The Sun.
London, England, 1845-07-31 00:00:00

THE SUN, LONDON, THURSDAY
_EVENING, JULY 31, 1845.

that the expenses had been incurred in the ordinary course of
conveyanee from one part of the diocese to another. If :hey
made mere pleasure excursions, of course the expense would be
defrayed, not out of the public, but their own private resources.
.litl.these cases, however, he could assure the House the charges
were purely incurred in their official capacity, and were not
intended to defray the expenses of any private gratification.
Captain PECHELL said that he did not understand why
the bishops or ambassadors should charge any of these ex-
penses, because they were supplied with a very first-rate table,
and, therefore, he thought that the opposition of the Hon.
Member for Coventry to the vote was exceedingly well founded.
He observed in the estimates that the sum of 931. was charged
for the protection of the Queen of Tahiti on board the Cor-
morant. He did not object to that sum, tor he thought it
very moderate. But he wished to know from whom that Queen
was protected? Cries of " Oh, oh.")
Sir G. COCKBURN—The Gallant Officer must be well
aware that the Queen of Tahiti was afforded protection from
the French.
Mr. SHELL objected to the vote proposed for payment to a
Mr. Ross, a reporter in the pay of a Londen morning paper.
That gentleman had been also employed by the Government
as a witness against Mr. O'Connell, and the other gentlemen
who were prosecuted by the State in Ireland. He did not think
that this vote should be taken, as that gentleman represented
himself before the trial as still employed by the paper which he
had originally represented.
Sir J. GRAHAM said that, knowing that Mr. Ross had
been engaged in his official character at several of the meetings
held in Ireland, and that he had taken notes of certain speeches
there, he (Sir James Graham) had directed him to be en-
gaged as a witness on these trials.
Colonel SIBTHORP objected to the item included in this
vote for defraying the expenses of the Commission for Digesting
the Statutes of Criminal Law, an item and statutes which he
considered very hard indeed to be digested.—( Laughter. )
After a few words from Mr. Hindley, Sir C. Napier, and the
Chancellor of the Exchequer, the House divided, when there
appeared—
For the amendment
Against it
Majority for the vote
On our re-admission to the gallery, we found
Mr. CORRY on his legs, stating the improvements and
alterations which he proposed in the classification and pay of
captains in the navy. It was proposed to create a retired list of
300 captains of the age of sixty-five years and upwards, or
in case any of that age preferred remaining on the active
list, to select such under it, as from infirmity er otherwise,
were deemed worthy of being placed on this list. After this
list had been made up, be proposed that vacancies should not
be supplied until it had been reduced to 100, when it should
be made up in the same manner by those willing to accept
the retirement. By this arrangement the number of captains
would be reduced from 714 to 400, and the 14s. 6d. list be re-
duced to 55., while the others would be proportionably
decreased. The system had been introduced with
the best intentions and wishes of the Government, and he
believed it would be generally acceptable to the profession.
Capt. PECHELL said that with regard to the class of lieu-
tenants and commanders, to which his Hon. Friend had alluded,
they were classes which did not rise by seniority, and he would
be ready to concur in any plan which would furnish them with
more active employment. It was necessary that those data
should be adopted for the regulation of the service. He had
on a great many occasions differed from his Honourable Friend
opposite, but then he thought that the objections which had
been urged might be removed.
Sir C. NAPIER said that he must support the claims of
those who had spent their lives in the service of their country.
It appeared to him that the claims of these retired officers were
well founded, and that the Goverment could not possibly re-
sist them. The allowance exceeded his (Sir C. Napier s)
most sanguine expectations.
Admiral DUNDAS said, that in his opinion, the benefits of
this vote should not be confined to captains merely. There
were many admirals on the one hand, and commanders on the
other, who were equally entitled to its advantages.
Sir G. COCKBURN defended the vote. Let the House
give it a fair trial, and if it did not meet with the sanction of
all classes in the navy, and was found to be inefficient in working,
then it would be still in the power of the Admiralty to alter
and amend it.
Sir R. PEEL said that there were cases in which an in-
crease of expenditure was the preferable economy, and he
thought that the retirement of 300 officers would be of this
character. He was quite aware that this was an important
vote, and that it would in some cases be liable to objection. In
some instances he should reserve the power of appointing those
retiring captains to the rank of admirals, but this power would
only be exercised in the case of men distinguished by their abi-
lities and services, whose services it was desirable should not be
lost to the country.
Mr. S. HERBERT said that the effect of the measure, so
far from precluding, would double the chance of promotion
both to the admirals and captains.
The vote was then agreed to.
The CHAIRMAN then reported progress and the House re-
sumed, and immediately after went into Committee of Ways
and Means, when several votes were agreed to, and the House
again resumed.
Mr. GREENE brought up the report of the Valuation (Ire-
land) Bill, which was, after a few words from Sir R. FERGU-
SON, received.
THE REAL PROPERTY (IRELAND) BILL.
The report on this Bill was received, and the Bill was ordered
to be read a third time this day.
• THE ASSIGNMENT OF TERMS BILL.
This Bill was read a third time and passed.
NAVAL MEDICAL SUPPLEMENTAL BILL.
The House then went into Committee on the above Bill,
and the clauses having been passed, the report was ordered to
be brought up to-morrow.
WASTE LANDS (AUSTRALIA) BILL.
On the order of the day for the second reading of the Waste
Lands (Australia) Bill,
Mr. C. BULLER objected to any attempt to smuggle the
Bill through the House at that late hour. He could assure
the House and the Government that it would be tenaciously
and vigorously opposed in every stage, and that there were
many interests opposed to the passing of the measure.
After a few words from Mr. HAWES,
Mr. AGLIONBY moved that the Bill be read that day six
months.
Sir JAMES GRAHAM said that if any opposition were
offered to the question that night he should be glad to postpone
it till to-morrow.
The gallery was, however, cleared, when the numbers were—
For the amendment
Against it
Majority —23
Mr. WARBURTON then moved the adjournment of the
debate till Monday week.
The gallery was again cleared for a division, but after some
time strangers were admitted, none taking place.
After a desultory discussion, in which Mr. flawes, Mr.
Scott, and another Hen. Member took part, the gallery was a
second time cleared on Mr. Warburton's motion.
On our admission to the gallery, it appeared that no division
had taken place, but an arrangement had been entered into for
abandoning all the Bill except that part referring to Van
Dieman's Land, the discussion of which was adjourned till
this day.
The Apprehension of Offenders Bill was read a third time
and passed.
The Municipal Districts Bill was also read a third time and
passel.
The Leeds and Bradford Railway (Shipley to Coins) Mis-
take Rectifying Bill was read a second time and ordered to be
committed this day.
The Fees (Criminal Proceedings) Bill went through Com-
mittee.

