Star.
London, England, 1822-08-29 00:00:00

RAPE.

7.79)!'"'-

James Lowe, aged 21, and James Palficyman, aged
19, were charged with ravishing, and v‘ ith assist:
ing and abetting John Mackintosh in ravishing
Mary Burgess, at Heaton `orris.—(John Mackintosh,
Charles Marl ii,, Thomas Lowton, and Joseph Dale,
have absconded.)
Mr. ASHWORTH stated the case to the Jnry, which
Ire represented as more.. lar egnant with ci uelty and
barbarity than aty that had cm come I/CIOIC a Jury.

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It was painful to give even the outline. •It must ap-
pear extraordinary that sevenpetrhsoencsrismhoe ; uldbub:iefatthe
charged with having committed
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tchieenctrlom
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The
et
Learned Gentleman then detailed the circumstances
andmfaarcytsßtuorbseesgs—ivelnliivneeivnidHeaencteo.
wNorris. I was in
Stockport with a person of the name of Pepper on
the 25th of May—a Saturday night. HT was my
sweetheart. I bad been in.a public-house with him,
and came out between ten and eleven o'clock. I was
ill at the-time. I.was not falling down. I fell sick
when I came down. I went forward on the Under
Bank. There 1 stopped. There was a gang of fellows
that came up to John Pepper and me, and they car-
ried me away—first in their arms, then on .their
shoulders. I then lived in Stockport. I was carried
to Heaton Norris. I never thollectee. myself after-
wards till I found myself in -my brother's house in
Heaton Norris; that was about six o'clock next morn-
ing. I found myself very ill and sick. My legs and
breast were discoloured. I felt lame.—(Here the
witness seemed so reserved in her evidence that his
Lordship reminded her that she had been before a
Magistrate, and that public justice required her to
speak out, and state what she knew.l-,-She thought
her person had been violated.
By Mr. WILLIAMS, for Lowe—l had not been ac-
customed to liquor, and a little rnm and water which
I took made me mazy and sick, and I lost all recol-
lection till next morning. - I recollect men carrying
me, but nothing else.
Jane Burgess—l am wife of the brother of the last
witness. I recollect her being brought to our house
between one and two o'clock on Sunday morning.
She was in a very bad state, not sensible till between
seven and eight o'clock next morning. I salt!, " I
think you are in a very bad state ;" and she said, " I
think 1 am." Pepper brought her to our house. She
complained that she felt very sore. She had neither
bonnet, cap, shoes, nor pocket on her. Her petticoats
and her clothes were torn, hanging to her, and she
was covered with dirt. She went from our house an
hour or two after, and was very ill ; she was able to
go; she could not walk well.
By Mr. WILLIAMS—I can't tell whether she was
insensible from liquor or not.
James Lees—l was on my way home between ele-
ven and twelve at night; passed the Horse Shoe, in
Heaton Norris; saw a number of men, and they had
a woman; she was down. I saw John Pepper at
that time. Pepper was claiming her, and said,she
was his sweetheart. They said he had no business
with her. A man of the name of J. Bower pulled
Pepper away, and insisted on some of the men assist.
ing him in taking Pepper away to the New Bailey,
and said he would have the woman out of the town.
Some of the men assisted him. I stood hearkening
and looking what there was to do. They took the
woman away, and that being my way, I followed
towards Manchester. They took her into a bye lane,
between Mr. Swingles' and John James's. I stopped
on the old road to see whether Pepper and the men
that were with him would come. The witness here
gave an account of what be saw the meu.doing with
the woman. James Lowe sat at the side of her head,
and acted as superintendent of the horrible transac-

tion. I said to Lowe, "It is a shame to use any WO:

man so." " Aye (he said) it is." With that I turned
away. Pepper and James Lee came up, and Pepper
said, " She is here, will some of you assist me, and
I will carry her away from them if I should lose my
life." She lay on her back, and appeared insensible.
'There were from thirteen to twenty persons about her
then. Pepper carried her away on his back. Her
clothes were torn, and her hair hanging down all
roads. She was falling off Pepper's back, and I
helped her better on. I went towards home. I found
Lowe before me. He turned himself round and said,
" Man, don't follow her again, now you have done
what you would with her.' I went on, and Lowe
turned away. James Bower came up and tapped
me on the shoulder, and said, " I insist upon your
assisting me to take this man and this woman up,"
meaning Pepper and Mary Burgess. Joseph Dale was
likewise there.

