The Sun.
London, England, 1827-03-17 00:00:00

LENT ASSIZES.

HOME CIRCUIT'--CHELMSFORD, MARCH 15.
CIVIL SIDE.—ELLIS V. CHAPMAN'.
This was an action for an alleged libel, concerning the plaintiff
in his trade of a baker, published by the defendant in the Kent
and Essex Mercury, on the 14th of March, last year. Plea, the
general issue—not guilty.—The Jury, after a few minutes' delibe-
ration, found their verdict for the plaintiff—Damages 50/.
CROWN SIDE,
Major Luck, a boy of 17, was indicted for wilfully and feloni-
ously setting fire to a barn in the parish of Aythorp Roothing, the
property, and in the occupation of, the churchwardens and over-
seers of the same parish.
The prisoner solemnly declared his innocence.
The case went to the Jury upon the facts proved, and they fond
the prisoner Guilty. Sentence of death was recorded.
The prisoner has been in custody repeatedly.

OXFORD CIRCUIT.—WORCESTER,IIfAacx 15.
CROWN SIDE.
Betty Stinton, aged 70, and Mary Potter, aged 26, were ar-
raigned this morning upon an indictment, and also upon the Co-
roner's Inquisition, for the murder of William Potter, an infant,
aged 11 months, by wilfully administering, on the 26th of last
January, at the parish of Kyre Parva, powdered glass mixed in
sugar to the child, whereby he became sick, and his stomach in-
flamed, by means whereof he languished until the 30th of January,
when he died. They each pleaded " not guilty." The Jury
were immediately sworn.

Mr. Gonsow—Gentlemen, the two prisoners, Betty Stinton
and Mary Potter, Betty Stinton being the mother or Mary Potter,
are charged with the wilful murder of William Potter, the infant
child of Mary Potter. The circumstances are so mysterious, that
I shall not detail the case further than by mentioning dates, times,
and places, so as enable you the mere easily to understand the
evidence. Mary Potter lives in that part of Stokes Bliss, which
is in this county. She is a married woman, not living with her hus-
band. Wm. Potter was her illegitimate child, and shortly after its
birth she put it out to nurse with a person of the name of Vernall ;
she used to go and see the child when at nurse, and you shall
hear her conduct on those occasions, from Mrs. Vernall.—
The child was taken from Mrs. Vernal' to another nurse of
the name of Tyler. The reason of this is material. The
parish officers were spoken to about the child, and by their or.
den it was placed under Mrs. Tyler's care, where it conti-
nued until the mother made application to the officers to have her
child. They consented, and both the prisoners came to Mrs. Ty-
ler's house at Tenbury, and took it away. This is the first time I
shall show the prisoners together. The next we hear of the child
is on Saturday morning—about 11 o'clock Potter took her child
to the supposed father. She then went with it to several cot-
tagers, to ask if it could be put out to nurse; they will be called.
As we are counsel, not against the prisoners, but for the investi-
gation of truth, it is proper to observe, that some of the cottager.
remarked that the belly of the child was hard. Not finding any
nurse, Potter took the child to her mother, Stinton, at Kyre
Parva. She was in bed, but got up, came down, and witness
will tell you what then occurred. From thence, until the next
Tuesday, we have no information ; but Mr. Griffin, the parish
officer, hearing the child was dead, went to Stinton's cottage.—
What was then said is very material, but you shall hear it from
the witness. Ihe minister of the parish thought an inquisition
necessary. Mr. Hebb, a most respectable surgeon, was examined
before the coroner. He gave his opinion then, and he will give
it here to-day—he will produce the stomach and its contents. He
is of opinion that what he found in the stomach were bits of glass.
Glass of itself will not cause death—none of its constituent parts
are poisonous ; but as it is hard and brittle, it will cut and wound
the stomach, and this will cause inflammation, which, if not re-
moved, must ultimately end in death. The questions to decide
are, whether the child did come to its death by unfair means ?
Mr. Baron GAaaow—Mr. Godson, you have opened this case
with great propriety, candour, and good sense.
Mr. Trawnrrr called

William Hebb—l am a surgeon. On Monday, the Ath of
February, I viewed the body of William Potter, lying dead at the
aouse of Betty Stinton, in Kyre Parva. I found no marks of
external injury. I found that the internal coat of the stomach
was inflamed to a very great degree ; that within the stomach
there was about four ounces of a darkish coloured fluid; that in-
terspersed in this fluid was a considerable number of green-coloured
transparent and brittle fragments and particles, which, I have no
doubt, were glass. I have no doubt that the child's death arose
from an inflammation of the internal coat of the stomach.

