occasion he had the honour
to appear as Counsel for the Rev. George Hanbury Petti-
gall, .who had been reluctantly compelled to bring this
action, which the defendant, by suffering judgment to go
by default, had acknowledged was without defence. The
plaintiff was a clergyman of the Church of England, with
a patrimonial prtperty of 1,2001. a-year, but without a
benefice. In 1818, he married a lady of great respecta-
bility, residing in this county, a Miss Jane Baines. With
her be had no fortune, but received afterwards 1,0001. on
the death of a near relation. They lived very happily to-
gether for some time, and, if it had not been for the de-
fendant, might have continued to do so, with very slight
interruption to their felicity, to the present time. There
had never been the slightest imputation on the honour of
Mrs. Pettingall ; nothing could be alleged against her, ex-
cept some peculiarity of temper, which might, with proper
management, have been corrected. But the Jury would find
that those small differences heal been fomented by the arts
of the defendant and some of his relations. The plaintiff
was willing to do every thing in his power to gratify the ca-
prices of his wife. His fortune was at her disposal to go where
she pleased, and in 1828, Mrs. Pettingall having expressed
a desire to visit the Continent, they crossed the Channel
and settled themselves at the Hague. Here they lived hap-
pily for some time, but at length Mrs. Pettingall became
tired of her husband's society, and i nsisted on returning
alone to her relations, Mr. Pettingall furnished her with
money for her journey. She arrived in this country, and
came down to Shrewsbury, where Mrs. Ford, her aunt,
resided. While at the Hague, Mr. and Mrs. Pettingall
had been living with a respectable gentleman of the name
of Theron, who wrote a letter to Mrs. Ford, to explain
the manner in which Mrs. Pettingall had been treated
while there, and expressing his hope that Mrs. Ford and
her relations would do what they could to induce Mrs.
Pettingall to return to her husband. With that view the
letter was written and arrived in Shrewsbury, where the
defendant, Mr. Arrowsurrith, a surgeon, resided. He
(Mr. Campbell) did not wish to say any thing against the
defendant, except what arose out of this cause. Mr. Ar-
rowstnith was no relation of Mrs. Pettingall, but a nephew
of Mrs. Ford. Ile had seen the letter from M. Theron,
addressed to Mrs. Ford, and in answer to that chose to
write a letter, not to M. Theron, but to another gentle-
man, Mr. Proctor, to brand the character of Mr. Pet-
tingall in a foreign country with those slanderous reports
that he had been propagating in this country. The
learned Counsel then proceeded to comment on the different
parts of the letter which he deemed most obnoxious to the
plaietiff. It had been written in coat !ence, and without
malicious motives, Mr, Arrowsinith might have attempted
to defend the action ; but it was no such thing, the de-
fendant had pleaded guilty to the charge.
Mr. BATHER said, said his Learned Friend had talked
of the differences which had been fomented by the defend-
ant, but what evidence had they of any thing before this
letter aves written? It was admitted that the plaintiff
and his wife had not lived very happily together,—that
their days had not been all halcyon days,—that there had
been the tiffs, the quarrels, and 'the April showers of me-
trimoly ; and it had Leon urged that, notwithstanding
those cloud:, and gleamacif sunshine, they would have been
happy, and lived the eery Darby and ,lean of married life,
if it had not been for the defendant; yet of any iuterfer-
ference on his part previous to this letter, there was not a
shadow of evidence. The letter contained a history of
itself,—it told the cause of its origin, it was written pru-
dently in cenfidenee, bet was entirely destitete of that
coldness and malignity ascribed to it by his Learned
Friend. The defendant had not attempted to justify it,
because he could uot,—there was the expression of " the
most varied and ingenious brutality." If the plaintiff had
not exercised every torture,—if he had not tarred and
feathered his -e:ife,—the justification would have been in-
I complete.—(A laugh.)—if ever there was a case lit for
nominal damagee,—damages which could be paid with the
smallest coin of the realm,—this was the case. The costs
would be quite enough for his unfortunate client, and lie
(Mr. Bather) could not but tremble for his pocket when he
looked rcuud arid saw the f2arf4l array of learned wivs
against him.—(Laughter.)- There Was Mr. 1:.,-!arnpbell.le
silk gown, the black patch of Sergeant Peale; and the
modest merit of Mr. Meeson—(a laugh)—all to cause out
' of the pocket or bli c!it,nt.
Verdict for the plaintiff—Dimiges one farthing.
lo,i;n Evans was indicted, charged with having, on tlte
20th -of Vebruary lasi., al; Bisl4op's Cattle, in this county,
inalichingly shot E.lwird 'Richards, with intent to kill him.
- Mr. Sergeant Russir.i. said the prisoner 1;4 been
I millers residing in lieiefordabire, and some time pi-eirious

