Star.
London, England, 1824-08-09 00:00:00

INTELLIGENCE.

ASSIZE

YORK, AUGUST 6.
Abraham Bair:lqm, aged 60, ot the iiiirishpf Bradford,
in the West Riding, stood charged by thesCoroner's In-
'quest with the wilful murder of Sarah Ba;rsjow, his wife-
Mr.At.asAnaza stated the indictment on the pert of the Crewe.
After the Jury had been sworn,
The CLeaz ot the AIMAIGN3 informed his 'Lordship, that one
of the Jurymen wished to withdraw, on account-Of his being a near
neighbour of the prisoner.
Mr. Baron Huu.occ—That is no objection, in law • but if the
prisoner's Counsel has no objection, the Juror 'hay withdraw.
DIT. JONI, consented.
After another Juryman had been added, and the Jury re-sworn,
the cue proceeded.
Mr. Art:canoes then said, the prisoner, he believed, was not
coaspos mistratis.
Mr. COLTMAN (who was also for the prisoner) skid, he believed the
prisoner had never spoke since he had been confined in the Castle.
Gaoler—He never has, my Lord,
JUDO; to the Gaoler—Dues be seem to hear?
Gaoler—No, my Lord.
Juno; to the prisoner—Do you hear what Is said 2—The prisoner
looked vacant and never spoke.
Gaoler—l understand he has not spoken for four years.
Juncc—l must impannel the Jury, to know whether he is mute
by the visitation and providence of GOD, or sullenness in refusing to
plead, and be cannot be tried until he pleads to the indictment.
The Jury were then re-sworn to try hint under his Lordship's
direction.

Mr. Cocrrears—', I will soon show that, my Lorcb" and called
Jeremiah Haley—Witneu knows the prisoner at the bar very
well ; has known him fifty years. knew the wife of the deceased.
They lived happily together before the murder took place, and had
several children. They were respectably off. Has known him in
this state twenty years. His case has required persons to take care
of him. The prisoner's wife has had the care of him. It is several
years now since he has spoken to him ; but he has seen him within
this year or two. He is overseer of the poor at Bradford. He is
not capable of knowing what he does.
Jooon—Can.he say aye or no!
Witness—l asked him when► I first cam* Into the Castle, if he
knew ins ? he said, yes.
The Learned Gentleman then called ad examined prisoner's sea
His father had been in this state of mind for ten years. He spoke
to him on the Monday before be came to York. He isid, a be quiet."
Junes—Yoe saw him before that time?
Witness—Yes; I put several questions to him, but he got out
of my way. He would speak now and then. We thought him
out of his mind.

Junan--CaU some, other witness.
Joseph Bairslow—He is another sun. His father has been ont
of his mind for these ten years. Seven years ago he spoke so as to
be understood.

Witness—He has had a strait-jacket put upon him. I scarcely
ever get an answer from him. Have seen him once since he came to
York. We tried to get an answer, but with no effect.
Juan—Gentlemen of the Jury, you must try the prisoner whe-
ther he stands mute by the visitation and providence of GOD, or
otherwise, before which he cannot be put on his trial.
The Jury consulted, and repUed, " We had, my Lord, he stands
mute by die visitation of Goa."
The plea of Not Guilty was then recorded.
The prisoner was afterwards tried on the Coroner's Inquest.
Clerk of the Arraigns—Gentlemen of the Jury, look upon the
prisoner, and say whether be is guilty of the felony and murder of
which he stands charged.
Mr. ALEILANDZA proceeded to calla principal witness, of the name
of John Stead; who not answering,
The Jurors said—Let him be called on his recognizance, and if he
does not appear let them be estreated ; and they were accordingly.
Mr. Cu/sun—This is the only witness, my Lord; and tar.
Alexander said without this witness the trial could not proceed.
Junos—Hu he been subpanaed ?
Mr. Atuainsnii—Me Is bound by his recognisance to appear
and give evidence.
Jtiona---I shall order the recognilanee then to be ustreated. There
is no witness far the Crown, and I am consequently precluded frost
trying the prisoner. I shall allow no costs.
It was afterwards explained that the witness was unduidably
absent, and the costs were allowed.r—The Jury, under his Lord-
ship's direction, found the prisoner ltd Guilty.
After which his Lordship said—" I have now no contrail over
the prisoner, and be must be delivered to his Mends." When a
Gentleman addressed his Lordship and said, if the prisoner's
friends found him unmanageable, they would take care and plate
him in an asylum for lunatics.
Susannah Toupin, aged 35, late of Kingston-upon-Hull, stdbd
capitally Indicted for the wilful murder of Ann, the wife of WilllafM
Turpin (her mother-in-law), at the parish of Saint Mary, en the
16th day of Mardis, by poison who was removed by virtue of a writ
of Habeas Corpus to the Castle of York, on the 20th July last.
The prisoner, it appeared, bad made a cake and sent it by a child,
in which cake was contained two drams of arsenic, and of which
the deceased and child partook, but only Ann Turpin died from its
effects. The prisoner on being called an to plead, said, "0,1 am
not guilty, I am not indeed!"
Application was then made to his Lordship to postpone the trial
until the next Assizes, on the ground that the principal witness was
of too tender years to understand the nature of an oath, and the
trial was postponed accordingly.
Jiihnies, aged 24, stood charged by the Corner's Inquest with
killing and slaying Thomas Hirst, at the parish of Almoudbury, in
the West Riding.—Nee
• Robert Taylor, charged with stealing in the town street of Selby,
seven one guinea notes las. in silver, an old purse, and a watch,
from the person of William Walton, of Sadth.--Net Guil y.

