The Sun.
London, England, 1827-03-20 00:00:00

LENT ASSIZES-(RECEIVED THIS DAY).

THE WAKEFIELD'S CASE.

LANCASTER, SUNDAY EVENING, MARCH IS.

The trial of the indictments against Mr. Edward G. Wakefield
and William Wakefield being peremptorily fixed for Thursday
next, this town row displays a continual excitement and bustle ;
and, as upon a former occasion, every description of accommoda-
tion is greedily sought for. The prosecutor (Mr. Turner) and his
family have not yet arrived, and, according to the arrangements
already made, will not arrive here until Wednesday evening. Miss
Turner (the interesting subject of this important inquiry) has suf-
fered much from the agitation which the close approach of a trial,
in which she must take a leading part, might be supposed to
cause upon the feelings of a young lady of delicate constitution.
The family are at Shrigley Hall, Cheshire, as also are the Miss
Daulby's, of Liverpool, the ladies under whose care Miss Turner
was when the alleged abduction took place. Accommodation has
been provided very extensively for the Witnesses for the prosecu-
tion, the principal of which are Mr. Newton, Mr. Humphttee,
and Mr. Sutton, Magistrates for Cheshire ; Misa Daulby, Miss
Turner, Wm. Turner, Esq., Robt. Turner, Esq., Henry Critch-
ley, Esq., and Mr. Grimsditch, of Macclesfield, the Attorney for
the prosecution. This gentleman is a very eminent and highly
respectable Solicitor, and has been here all the Assizee, giving in-
structions to Counsel, and, during the week, it is said, consulta-
tions have been held on the subject of the evidence and preliminary
matters connected with the trial. The Counsel retained for the
prosecution are Mr. Sergeant Cross, Mr. Brougham, Mr. John
Williams, and Mr. £tarkie. For the defendants, Mr. Scarlett,
Mr. Parke, Mr. Coltman, and Mr. Pattison.
None of the defendants' witnesses have yet appeared, although
I accommodations have been very extensively provided for them.
The Wakefields have arrived to-day, and Dr. Davies has been
Isere all the week. The far-famed Gretna Parson was expected
Ito-day by the Carlisle coach ; but the curiosity of many, who met
) the' coach with the hope of seeing him, was disappointed.
Although many conjectures as to the line intended to be taken
in conducting this prosecution have been rumoured here, and in-
deed every where, yet they all appear decidedly opposed to what is
likely to occur. A most absurd story was circulated a few days
ago that the defendants would, as a question of right, be entitled
to a trial of a point of law, wherein Mr. Turner, by a somewhat
paradoxical conclusion, to be sure, would be compelled to stand
defendant, and be exposed to the risk of having his charge totally
abandoned, and rendered uneognizable by law. This point of
law has, it is said, its origin in necessity, and, by touching ths
admissibility of Miss Turner's evidence, destroys the whole effect
of the Statute of William and Mary, under which this indictment
is framed. Whoever imagined that Audi a doctrine as this would
destrw; an indictment framed under a Statute of the Laws of Eng-
land, is greatly mistaken, and must have been informed upon it ,
by persons most incompetent to give advice upon the subject.
Certain it is, that any thin.- at Common Law comes under the de-
nomination of a particular t.tattite, either as a public or private
wrong; and this indictment not only charges Messrs. Wakefield
with a misdemeanour and fraudulent abduction, hut with " con-
spiring to carry off one Ellen Turner, spinster and heiress, for
the sake of her lucre, against the peace, &c." Therefore, the
charges against the defendants, thus simplified, cannot, it is ad-
mitted, be affected by any objection to the jurisdiction or the
array, because, if any offence has been at all committed, it can
only be of the denomination described, and the Sittings at Nisi
Prius have full power to adjudicate upon any charge or charges of
this kind. The only question which can be left is the legality of
the marriage, and that appears to be already settled. The young
lady, it is known, consented to the marriage, upon the representa-
tions made to her, and signed an instrument, which was " to
certify to all concerned" that she was married, and this point of
the case will give rise to an immensity of legal objections of a new
and peculiar kind. The next point of the case will be the ab-
duction, viz. does the offence come within the denomination of
a fraudulent abduction, for the purposes stated in the indictment?
Of course it is not for us to say whether it does or does not, as
that will be decided after a long argument, mature deliberation,
and the consummate skill and learning of the Judges of the Cir-
cuit. Upon the subject of abduction the laws of our country fur-
nish various authorities and many learned opinions. It should
be understood that the indictment about to be tried has no re
ference to the capital offence whatsoever, and is not under or
within the meaning of the statutes 7th Chas. 2, and 39th Ells.
A few days will decide the business altogether, and until then, as
to what may he the result, must be entirely a matter of conjec-
ture and speculation.