68
-57

A.SSIZE INTELLIGENCE.
AU ME ell?CUI T.— Loins, Jay 30.

CROWN COURT—(Before Lord CleiefJ astiec TINDL.L
John Swinard, 23, was indicted for buglariete:ly and
sacrileeiously breaking into a certain chapel, celled St.
Leonard's Chapel, in the borough. of Hastings, and steal-
ing therefrom a quart of wine, some silver monies, and
other articles, the property of the ltev. Charles William
Leslie.
The prisoner pleaded guilty on Thursday to the charge
and the circumstances of the case appear to be of a most
extraordinary character.
It appeared that on the 21st March, in the present
year, a lady of colour, the wife of a gentleman of fortune
residing at Hastings, was interred in a vault under some
pews on the east side of the chapel in question, and it
seems that a rumour had got abroad that a quantity of
valuable jewels and other costly articles had been
buried in her coffin. The chapel was left safely secured
on the night of the 24th March, but on the sexton going
the next morning a most extraordinary scene pre-
sented itself. The hassocks that were in the chapel had
been pulled to pieces, the coverings and cushions had
been torn off the pews, and the vault in which the body
had been deposited was feued to have been forcibly opened.
Upon going into the vault it was found that the
lids of the leaden and wooden coffin had been
wrenched off rind broken to pieces. The body had
been lifted up, and a pillow placed over the face of the
corpse. Tbe clothes were pulled up and turned over the
middle, and the person of the deceased exposed. The
remainder of the appearances that were observed are not
of a nature to be detailed, and it will be sufficient to
state that the conduct of the depredators appeared to
have been of a most disgusting character. The head-
dress of the deceased, which was a shawl, edged with
lace, was torn from her, and rent in pieces, and was
found lying outside the vault. The prisoner Swinard, it
would appear, was taken into custody with one or two
other persons shortly afterwards, and when before the
magistrates he made a statement admitting that he
and another person who was committed with him for
trial, were guilty of the offence. The Grand Jury,
however, as there was no evidence to corroborate his
testimony, ignored the bill against the other prisoner,
and Swinard was therefore the only person charged.
From his confession it appeared that he had heard that
the " black lady" was buried in her jewels, anti a silver
crown and watch, and all the jewels she had got ; and on
the Sunday before the chapel was broken open, he saw
the other prisoner, and they talked about this matter, and
eventually agreed to try if they could not break open the
lady's coffin, and steal the valuables they expected to
find there, and they made arrangements for that pur-
pose ; and en the
night the robbery was committed
they proceeded to the chapel, taking with them a pick-
axe and two crow-bars. They got to the chapel about
twelve o'clock at night, and having clambered over
the wall, they proceeded to the side door, and after
soma trouble they succeeded in forcing it open, arid
made their way into the chapel. They first pulled down
the boxes that were fastened against the walls to
receive contributions from the congregation, and took
out the money that was in them and divided it, and
then went to look for the grave of the black lady. They
pulled tip the boards under several pews, but for some
time they were unable to discover the vault, but at
length, seeing some new nails, it gave them a clue to the
spot, and they forced up the entracte into the vault and
jumped in. Before this they had lighted a candle they
found in the chapel, with some lucifers they had brought
with them ; and by the aid of its light they searched
about for the coffin, and having found it, they forced off
the wooden lid and the leaden one, and got to the
corpse. They then searched the coffin for valuables, but
did not discover any, and upon this, according to his state-
ment, they were very sorry for what they had done.
The prisoner then described the beastly acts that were
committed in the chapel, and which are alluded to above.
The prisoner, when arraigned, as is before stated,
pleaded Guilty, and
Lord Chief Justice TINDAL sentenced him to be trans-
ported for fourteen years.

