The Sun.
London, England, 1829-05-01 00:00:00

BANKS OF THE TRENT.
STAPENHILL AND BURTON-UPON-TRENT.

•
Capital Freehold Messuage or Mansion-house, Fishery,
compact Farm, and ether Lands Tithe-free, and several
Dwelling-houses.
TO BE SOLD BY AUCTION,
By Mr. TILLERTON,
At the Roebuck Inn, Burton-upon-Trent, Staffordshire,
on MONDAY, the Ist day of June, 1829, at Three

o'clock in the Afternoon, in several Lots, and subject to

such Conditions as shell be produced at the time at Sale,
AFine old substantially brick-built IVIES-
SIJAQE or MANSION-HOUSE, most delight-
fully situated on the Banks of River Trent, in the Vil-
lage of Stapenhill, and within that part of the Parish of
Burton-npon-Trent which lies within the County of Derby,
with the Offices, Coach-house, Stables, Dovecote, Yard-,
Fish-stews, walled Gardens, Pleasure Grounds, Orchards,
Plantations, and Appurtenances thereto adjoining and be-
longing, as late in the occupation of Wm. Daniel, Esq.
Also a compact and very valuable FARM (now occupied by
Mr. W. Adams as yearly tenant), and several Closes of rich
Meadow and old Pasture Land, and also several Dwelling-
houses and Cottages, a Butcher's and a Wheelwright's
Shop, and other Hereditaments situate in Stapenhill afore.
said, and containing altogether shout 170 Acres.• Also
FOUR FREEHOLD MESSUAGES or TENEMENTS
in New-street, Burton-upon-Trent aforesaid, with the
(isrtims, Sic. thereto belonging, now in the occupations
pf charley pyche, John Bridges, Abel Allen, and John
Amor'. A Piece of Land on the Goose Moore, occupied
by Mr. Sanders as a Gerden,and containing 18 Perches;
and several pews in the Parish. Churches of Stapenhill
and Burton-upon-Trent aroresaid.
The Mansion-house commands a beautiful prospect, and
consists of a handsome entrance-hall 21 feet by 18,
dining-room 21 feet by 19, drawing-room 21 feet by 19,
IN:(-41/46-0-rOoU and study, nine best bed-rooms and dress-
ing-rooms, suitable servante-rooms, good cellaring, and
every requisite domestic apartment.
The Gardens awl Pleasure Grounds, containing with
the site of tke House, &c. Sa. sa. 85g. are tastefully
laid put, and slope down to the edge of the River, which
abounds with fish, and the. whole forms a most desirable
residence for a family of the first respectability.
The Land consists chiefly of Old Turf, of the first qua-
lity, and is in a high state of cultivation. The whole of
the property is freehold of inheritance and exonerated
from Land Tax, and the property at Stapenhill is Tithe
free.

The pleasant and healthy village of Stapenhill is situate
one mile from Button-upon-Trerit„ twelve from 1116 Y,
,coirl,q,n from Via-4'lod, five from the Aiona Baths, and
nine from Ashhy de la Zouch, and is within the celehrated
111mts.of Lord Anson and Mr. Maynell.
' To view the premises apply to the Auctioneer in Bur--
ton-upon-Trent, or to Mr. Granger at the Punch Bowl,
iu Stapenhill. •

• Descriptive particulars may be had from the Auctioneer
Also a.% the George Hotel, Litchfield ; Head, Derby ;
Three CroWns, Leicester; Hastings Hotel, Ashby de la
2outh; arid at-the office•of Sir- J. D. Fowler, in Burton;
upon-Trent, where a plan way be been.,