John Pepper.—l was coming out of a public house
with Mary Burgess, in the Underbank. She said she
was ill. She tumbled down. Persons came up and
asked to assist her home. I said I should be obliged
to them to let us alone. They said they would have
me taken to the New Bailey, and her out of the town.
They carried her to the Horse Shoe, and let her down,
so that her head bounced against the flag. They
carried her off then, some at her head, some at her
feet. I said it was a shame to use any woman so.—
They said it was nothing at all to me, they would do
what they liked with her. They asked her if she was
anything to me, and she said " No." They talked
of murdering me if I followed. Five of them held
me for ten or fifteen minutes, while she was carried
away. I went with James Lee to find her after that.
He described how be found her, and mentioned some
most brutal barbarities. I carried her to her bro-
ther's. She was all the time in a complete state of
insensibility.
Robert Crickley.—l was with the prisoner, Lowe,
in Heaton Norris, on the 25th of May. There were
twelve or fourteen men and one woman. John Mack-
intosh was among them. Lowe was there, and Pal-
freyman, who was looking like the rest. This wit-
ness, guile a youth, spoke to four or five, as perpe-
trators of the crime charged.
John Brogden Sladen, surgeon, at Stockport, saw
Mary Burgess on the following Thursday. She la-
boured under a fever, was very poorly, and under a
considerable irritation. The cause he believed to be
the violence charged in the indictment..
Francis Donovan went in search of Palfreyman,
after the 25th, to his house, two or three times. I
did not find him at home. On the 10th of June, I
met him going out of town. He acknowledged his
name. I said I wanted him for the rape on Man-
chester-hill. He said he knew nothing at all about
it, and was not there. Ile said he had not been there
after four on Saturday afternoon, and he could prove
whore he was. He seemed very much alarmeci.•
By Mr. COLTSIAN, for Palfreyman.-1 had not par-
ticularly searched for. Palfreyman for a week befoxe.
James Lowe, in defence, told a long story, to shew
that he had not been one of the party,- but had acci-
dentally come where they were, and exerted himself
• to prevent the outrages. •
James Palfrey man said,te saw nothing of, the kind.

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William Iletherford.fleas. called ,for .144 we. He
stated'nothing material.
James Lees was recalled for:Lowe.:-t6We came
to me on Sunday morning, d'eteuding and proving.
I was not acting on that sight in the way otconstaple.
Mr. Baron VVocon summed up. lle had ne'rer
heard of such an outrage. One would have supposed
that in a country like this, such a scene of outrage