NORTHERN CIRCUIT.—Durham, July 29.
CROWN SIDE.—( Before Mr. Baron ROLFE.)
CHARGE or MURDER.—Louis Henry GouM, aged thirty
five, was this morning put to the bar to be tried upon the charge
of having murdered Emma Gould, his wife. The case has
caused great excitement in Durham on account of the esteem
in which the prisoner has been held by many people in
the neighbourhood, and the remarkable circumstances at-
tending the alleged crime, it having, as appeared in the evi-
dence, been induced by suspicions entertained by the husband
of his wife's infidelity. The prisoner held, up to the time of
his imprisonment, a high situation in the county police,
being chief superintendent of that body, over which Major
Wemyss is chief constable.
Mr. Matthews and Mr. Warren conducted the case for the
prosecution; and Mr. Wilkins defended the prisoner.
Mr. MATTHEVVS, in stating the case to the jury, detailed to
them the leading facts, the particulars of which appear in the
following evidence:—
Mary Jane Giles, examined by Mr. WARREN—Is sister-in-
law of the prisoner's late wife. Had lived for five or six
months with the prisoner and his wife as servant. Was
present when the prisoner's wife died, which was on Monday
the 16th of June. On the Tuesday before (the 10th of June)
witness was present, along with prisoner and his wife. It was
about seven o'clock. Prisoner said he could not eat his supper,
which was some cold beef. Witness asked him if he would
have a little ham and an egg. Mrs. Gould said, " Do, dear ;"
to which the prisoner answered to both, " How kind you
are." He sat a few minutes, and then got up and went out
of the house at about half-past seven. He returned again
about nine. As he came back, witness and deceased sat at
the window sewing, when prisoner passed. He appeared to
be in a pet with his wife, and grinned at her. Prisoner
was superintendent of the county police. On returning, he
came into the room where witness and the deceased were
sewing. Ile seemed flurried, but sat down, and then appeared
more cool. Deceased was sitting in such a position as to see
everybody that might come up the street. Prisoner then sat
opposite to the deceased. Prisoner then said to witness,
" Jane, do you think Emma (meaning deceased) innocent ?"
Witness replied, " I do." He said, " Will you take your
oath of that ?" She said she would. Deceased said, " Henry,
do you doubt my virtue? You wound my pride." She
arose then, and there were at that moment two gentlemen
coming up the other side of the street. Deceased said,
" There is Mr Scruten and Mr. Jephson ; I will call them
in, and have this cleared up." Prisoner had often named
Mr. Scruten both to witness and to deceased. He had more
than once told both that deceased and Mr. Scruten
were too familiar. He had laid so about two months be-
fore for the first time. It had frequently been mentioned
during that two months. Deceased proposed to call Mr.
Scruten in, and she was quite calm at the time. Witness said
to her, " Do, Emma, if he's a gentleman, he will speak the
truth;" and witness added that if she did not, she (witness)
would call on Mr. Scruten about it. Deceased then made to-
wards the door. Prisoner stood before her, and said, " Don't."
She answered, " I will." He again said " Don't," and de-
ceased replied, "I will, Henry, you know I am firm." De-
ceased went to the door, which was ajar, and went into the pas-
sage, and towards the street.door. He slid not hold her, but
followed her close: He put his right hand behind him, pulled
a pistol out of his pocket, and said, " If you will, take that
then," and fired it at her. She held up her arm, exclaiming,
"Oh God, Henry." She was hit, and said. "Oh God, I'm
shot." She opened the street-door, and ran across the street.
Prisoner followed her as quick as he could, pulled out another
pistol, took an aim, and fired it at her. He appeared to fire it
directly at his wife. Deceased was not struck by that, and ran
into a passage en the opposite side of the street. The pri-
soner immediately ran up the street, towards Mr. Jephson
and Mr. Scruten, who were at a short distance. Witness
saw prisoner fall, with one of these gentlemen. Can't tell
which of them. They appeared to be struggling together.
Followed deceased, and found her in the kitchen of a Mrs. Bur-
linson, who lives opposite. She went up stairs, and her arm
was bleeding very much, then returned to her own house,
where she desired to be attended by Mr. Green, the surgeon.
He not being in the way, she was attended by Mr. Jephson.
Witness knows that prisoner and deceased were on unhappy
terms. It was occasioned by his being jealous of her. The day