" Kate was a domestic slave, and is stated to
have been guilty of theft; she is also accused of dis-
obedience, in refusing to mend her clothes and do
her work, and•this was the more immediate cause of
her punishment. On the 22d of July, 1826, she
was confined in the stocks, and she was not released
till the Bth of August following, being a period of
seventeen days. The stocks were so constructed,
that she could not sit up and lie down at pleasure,
and she remained in them ❑ight and day. During
this period she was flogged repeatedly, one of the
overseers thinks about six times, and red pepper
was rubbed upon her eyes to prevent her sleeping.
Tasks were given her which, in the opinion of the
same overseer, she was incapable of performing;
sometimes because they were beyond her powers,
ut other times because she could not see to do them
on account of the pepper having been rubbed on
her eyes : and she was flogged for failing to accom-
plish these tasks. A violent distemper had been
prevalent on the plantation during the summer. It
is in evidence, that on one of the days of Kate's
confinement she complained of fever, and that one
of the floggingi which she received was the day after
she had made this complaint. When she was taken
out of the stocks she appeared to be cramped, and
:was then again
,flogged. The very day of her re-
lease she was sent to ;field-labour (though hereto-
fore -alsouse servant), and on the evening of the
:third day ensuing, was brought before her owners
as being ill and refusing to work, and she then com-
plained of having had fever. They were of opinion
that she had cone then, but gave directions to the
driver if she should be ill to bring her to them
for medicines in the morning. The driver took
her to the negro-house, and again flogged her ;
though, this time, apparently, without orders from
her owners to do so. In the morning, at seven
o'clock, she was taken to work in the field, where
she died at noon.

" The facts of the case are, thus far, incontro-
vertibly established ; and I deeply lament, that,
heinous as the offences are which this narrative
exhibits, I can discover no material palliation of
them amongst the other circumstances detailed in
the evidence.

" Margaret Murray, the first witness, states that
she passed the day of the 23d of July with Mr.
and Mrs. Moss; she understood from Mrs. Mess
that Kate had been put in the stocks and flogged
on the preceding day, anti in the, course of this
day (the 23(1), she heard Mr. and Mrs. Moss three
several times give orders for having her punished,
and she heard her cry out three several times, as
it she had had three distinct floggings.' She states
that the directions to flog were given to Mr. Spen-
cer (Mr. Moss's nephew and overseer), and that
she heard Spencer say, on the third order being
given to flog, Good God ! uncle, what ! flog
again ?' and that Mr. Moss insisted on his order
being obeyed.' She adds, that two other slaves
(whom she names) were confined in the same build-
ing, and flogged at the same time.
" Now, from the evidence given by the other
witnesses, there can be little doubt that this witness
was mistaken in assigning the date of the 23d of
July to the circumstances which she relates, and
that these circumstances belong to the date of the
28th of May, when, also, she was present, and when
much of what she states is also stated by the over-
seer, Spencer, to have taken place. These citcum-
stances do not appear, therefore, to form any part of
the offence upon which the indictment was founded.
But they are, nevertheless, such 'circumstances as 1
cannot but bear in mind, when I come to consider
the weight due to the evidence in favour of the cha-
racter of the parties for humanity.
" Delaney, the second witness, is one of the over-
seers on the plantation, and one of those who were
employed in the infliction of the punishments,. He
states, in his cross-examination, that Kate was not
very severely flogged.' He had stated, however, ill
a former part of the same examination, that when
he saw her flogged, she, appeared to feel it very
much.' He states further, that he cannot say,
whether any of the pepper got into her eyes;'
whereas he had previously deposed that he thought
she could not see to do either of her tasks after her
eyes were peppered.'
" It is to be remarked, with respect to the seve-
rity of the flogging, that this witness has stated, that
the under driver, who flogged Kate when taken out
of the stocks, desisted at the entreaty of a mail
named John Wylly ;' he does not know whether
John Wylly interfered in consequence of the girl's
debilitated state or not ;'—but it does not appear
that there was any motive, except a sense of the
cruelty with which 'she was treated, which could
have induced him to interfere.

Spencer, the third witness, is a nephew of Mr.
Moss, and also an overseer on the plantation. Mr.
Forbes, the Magistrate, before whom the examina-
tions were taken which led to the committal of the
mcm'se4, has deposed that he had some difficulty in
getting Spencer to give his evidence, having told
him, that if he would not answer the questions he
put, he should be obliged to send him to t.:e Attor-
ney-Generul. This circumstance, and the relation-
ship between Spencer and Moss; detract in some
degree from the* value of Spencer's evidence on
sosn' e points, althonitl.percetve" no reason to im-
pute to,him a,ty intentional Want of veracity. Spell-
cer corroborates Delancy's statement in all the more
material circumstances, - but there are some varia-
tions, and something is added by Speneet. He