could not have existed.
The Jury retired for a quarter of-an hour—James
Palfreyman, Nei Guilty; James Lowe, Net Guilty.
Mr. Baron Woon.—Prisoners, I hope this will be a
warning to you, and that you will conduct yourselves
better in future.
Prisoners.—Think you, my Lord.
MALICIOUSLY CUTTING.
Martha
.Milna, aged 31, was charged with mali-
ciously cutting and maiming her husband, George
Milns, with intent to murder or to disfigure and dis-
able him, at Oldham.
Mr. COLT MAN stated the case to the Jury.
• George Milns.—l have been married to the priso-
ner 15 years, and have had eight children. There
had been no quarrel between 'us for several days be-
fore. She thought that I had been with another
woman nine or ten days before. She charged me
with it. I came home on the afternoon of the 14th
of June. •-I wanted supper. She said there was no
water. I went for water to make tea. She made none,
so I went to bid. The bed had not been made, so I
made it inrell. She was not in liquor. She had had
a glass of rum and water. She had not been in the
habit of getting liquor since she had been a woman
till she had her last child in April. I awoke about
three o'clock with a violent pain which struck to my
heart. She stood at the bed with a razor in her hand.
• I said, " 0 dear, what hast thou been doing now ?
Thou hast killed me, thou hast killed me." She said
she had not done it. I turned the clothes down, and
found that a part was cut. off. Much blood issued
from the wound. I did not observe whether there
was blood on the razor. She had gone down stairs.
I could not wake my eldest son. I went down and
found the door open. I went to the surgeon in my
shirt. I saw my wife in the street, with the youngest
child in her arms. I went home then to bed. Charles
Hopwood was the first man that came to me. The
surgeon, Mr. Bellot, came at half-past four. I was
taken t' the Infirmary at Manchester.
' By the Counr.—l thought she was not in her right
mind. I believe she was not. I thought she was often
not in her right mind since her last child.
Robert Chadwick went to the house about half-
past five; met the prisoner, having the youngest child
in her arms. I took her into custody. I asked what
she had done? she said she had done nothing; that
he came home in that state. I said to her not to deny
doing it; for there would have been blood upon him
when he came home jf it had been done. She said,
" I have done it, I have done it." She pointed out
the garden into which she had thrown what she had
cut off.
.By the COURT.—She discoursed as in her senses.
Mr. Bellott, the surgeon, said the wound was a
dangerous wound. I knew nothing of her before. She
repeatedly said, " It was not; me; he came home in
that state." She cried.
Her declaration before the Magistrate was proved
and read. It charged acts of the most barbarous
cruelty on the part of the husband.
Her husband was recalled, and denied the facts.

The prisoner said she had never been well since
her last child, and did not know what she had done.
She hoped they would forgive her this time, for the
sake of her dear little infant. She wept most bitterly,
and while his Lordship was summing up, she dropped
off the place-where she stood, apparently in a swoon.
Verdict—Guilty, but insane.

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and say le Give lee ay-nose. Ste said she
,_ run on account of her child..
Prisoner said the had walked, and not run, on ac-
count of a young cbild she had.
The note was proved to beforget—Geilty, but
recommended to mercy.

EXECUTION.—NONWICII, AttaUST 21.6-SatUTtkr
last, pursuant to their sentences at our last Assizes,
James Smith and Henri/ Carter were executed on tb*
Castle Ditches; and, from the evidence adduced en
their separate trials, and the words of the unhappy
culprits at the place of execution (having both ae.,
knowledged their offences), no doubt remains of their
having deserved the ignominimss.punishment. It is
25 years since any one has been executed for the city;
and, from the very solemn and awful manner in
which the whole of the proceedings were conducted,
we'trust it will be long ere we again witness m distress.,
ing and Mart-rending a scerte. Smith was a Stafford-
shire man, single, and about 25 years of age; he was
but little known in Norwich, but his connexions apz
peared to have been of the worst description. Since
his trial he always appeared very serious; and ever
thankful to the Chaplain (the Ilev.e. F. Mlia.aan)
for his attendance and attention. Carter was a native
of Norwich, single, about 20, and of the very worst
character. He was found guilty of 'a burglary in the
house of Mr. CLARK, without Magdalen gates, and
Smith of a similar offence in the Stone-hills public-
house, without St. Benedict's gates. When arrived
at the dreadful spot, the prisoners descended from
the cart, and the Clergyman immediately began to
exhort them to prayer. After they had spent about
half an hour in devotion, the unhappy rneti were led
up the steps to the platform. Carter began most
fervently to pray, and continued till he was launched
into eternity. After the cap was drawn over his face,
and the rope fixed round his neck, he called to one
of his companions, who stood near the drop, named
Samuel Eagleton, and said, " Sans, let this be a
ing to you, for iam sure it ought !" The two un-
happy men then turned and shook hands with each
other. They continued imploring fur mercy and for-
: giveness until the fatal signal was given, when the
drop fell, and they were launched into eternity.—
. Upwards of 20,000 persons were present. The bodies
were both interred in one grave on ..londay
in St. Margaret's Church-yard.--/Lry