before he shot at her, she was making some calico drawers, and
she said to witness, " Put these away, Jane." The prisoner
was present, and said, " I've as many now as ever I shell live
to want." Somebody had mentioned that a raven had been
seen near. Both prisoner and his wife said they had seen it,
and deceased remarked that it was a bad omen. Prisoner had
been taken ill at about two o'clock on the morning of the 10th.
Decased called witness up in consequence. He seemed like a
man in a fit. Witness went for 11r. Stoker, Mr. Green's as-
sistant, and prisoner had some wine, and be got better. Never
saw him in that way before. He lay still and turned his eyes
up. At about three on the same morning, while deceased and
prisoner were both in bed, he said to her, " Emma, con-
fess—confess all you know." She said she had nothing to
confess. He said, " I've a dagger in my heart, either take
it out or push it further in." He said. " I've been a villain
to vou ; what would your dead father and mother say if they
were to know that I had driven you to do wrong ?" She said,
" I have not done wrong, Henry. I have neither disgraced
myself nor my family." They were talking a long while in the
same strain. She appeared agitated at his not allowing her to
sleep, and said if he would not allow her to sleep she would go
to another bed. At breakfast he appeared very much better,
and in his usual spirits. He went out shopping with his wife
aftera ards. In the evening, between five and six, they talked
of going to walk on " the Slopes," which are the walks on
the side of the river. They all went walking there, witness,
with her little boy, having gone there before, and waited for
them. Prisoner was then in good spirits. All that witness
noticed particular about him was that, as they were returning,
he stopped back, and looked about the banks of the river as if
looking for some one.
Cross-examined by Mr. WILKINS—On the Monday after-
noon, the 9th, the prisoner complained of being ill ; several
times begged his wife not to leave him, as he could not bear his
own thoughts. He several times expressed a strong affection
for her. "His wife several times said, " Henry, you act in a
very curious manner, I cannot think you are in your 'senses."
Within the last fortnight he had often complained of his head,
and said, feeling his head, " I have it here." The wife had
advised him to be bled, bat he said he wanted blood. He
danced about the kitchen, on the Monday, in a wild manner,
• and presented a pint pot at witness, and threatened to shoot
her with it. Believes that witness's husband and prisoner are
! interested jointly in some property, and that if the prisoner
i were removed something might come to her husband. Witness
has not been applying for that property.
EdwardCertie Jephsen, examined by 1
10thS
surgeon. Was with Mr. Scruten on the of June. Had
been with hint to the race course, and returned with him, and
they passed the prisoner's house about nine o'clock in the even-
t ing. They had got about fifty yards beyond the house when
witness heard a shot and a scream. He stopped, and then
turned back, and immediately saw a woman, rnkno len to him
1 in appearance, rush out of the house. The prisoner followed,
and fired at her. 'the prisoner then stopped, and rushed, as
witness imagined, upon him (witness) and Mr. Scruten. Wit-
ness made his escape in the best way he could, for the man ap-
peared to be mad, and witness expected to be shot. After run-
ning a short distance witness looked over his shoulder, and
finding he was not pursuing him, stopped, and then saw him
seize Mr. Scruten and throw him on the ground. Prisoner
then got on Mr. Scruten, and sat astride of him, and attacked
him with the muzzle of the pistol. Witness then seized hold
of the prisoner, and assisted Mr. Scruten to make his escape,
and then winaess made his own escape. Prisoner followed Mr.
Scruten through a crowd, ar.d was immediate,y secured. Went
after that to see who might he hurt, and was directed to a
house oepo dte eri-oner's. Helped deceased across the street
home. 'Chen examined her, and found she was wounded in the
left arm There was a circular wound, with ragged edges, and
deep, eel the hone was fractured extensively. Could find no
Jilt is it. Ordered the wound to be wrapped in a wet cloth
1 and to he kept wet and cold. Then left, and returned in about
an hour, and found Mr. Green, another surgeon, tin re. The
wound 'NIS ;or. the fore-arm, between the wrist and elle iiv.
Witness pieked up a pistol in the passage of the prisoner's
The pistol was unloaded arid the cock house.—[Produced it from his pocket; a small pocket pistol.
Was down, with a dis-
charged cap under it,