To a question by Mr. Baron GARROW—The brains being over-
loaded by no means necessarily indicate that there has been poison
in the stomach. In this (handing a small mug) is the glass that
was in the stomach. My opinion is, the contents of that cup is
green glass. I have not submitted it to a microscope.
Mr. Baron GARROW (looking at the mug)—A great part is
glass, but the other parts I should think to be brown sugar.
Mr. Hebb—The sweet taste, I am of opinion, came from sugar,
but I can form no idea of the nature of the sugar.
_ _

Mr. Baron GARROW-From your own experience in visiting
the poor, are not their children often fed with bred crumbled in
water, and sweetened with brown sugar ?

Mr. Baron Ganaow observed, there is a remarkable circum-
stance in this case which distresses me very much. The two pri-
soners were both examined before the Coroner, and one on oath.
This is a difficulty that has for the first time presented itself to me
since I entered Westminster-hall. I have read the depositions
over, again and again, and I am not quite sure my present indis-
position is not owing to my anxiety.
Mr. Gonsow—Both the parties were sworn.
Mr. RUSSELL—Does your lordship think it would be impro-
per to let me look at them now ?
Mr. Baron GARROW—Oh no, 311.. Russell.
The depositions were accordingly handed to Mr. Russell.

Mr. Baron Gaaaow--It shows the ignorance and impropriety
in which depositions are taken. If the depositions present fa-
vourable circumstances for the prisoner, they are not to he shut
out in the moment of inquiry. I dare say you know, gentlemen,
that the food of the infants of the poor who are not fortunate
enough to have the breast, is often bread crumbled iu a little
water, and sweetened with the coarsest brown sugar.
The mug, with its contents, was handed up to the jul y.

Mr. Hebb, cross-examined by Mr. RUSSELL-It died on the
Tuesday, and I saw it on the Monday following. The solid
pieces were bread or potatoes, I cannot say which, and the fluid
was o; a darkish colour. Ido not know of the making of brown
sugar ; I have read hoW the Muscovado sugar is manufactured.
but lam not intimately acquainted with the way. In the West
Indies, I have read, it is made in a very course state.
Mr. Baron Gaanovr—lt undergoes no refinement here.

Mr. Hebb—l think it highly improbable that a glass bottle
should accidentally be broken in a hogshead of sugar.
_ _ _

. _ ~
Mr. Baron Getutow—Do you happen to know that the sugar
passes through a mill ?
Mr. RussEtt..--If a piece of glass had fallen with the eane into
the mill, would it be ground? Suppose a mill cased on iron
rollers, and the glass mixed with the cane is put into the mill,
would such a mill pound the glass as small as the glass we have
seen ?

Mr. Hebb.—Of my own knowledge, I do not know that mag-
nesia has concreted in the stomach to a very alarming degree.
Mr. Baron GARROW—Of my own knowledge, I can tell you
of two cases of concreted magnesia being gathered in the stomach
whence all medicine failed to expel it ; and in one cue, a surgeon,
of geat experience was obliged to saw through the, body and take
a hard substance out of the intestines, which is now in one of the
depositories at Edinburgh.
Mr. Hebb—Powdered glass is no poison, but acts by its me-
chanical force.

Mr. Baron GARROW.-Wrapped up in brown sugar, and when
'the infant has digested that sugar, will not the mechanical force of
the glass operate?
Mr. Hebb.—The action of the glass in the internal body is en-
tirely mechanical, and the paper would pre'rent the mechanical ef-
fect. Monsieur Le Sauvage made four experiments, the lee on

himself, when he swallowed powdered glass, hut this does not in
my mind apply to the present question.
Mr. RussELL.—Did he not swallow fragments of glass of a
line in length (that is, the 12th of an inch?)
Mr. Baron GARROW.-Have you any thing in the mug of the
fourth part of that length?
Mr. Hebb.—Yes, there is. The emaciation of the infant was,
I thi.ik, coming on for some time. I think die glass, produced
that inflammation in the et'nnach, which in my mind caused the
child's death.