" These being the principal witnesses for the
prosecution, those for the defence are eleven in
number. Only one of them, Mrs. Frere, the mother
of Mrs. Moss, has any thing to depose upon the par-
ticular case. Her evidence is mot material, and in
no respect impugns the evidence for the prosecu-
tion. Another, J. Hepburn, deposes that he never
saw so mild an instrument of correction as the whip
which was produced in Court, being Mt which
had been used in flogging Kate. The others appear
to have been called to depose to the conduct and
character of the Mosses ; though one of them, A.
Farquharson, says, that be knows nothing respecting
G. Hasty says, that their Negrees were 'well
`clothed and fed; and appeared to be cheerful.
J. Scavella testifies to their care and good treatment
of their Negroes in sickness, and says he never saw
any one treat their Negroes so well as Mr. Moss;
but, on his cross-examination, he acknowledges him-
self to be under great obligations to Mr. Moss. L.
Selig, Eliza Campbell, Captain Finger, A. Demayne,
and J. Harris, all speak strongly to the character of
Mr. and Mrs. Moss for humanity, and there does not
appear to be anything which would render these
exceptionable witnesses.
" Murray G. Farquharson, after, having deposed
that Mr. and Mrs. Moss are considered far from
being severe to their slaves;' and that he never
knew any severity of Mr. Moss,' is tross-exaMined,
and states as follows Witness has always enter-
tained the same favourable opinion of Mr. Moss,
,has always expressed himself so. [Upon the At-
torney-General here asking the witness if he him-
self had not, on a former occasion, come to his (the
Attorney-General's office) to complain of Mr. Moss's
barbarity, and called him ' a Tartar,' the witness
first pretended tot to understand the question, and
Illen-efused to answer it ; the Attorney-General
not thinking. it necessary to insist on the answer,
the witness was allowed to depart from the box.]
" In addition to the testimony to charaCter, given
at the trial, I have the petition which was presented
to you by several inhabitants of the colony, of whose
respectabilityyou assure me ; and your own de-
spatches 18th of May and 3d July. The ob-
ject
former despatch was to prevent the im-
pression, i
)f the
h the unfortunate Henry and Helen
othat
tahte,
Moss are to be looked upon as wilful acmssaries to
the death of the girl, and you add, that they are
rather to be pitied for the untoward melancholy oc-
currence which has taken place. In the latter you
write as follows I had the honour to inform you,
that I had every reason to think that the case-of
cruelty towards Kate, from Mr. and Mrs. Moss, was
not iii accordance with their general treatment of
their Negroes, but an especial exception, which
would appear to have resulted from a persevering
obstinate disposition on the part of the slave, Kate,
and an equal determination on the part of her
owners to carry their authority into effect. The
provocation begot the cruelty; and while I trust I
am not disposed to uphold the failing of giving way
to passion, I yet think that I may venture to say,
that we need not resort to slavery, or go far out of
the tract of common life, to discover many instances
where the obstinate perseverance in wrong doing,
will draw from passion, or perhaps the necessity to
overcome such disposition, severer methods of
punishment than ever would have been thought of
for the original offence.'
" On these representations I have in the first
place, to assure you, that I am equally ready With
yourself to acquit the convicts of having been wil-
fully accessary to the death of their 'slave. The re-
spect viCsieh I owe to the judgment of the Grind
Jury, who ignored the indictment for murder, would
have made me extremely unwilling to come to any
other conclusion,- neither do I find anything in the
evidence which could lead me to differ from the
Grand Jury.
" With respect to considerations of character, I
must observe, that if the present offence be fully
proved, and the sentence no more than' duly pro
portioned to it, the circumstances' of the -former life
of the delinquents having .been free froM 'offence,
even if that were unquestionable, Wonld-nOf justify
the remittal of any part of a punishment which is due
to this offence singly. Had the evidence to their
guilt admitted of doubt, I should have been most so-
licitous to give every weight to 'the evidence for
character, as rendering it extremely improbable that
persons of such character should fictye Wen guilty of
such offences; but the offences Willi proven facts,
eci character being always open to some
doubt, I cannot but perceive that the improbability
which is raised is that persons guilty of such of-
fences should have really deserved so very high a
character for respectability arid hinnanity, as that to
which some of the witnesses have testified, '

•• •••• • •••••,•••••-•.-
" With respect to th.t. provocation which led to