Cross-examined by Mr. WILKINS—Had 'not the slightest
knowledge of deceased, and knew prisoner only slightly. Con-
siders the lock jaw, or tetanus, to have been the result of the
wound. Has no idea of its being caused by improper treat-
ment. He wrote a note to Mrs. Gould to ask if she desired
his further attendance, because he felt he was rather unceri-
moni,iusly deprived of the patient, and he thought it better to
write than to run the risk of flurrying her by g01.90,:t0 speak
with her about it.
Mr. Stoker, examined by Mr. MATTHxws—ls assistant to
Mr. Green, the surgeon. Attended Mrs. Goule, and was pre-
sent at a post mortem examination of deceased. Her death was
occasioned by tetanus, arising from the wound. There was a
bullet extracted from the wound. Did not see some violets in
an envelope at Mrs. Goule's. Heard her say she had received
some from Mr. Scruten.
William Green, examined by Mr. WARREN—Has been
thirty-three years a practising surgeon in Durham, and has
been the medical attendant of prisoner and his wife. She was
about thirty years of age. Was sent for to her, and went on
the 10th of June, at about half-past ten at night. Found the
wound wrapped up, and a pistol bullet might have produced
t. Visited her up to the time of her death. She went on
satisfactorily, but was in a very nervous and excited state. On
the next Saturday she complained of having caught a cold,
and of a stiffness about her jaws, from which witness appre-
hended tetanus. The next morning, at about ten, found her
in a decided state of tetanus, which, in the case of wounds, is
generally fatal.
Cross-examined by Mr. WATKINS—Has been the regular
attendant of deceased. Recollects the wound received by pri-
soner during the pitmen's strike—a wound on the head, inflicted
by a frightful weapon, a bar of iron. After that had observed a
difference in the prisoner's wanner. He has been in a very
excited state, and has had a wildness in his eyes. A concussion
of the brain induces great irascibility, and sometimes causes
the person hurt to lose all self-control.
Thomas Metcalf, examined by Mr. MATTHEWS—Witness is
a butcher, and lives near the prisoner's house. On the even-
ing of the 10th, he and Sewell, the husband of a former wit-
ness, took the prisoner in the street, just after the shooting.
They took him away to the gaol ; and witness was shortly after
called to return, as it was said that the prisoner had cut his
throat. Witness saw the pocket-book. They found him
bleeding from the left side of the throat. Prisoner said there
was something in the pocket-book which would show what he
had done it for.