Re7exatnined.--These experiments were made on adults.

never heard of such experiments on an infant.
Matthew Pierpoint, surgeon.—The mug, with the contents of
the stomach, was handed to the 'witness. It appears to me glass
and sugar mixed. I think I have separated the sugar from the
glass. In my judgment there are some hundreds of pieces of
glass. lam fearful such a quantity of pounded glass would lead
to a train of circumstances that would produce death. It is well
ascertained that powdered glass acts only mechanically.
Question.—How large a quantity of glass would produce in-
flammation and death?

Witness.—That is a very difficult question for me to answer.
Inflammation, not relieved, produces death. In my opinion that
quantity of glass would produce death ; but I wish to speak very
guardedly. Glass would be more likely not to produce mischief
if taken on a full stomach.

Mr. Baron GARROW.—Can you come to a satisfactory conclu-
sion : does it necessarily follow that death was occasioned by the
glass?

Witness.—Not necessarily, but highly probable.
Mr. Baron GARROW.—Have you any evidence, Mr. Godson,
that brings these prisoners connected with pounded glass ?

There was a search made

Mr. Godson.—Not the least tittle.
for pounded glass, but none was found.
Mr. Baron GARROW addressed the Jury—We have had the
evidence of two most respectable persons. I think we may say,
if they were in your place, they would find the child died by the
glass, hut we cannot, therefore, convict the two prisoners of mur-
der, because we must have evidence to bring the glass home to
the parties before we do convict them. Suppose this happened
by accident, that the glass was mixed with the sugar in its manu-
facture. If there was a small quantity of broken glass taken day
by day by a child very infirm, small, weak, and emaciated, would
not that have produced its death ? I should be sorry to injure
the shopkeepers of Worcester, but in London there is scarcely an
article of food that is not adulterated. His Lordship here men-
tioned several instances of adulteration of different articles which had
occurred to him in his professional life. When we consider the case
of these two persons, we should do well to ask if it is impossible that
■mall portions of glass were not mixed in the sugar by adultera-
tion. Ihave asked, and find not only that nc evidence exists that can
connect the prisoners with broken glass, but the Learned Counsel,
assimilating this case to the case of persons charged with hav-
ing administered arsenic, where proofs are adduced of purchases of
arsenic for feigned purposes—has most properly and humanely
said that diligent search was made for powdered glass, -but none
was found. Now, if these women had diabolicaly endeavoured
to kill this child, and for that purpose had been dealing with
powdered glass, when they were taken by surprise, would not
the glass have been found ? Now, the cause of the child's death
is not without some degree of doubt, and if you think this case
too doubtful to convict, we need not pursue it further ; but, gen-
tlemen, if any one of you think otherwise, we will go on through
all the evidence. Consult together, and say if you wish the case
to proceed or not.
The Jury deliberated a very little while, when their foreman
said, " We are all agreed that it is unnecessary to proceed."

Mr. Baron GART:OW-...-You think this case would be much too
doubtful to convict. You will then bring in your verdict.
The Jury immediately brought in their verdict of Not Guilty.
Mr. Baron GARROW—I most entirely concur. A verdict of
a different description would have given me great personal distress.
I should not have known what to have done.
The prisoners were both discharged.
John Hudson was indicted for stealing the mare, saddle, and
bridle, of William Proctor, from the Dolphin Inn, Gloucester.
The Jury found the prisoner Guilty. Judgment of Death
was recorded against him.
Josiah Goring, Edward Wiltshire, and Edward Walker,
Thomas Morgan, John Hudson, James Horton, and John
Hampdon, James Brawley, John Francis, and George Holwell,
were brought up to receive sentence. They were severally
asked why judgment of death should not be passed against them ?
Goring protested his innocence. The other prisoners supplicated
for mercy.