to November last, be took up his abode at an inn at
Bishop's Castle, where he remained till the following
month (December), when he was apprehended on some
charge, and lodged in Hereford gaol. From that place he
succeeded in escaping, and in February returned to the inn
at Bishop's Cistle in disguise. It would appear by the
evidence, that he was immediately recognised, first by a
child ; and observing that be bad become an object of at-
tention, he made some excuse to go into the yard. The
prosecutor (Richard•), who was unfortunately present, and
had with other persons recognised the prisoner, followed
him for the purpose of watching him, and was almost in-
stantly shot lay the prisoner.
Edward Richards, the prosecutor, looking extremely ill
and weak, was now with difficulty supported into court.
He stated his having been at the Boar's Head on the even-
ing of the 20th of February last, and seeing the prisoner
there. On asking the prisoner whether his name was the
same now as when he was last at Bishop's Castle, he said
it was, and immediately added, he wanted to go out. Wit-
ness said he would go with him. The prisoner then got
up and went out, witness following, but not taking hold
of bins; when the prisoner had got about half-way across
the yard, he stood still and took up his frock ; witness then
passed him about two or three yard., and asked him if he
was coming on ; the prisoner made no reply, but instantly
shot him.

The Jury, after a short consultation, found the prisoner
Guilty—Death.
The prisoner is a remarkably powerful man, and very
good-looking; his demeanour remained unchanged during
the whole of the trial. Most extraordinary idolise are
afloat of his daring rapacity and success in robberies, to a
very considerable extent.

LANCASTER, ALLacH 19.
REX V. HYDE.

Mr. HALL opened the pleadings. This was an indict-
ment charging the defendant with an assault upon Fanny

Fisher.

Fanny Fisher, the prosecutrix, was then called. She
is a pretty-looking woman. When she entered the box
she was much agitated, and during the whole of her exa-
mination appeared painfully distressed. She stated, I live
in Scotland-row, Liverpool. My husband is a sail-maker.
I carry on the business of a dress-maker. On the after-
noon of the 4th of November last, I heard a knock at the
door. I went and opened it. Mr. Hyde, the defendant,
a surveyor of assessed taxes at Liverpool, was there. He
had a book in his hand. He came into the lobby and
then went into the parlour. He took hold of my hand,
and asked me how long I had been married? I told hint
six or seven months. I withdrew my hand, and turned
away. He tried to look in my face, and said, " Yes, yes,
you know what I mean—how do you like it." He
then asked what rent we paid. I told him 19/. or
guineas ; I did not know which. I said I would
call the servant to get the receipts to show him,
but he said, " Never mind, 1 will take your word."—
He said I should get rich in time. When I told him that
such gentlemen as he prevented our getting rich, he said
that it was in his power to make us rich. When he took
hold of my hand he said, " Take care that you have no
little stockings to knit. I suppose you and your hus-
band—" (making a very indecent allusion). I tried to
get my hand away. He then went through the kitchen
up stairs. In the lobby he said to me, " Come, give nee
a kiss." I said I should do nothing of the kind, and would
infirm Mr. Fisher. He said nothing, but put his arm
round my neck, and took a kiss. He then said, " Come,
now, give me another kiss." I said 1 would not, and
asked him what he thought Mr. Fisher would say. He
said, " Fisher will never know ; there is no harm in it.
You don't know what a fancy you've raised. 1 don't see
such a nice little woman every day." He then pressed
me towards him and took another kiss. I got away with
difficulty, and went along the lobby to the door, which I
opened in order to let him out. He put the door to with
one hand, and with the other took hold of my hand, and
—(Witness here spoke to an incident of a very indecent
nature.)—l said 1 would tell Mr. Fisher. He said, "By
Heavens you must not. You are not yet experienced in these
things ; wives do not tell their husbands every thing."
He then went away." In about ten minutes there was
another knock at the door, and I went and opened it. The
defendant was there. He came in and said he understood
we had a dog, and he had not put it down. He then took
my hand, and—( Witness here detailed the particulars
of a very disgusting assault.)—My husband came home
at half-past six, and I immediately told him what had
passed.
The servant of the prosecutrix and her sister slightly
confirmed a part of the prosecutrix's testimony.
Mr. ALDERSOY addressed the Jury at great length for
the defendant, after which Mr. Baron HULLOCK summed
up the cage, and the Jury found the defendant Guilty.