Robert Booth, examined by Mr. WARREN—IS a gunsmith
in Durham. Recollects prisoner coming, on a Tuesday in
June, about a pair of pistols. He came into the shop about six
o'clock in the evening. He said on that evening ►hat he had
had notice to be out that night—that he had had notice of some
smugglers, and that they were not goad characters to meet
with. He asked witness to load them for him, which was ac-
cordingly done, and the prisoner received them so loaded. He
was not at all excited, but quite cool. There was a bullet put
in each pistol, as well as powder, and they were capped.
On cross-examination, Mr. Booth gave the prisoner a very
good character in every respect.
Several other witnesses having been examined for the prose-
cution to confirm the evidence already given,
Mr. WILKINS addressed the jury for the prisoner, which he
did in a speech of about an hour and a quarter in duration.
The jury retired for about half-an-hour, and on their return
pronounced a verdict of Not Guilty, finding that the prisoner
was not of sound mind at the time he did the act.

This verdict was received with applause from a very crowded
Court. The prisoner immediately extended his hand to his
counsel, and to other gentlemen of his acquaintance around,
all of whom shook hands with him in congratulation on the
termination of the trial, which lasted from nine in the morn-
ing till near seven in the evening.
Lord Sandys, Commander of the Scotch Greys, in which
regiment the prisoner formerly was • Major Wemyss, chief
constable of the county police ; Colonel Stephenson, and Ralph
T. Pemberton, Esq., a magistrate, were all called to speak to
the prisoner's character, and testified to his having been of
most respectable demeanour, and of a high reputation for hu-
manity and goodness of disposition.

WESTERN CIRCUIT.—Bodmin, July 29.

The Commission for holding the assizes for the county of
Cornwall was opened here on Saturday evening by Mr. Justice
Erle, hut Mr. Baron Platt did not arrive till Sunday evening,
he having been detained at Exeter by the trial of the pirates.
The business, as regards criminals, is rather heavier than usual.
There are charges of murder, arson, and sacrilege, and there are
twenty prisoners for trial. The cause list for this county is
very light, there being only five causes entered, and not one to
be tried by a special jury. On Sunday morning, Mr. Justice
Erie attended Divine service in the church, and on Monday
morning the business commenced—Mr. Justice Erie presiding
in the Crown Court, and Mr. Baron Platt sitting at Nisi Prins.
The eases tried to-day have been of a most trifling descrip-
tion, the only one at all to be noticed is that of
John Pascoe, who was indicted for assaulting, cutting, and
beating John Cock, with intent to disable him, or to do him
some grievous bodily harm.
It appeared that on the night of the 12th of July, Pert, Cock,
and Edwards, who were gamekeeperr in the service of Lady
Bassett, were out on the watch for poachers. About three
o'clock in the morning they heard two guns fired; they then
separated, and went in two different parties in the direction of
the spot whence the reports had proceeded. On their arrival
at a place called Dry-grounds, adjoining her ladyship's park,
they saw the prisoner and a man named Trefoun with guns.
As soon as the poachers saw them they walked towards the
keepers pointing their guns at them. On coming up to them,
finding the keepers did not give way they began beating them
with their guns, and broke one of them upon the breast of one
of the men. Trefoun picked up Pascoe's gun, which he had
dropped, and fired at the keepers but missed them. Pert then
fired his gun at Trefoun's legs, but the shot took effect much
higher, and he was seriously injured. A dead rabbit was found
in the prisoner's pocket.
For the defence it was urged that the men were out
shooting rabbits on the sea shore, and they did not know that
the other men were game-keepers.
The Learned Judge having summed up,
The jury acquitted the prisoner of the felony, but found him
Guilty of a common assault, and he was sentenced to twelve
months' imprisonment with hard labour.