Mr. Baron GARROW—I have never seen more attentive,
patient, and watchful juries, and it is my duty to add, that after
attentively reconsidering all your cases, I have no doubt of all your
guilt. The cases of each are of great enormity. Three of you are
convicted of an offence that seldom occurs, probably from a feel-
ing of the sacredness of the house of God. Another offence has
increased to a most alarming extent—l mean horse-stealing. The
case of you, Horton and Hampton, is one of a most enormous cha-
racter : you belong to a gang who watch their opportunity, and
in the dark of the evening break into the dwelling-houses and
shops of tradesmen. The case of you, Brawley, Francis, and Hol-
well, is distinguished from the last, because your offence was not
committed in the night time. Your motive was a temporary de-
bauch—for that you rob the poor cottager. I am much afraid
that, in the present state of the calendars of England, many people
will think that I ought to leave you for execution. lam anxious
to find grounds of mercy, and I shall venture to recommend you
to his Majesty, and should he be graciously pleased to save your
lives, it can only be upon the condition of your being transported
for the rest of your lives.
The prisoners were removed, and the Assizes ended.

This has been the heaviest calendar ever known in this county.
Mr. JERVIS, the King's Counsel, being named in the commis-
sion, tried several prisoners yesterday in aid of the Judges.

NORTHERN CIRCUIT.-LANCASTER, MARCH 14.
CROWN SIDE.

Joshua Hayle was indicted for uttering, on the 19th of Oc-
tober, to John Dawson, at Bury, a forged 1/. note, and also with
uttering another forged note to Psilip Jobson, on the 20th of
October.—The jury found the prisoner Guilty.
Joseph Wilkinson, James Clegg, and John Lee, were in-
dicted for burglariously breaking into and entering the dwelling-
ing-house of Edward Hudson, at Manchester, and stealing there-
from a quantity of bacon, some silver spoons, and other property.

• .
The prisoner, Wilkinson, in his defence, said, that the prisoner,
Lee, and two other persons, had brought the articles to his house.
Clegg said that he was only a lodger in the house, and knew
nothing of the property.
Lee denied that he had brought any articles to Wilkinson's
house.—Wilkinson (to Lee)—You tell an infernal lie.

Mr. Justice BAYLEY interfered, and desired the prisoners not
to have any altercation in the dock. _ _

The Jury, after a long deliberation, returned a verdict, finding
Clegg and Lee Guilty of burglary, and Wilkinson Guilty of re-
ceiving the property, knowing it to be stolen.

The JUDGE sentenced Wilkinson to 14 years' transportation.
Wilkinson is an old man 60 years of age. The other prisoners are
young boys, and will not be sentenced until the end of the Assizes.
Samuel Ashcroft, Daniel Graham, and John Delany were
indicted for assaulting James Slater and John Sandiford, on the
King's highway, and taking from their persons and against their
will one 101. note and other money, their property.
The Jury found Ashcroft Guilty, and declared the other pri-
soners to he innocent.

Amaziah Holland was indicted for assaulting John Barron, on
the King's highway, and rifling his pockets, on the 4th of No-
vember.—The prisoner was found Guilty.

WESTERN CIRCUIT.-SALISBURY, MARCH 15.

Edmund TVarnford Cresswell, aged 18, and Isaac Berry,
aged 19, were indicted for breaking open the dwelling house of
James Stiles, at Sherston Magna, and stealing therefrom sundry
articles, on the 11th of November last.

The first named prisoner is connected with one of the most an-
cient families in the kingdom.
The Jury acquitted the prisoners; and the Judge charged them
to keep better company.
Jacob Wyer, of Donhead St. Mary, was indicted for assault-
ing a very respectable farmer's daughter, on the road from
Tollard Royal to Shaftesbury market, and extorting money
from her.

The Jury found him Guilty, and the Judge said he would save
his life, but that was all ; for he had behaved in a manner most
revolting to decency, and, indeed, extremely wicked.

NAVAL COURT MARTIAL.—A Court Martial,
composed of Captain King, President, Captains Sykes, Pipon,
Morier, and Mitchell, assembled yesterday week, on board the
Britannia flag-ship, for the trial of Lieutenant John Harrison
Bowker, lately in command of the Leveret, tender to the Windsor
Castle, upon the following charge, viz. :—" For scandalous and
indecent conduct on board the Leveret tender, towards Joseph
Sherwood, ordinary seaman, Wm. Sanders, boy, and Mark Car-
neilley, landsmen, all belonging to the said tender, within a pe-
riod of three years, and especially with Joseph Sherwood, on the
night of the 26th February, 1827, and with regard to William
Sanders, at two different times, the latter about a month ago, in
breach of the second article of war."—Acquitted.—.Plymouth
Journal,