FRIDAY, MARCH 20.

James Cliffe, aged 29, stood indicted for the wilful
murder of his wife, Catherine Cliffe, at Manchester.
Thomas Trimperly said—l keep the King's Arms,
George-row, Manchester. On the evening of the 2d of
January the prisoner came to my house, with about ten
more. They asked for a room to themselves, and I showed
them to the club-room. They had eight pots of beer.—
Cliffe's wife came there about twenty minutes before ten
o'clock. I showed her into the room. They came to
the bar and asked me for a new year's gift. Cliffe was
about half drunk. They left about 20 suinutes after 10
o'clock. I gave the deceased a light ; she went away, and
returned in about 10 minutes, and asked again for a light,
and said " Oh, dear ! what a man my husband is !" She
appeared greatly agitated.
Henry Riumier said-1 went to the King's Arms
public-house, on the 2d of January, about nine o'clock in
the evening. I left a little after Cliffe. His wife went out
with him. I asked if I might ride his horse ;he said he
must, and we both got on together. A man in company
said to Cliffe, if he would get off and go home with his
wife, he would treat him with a glass. He gut off, and
went into the King's Arms. I rode the horse backward
and forward. It was rather frightened. Cliffe's wife asked
me to ride it away, and not to let Cliffe get on any more.
I was told that Cliffe had walked on. I followed. I rode

up, and first saw the tvatchman taking Cliffe from his wife.
She was at the side of him ; I cannot say whether she wae'
standing up or not. I heard her shriek. It must have
come from her, as I saw him kick her several times. She
was standing up when I first saw him kick her. He kicked

her about the back. 1 heard the prisoner say, when the
watchman separated him from his wife, and threatened to
take him away. " thee, thou devil, I'll pay thee
before morning ; thou think'st thou Last got off; I'll have
thy life before morning." Cliffe knew what he was doing.
Some one took the horse away, and I saw no more.
Mr. W. Chalk—l am a surgeon at Manchester. I was
called on to see the deceased. I saw her between 11 and
12 on the night of the 2d of January. She was in bed,
partly dressed. She we, in a state of insensibility. There
were blows and marks of violence on her head. I cannot
say how they were inflicted. Kicks to the extent she
received would alone havo been likely to cense death. I
cannot say that any of the wounds were occasioned by a
fall.

The Jury, after a few minutes' deliberation, found the
prisoner guilty of the murder.
Mr. Justice Baxter then passed the awful sentence of
death on the prisoner, whom he ordered to be executed on
Monday next.
• The prisoner burst into tears, and was removed frem
the bar.
Charles Tranor was indicted for the wilful murder of
William Madder, at Manchester.
The Jury found the prisoner guilty of manslaughter.
His Loicosuir then sentenced the prisoner to be trans-
ported_fer life.

THE LEEDS PRO-CATHOLIC AND ANTI-
CA•motic PETITIONS. —On Saturday evening last, the
petitions from the borough of Leeds, to the two Houses of
Pas liament, in favour of the Bill now before Parliament,
for the settlement of the Catholic Question, bearing the
signatures of 15,900 of the inhabitants, were transmitted
to Earl FiTzwitr.rasr for presentation to the Liouse of
Lords, and to Lord MILTON for presentation to the House
of Commons. .And on Tuesday last the petition from the
township or Leeds aya:nsf the Hill for the settlement of
the Catholic Question, signed by 9,800 inhabitants, was
transmitted to the Earl of HAREWOOD and to Mr. DUN-
COMM A more decisive manifestation of the preponde-
rance of public opinion in favour of liberal principles in this
great and enlightened community it is scarcely possible to
imagine, the 15,900 signatures having been obtained in
little snore than two days, while the 0,899 names were not
obtained in less than nearly twice that time. It is true
that the liberal petaton was called the petition of the
Borough of Leeds, and the illiberal one that of the Town -
ship, Cot the time allowed for obtaining the signatures was
so short that there was Ito opportunity for any systematic
plan of circulating the liberal petition through the out-
townships, and all the signatures to that petition, with
the exception of about 2,000, were affixed in the town of
Leeds—making the majority of the friends to Catholic
Emancipation something more than 14 to 10, and putting
out of the consideration the important fact that twice the
time was occnpied in, obtaining the entailer number than
vas ricitiired.to obtain tbe larger..4eedi 2(erci4)*..