OXFORD Shrewshury, July 29.
CROWN COURT.—(Before Lord DENMAN.)

The following case occupied the Court for many hotirs yes-
terday evening, and excited considerable interest.
Cornelius Evans, aged 26, and Richard Purcell, aged 21,
young men of decent exterior and deportment, and up to this
occasion bearing excellent characters, were placed in the dock,
charged with having,- on the 23d of June last, feloniously made
an assault upon one Ellen Gough, and stolen from her person
a pocket of small value, and with having at the time of such
robbery inflicted blows upon the said Ellen Gough.
The prosecutrix, with some effort, informed the jury that
she was in the e‘nnloy of a firm of dressmakers in Shrews-
bury, that her hours in the shop were from eight o'clock in
the morning till nine o'clock in the evening. That for
some time past she had suffered much from ill health;
that the medical gentleman who attended her had
stated, that it was absolutely necessary she should take
exercise in the open air; that this she had been in the habit
of doing every evening, after work, for some weeks past,
her companion and guardian upon those occasions being her
mother. Upon the day in question, however, it happened,
from some unexplained reason, that on her return home her
mother was absent. She left her father sitting in the house
and proceeded for her walk alone: When just outside the old
walls she observed two men, one in a smoekfreck, the other
dressed in black. One of them appeared intoxicated, and tot-
tered towards the side of the footpath. Feeling alarmed the
turned back in the direction of the town ; the two men fol-
lowed. These men were the prisoners. One of them (Pur-
cell) she had known by sight before; Evans she had never
seen to her knowledge before that day. Purcell caught hold
of her by the shoulder, saying, "We want some money." The
prosecutrix answered, " Indeed, but I have none for you."
Upon which the same prisoner remarked, " Oh, d— you, we
will see," The other prisoner (Evans) then seized hold of her
pocket and tore it from her side. Purcell, too, searched, it but
found nothing. The prosecutrix gave an alarm. Purcell said
to his companion, " D— her, let us kill her ;" to which the
other answered, " No ; she will not know us if she sees us
again." Then Purcell began to take indecent liberties with
her person, and upon resisting struck her a severe blow
with his fist upon the left side of the forehead, which
felled her, without sense or motion, to the earth. After a
lapse of time, she could not say how long, she found herself
alone, cold and stiff, lying upon the path, the torn pocket by
her side. She crept to her father's house, relieved the anxiety
of her parents by her arrival, and then related to them the
cruel usage she had received, described the persons and dresses
of the assailants, and on the day following she observed the
prisoner Purcell, at six o'clock in the morning, in New-street,
nearly opposite her father's door. The other prisoner (Evans)
she subsequently identified.
A great number of witnesses were called to show the pro-
secutrix was mistaken in the identity of the prisoners, and
several respectable people gave them both a good character.
Lord DENMAN summed up, and the jury, after a long con-
sultation, acquitted the prisoners.
His Lordship then disposed of two other trifling cases, which
finished the criminal business at about a quarter past nine.
Mr. Justice PATTESON had previously retired from the Nisi
Prius Court, having brought the civil business to a close at
half-past seven.
The Commission will be opened this evening at Hereford.