BREACH Or PROMISE OP MARRIAGE.
Mr. BLACXEURN opened the pleadings, and Mr.
Baouomibt :rafted the case to the Jury. It was brought,
said the Learned Counsel, for a breach of promise of
marriage, under an engagement in writing, given by
the defendant, when he well knew what he was doing
and the engagement he had entered into. The plaintiff
was the daughter of a poor widow woman, Sarah Mal-
loy. The plaintiff had been a servant in the employ of
the defendant's father and mother, who resided at New
Hall, near Sheffield. The defendant, Richard Swallow,
conceived a •iolent attachment for her, and agreed in
writing to marry her, which promise he had given to
the ear, but broken to the hope; this action was brought
for a compensation of that breach of fromise. The
Learned Gentleman then called, _ _ _

Wm. Ashman, who proved that the parties had been
to his house and had dinner, where the defendant met
the plaintiff; he was 28 years of age, he believed, and
had known him twenty years. The witness then de-
scribed, that the Clergyman at Sheffield bad refused to
marry them without the consent of his parents ; he al.
`terwards said he would not marry, but give her 5001.
in lieu thereof.

Cross-examined by Mr. ScAnt.wrT.—Had heard her
say, if he did not marry her she should have 40001. he
did not think the young man a weak person, but should
not think him clever in giving such an instrument.
Re-examined by Mr. BROUGHAM—He knows Rich-
ard Swallow's hand-writing; the defendant is a man of
property, and has a colliery; he has managed the busi-
ness three or four years; he is a man of great property.
Martha Swallow examined by Mr BROUGHAM—She
married the brother of the defendant on the 27th of
March, 1823 ; she knew the plaintiff; they lived toge-
ther as fellow-servants in the same house; they were at
Mr. Ashman's on the 28th of March all together, where
the defendant said he would marry her, and never run
off his promise, although his uncle Parker had advised
him never to marry her; had heard that the plaintiff
had had a child, and that the defendant had said he
thought her none the worse for that.
Cross-examined by Mr. SCAnterr.—Her age is 24.
She has lived in two' places before. She was under-
maid, and Sarah was house-ittaid: She did not gain
the affections of John so soon as Sarah did those of
Richat d. He told her he did tint want his papers back.l
She never thought him a ninny. The plaintiff told wit-1
ness she had had a child by the butler in the family
where she lived; she thought her none the worse for
that. The butler was a married nun. She did not get

a contract from 'John, as Sarah had done from Richard.
She never set, her cap at him herself. Her husband:
John, was sober when he married. Sarah had eight
guineas a-year.;--- Agreement put in and read
" I. Richard Stirallow,d, agree to marry Sarah Malloy, or fur-
Mt all Ply property.—Feb. 444, 824."
The defendant, it aipeartd, had made an appointment
to meet the plaintiff ; and not being able to keep his
word, he wrote Vie following love epistle :
" My dear Sarah—You will feel by no means surprised at my
not coming over at sight o'clock, according to appointment—don't
be afraid I shall rail away from my word. My mother keeps a
good look out, and father is on the watch—make yourself comfort-
able, and I will never forsake you. I hope I shall net be in prison
long. Your ewer faithful lover, , " Ilicomto SWALLOW."
" P.S. I hope to call you my Wife very soon, when all your
troubles will be over."
But then came the one That was to blast her affec-
tions, couched in these cold and laconic words :
Miss Sarah Malloy—Aftfr I saw you at Sheffield, I pondered
on the great impropriety I hifd been guilty of, and which has set
my friends against me. I shall not marry you, and therefore won't
deceive you any more., 'My friends say. I shall not marry any per-
son so inferior to myself. I hope you will not trouble yourself any
more about me.

.......
" P.S. My servant will Lit you for some papers."
Mr. SCA RLETT replied, and said it was a paltry action,
brought by a servant for the evident purpose of gain.
What did she want, the man or, the money ?—why the
money to be sure, 40001. aye, " There's the rub." What
would the Jury think of this case ? Where was his
Learned Friend's tears, his sighs—he had shed none,
nor heaved his bosom at the dreadful tale. Where were
the blighted hopes of his client, her loss of time, the
trifled affections of the heart ? It was a conspiracy be.
tween the two servants, and nothing else, to make a
fortune. What did Sarah say, why, he, the defendant,
should not have his papers back under 4,0001. This
was her loss; and it would now be seen what damages
the Jury would give under such circumstances as thee.
It was a catching bargain, and reminded him of a case
(probably a York one) where a person bad agreed to
sell a horse at a farthing a nail, doubled every time.
The JUDGIL—That would be a Million twice doubled.
Mr. Scant.Err--.This was just such a case—a catch-
ing bargain.
The Jury retired, and in half an hour brought in their
verdict for the plaintiff—Damages 2001.