Star.
London, England, 1823-04-10 00:00:00

LENT ASSIZES.

BRISTOL, APRIL S.

Thames Day, aged sixty-four, a Dissenting Minis-
ter; a man of meek and pious exterior, was tried upon
an indictment for bigamy, in having intermarried
with Elizabeth Doncaster, his former wile, Mary
Day, being still alive.
The Parish Clerk of the parish of St. Mary, Wool-
wich, in Kcnt, proved, that on the 28th of August,
1809, a marriage was• solemnized at the Parish
Church by bruins, between a man of the name of
Thomas Day, and a woman named Mary Lancaster.
A baker, residing in the Borough of Bristol, stated
that he knew the prisoner, who had lodged in his
house fOr nearly four years, and during that timelised
with a woman of the name of Doncaster or Davis,
aeho always passed for and was taken to be his wife,
ulail his former wife, Mary- Lancaster, came from
13orsdon, and insisted upon some provision for her
children by him, when a " furious piece of work"
took place between the wives.
Elizabeth Doncaster, the last female married, stated,
that she had known the prisoner for more than ten
yeari. She knew him first at Bristol, and was mar-
ried to him at St. Mary's Church, in that city, and
liadlieed with bim ever since. She was present when
the prisoner was taken before the Mayor, where be ac-
kbowle that he had been married to Mary Lan-
caster. The witness was much afflicted at her situa-
tion as a witness againse the prisoner. - •
Cross-examined by the prisoner.—Witness did not
hear Mary Lancaster acknowledge that she had no
tight to him.
The prisoner was then called upon for his defences
when he began to complain of the many visitations
which he had recently endured, and among them of
severe illness in consequence of the imprisonment and
the tribulation which he had already undetlone foe
his sins. " When I took Mary Lancaster by the hand,
my Lord," said he, " I lived with her about a month,
when I f .and her out in the most sinful doings. She
went after other men ; and when I exhorted her
about it, she told me she could not help it, for she was
fond of variety. I find I like variety,' says she, and
so I verily believe she did—(Lasrghter.) However I
stood it like Job, till one day 1 found her with &-
young shoemaker in my very house. I took him by
the scuff of the neck and tailed him out. Then I ex-
horted her. Says she, lam very sorry for it, and
I'll try not to do so again ; but,' says she, a I'll let you
into a secret* 1 have another husband on board the
Topaze East Indiathan; he has much mote right to
me than you have, and as soon as he lands I mean to
go to him.' Very well, says I, and so you may, for
I don't like to keep another man's property. And so
.he was married, Britt
,is the truth ; here is the, copy
of her register, to siTieiv that she is married now.—
Inc prisoner pat bribe copy of the register).—And
besides that, she Married a man from Deal, I believe,
and served him the same is she's served me, only I
could never fathom the bottom of it. I then took my
wife Elizabeth by the hand; but I do assure your
Lordship, that I neitherinarried her wilfully, wick-
edly, nor maliciously,' nor with a view of breaking the
marriage oath. If I was now upon my salvation, I
should be acquitted of that, and I hope I shall be ac-
quitted here:" The prisoner then proceeded to pro-
mise the Learned Judge that, if he was merciful to
him, he should " have his prayers!" He continued,
" I will only say further, what was said by the very
best Judge that ever sat on a Bench-1 If` there is a
et-Ittht, incline the scale on the side of the prisoner.' 7
The Learned JUDOS, in his charge to the Jury,
told them there was nothing beyond the prisoner's,
bare assertion to prove that Mary Lancaster was the,
wife of another man before he married her. His
Lordship saw nothing in this case to rest a doubt upon.
The ?levy Suggested to his Lordship that the copy
of the mat-rite-register formed a strong corrobora-
tion of-the prisoner's statement.
The Lathed Judge said, that the copy could not
be received as evidence. _ _ _

The Jury, after a short deliberation, found the
prisoner Guilty, but recommended him to mercy.
His Lordship, after the Jury had delivered their
verdict, told them that the register of the first wife's
second matriige, so far from proving the prisoner's
case, proved that she was married after his marriage.
The register proved that she was married again in
the year Isll. .
After the trials of the other prisoners had been
gone thrbugh, the prisoner was brought up for sen-
tence. His appearance and manner bad undergone
a remarkable alteration. His weakness had increased

apparently to the last extremity ; he walked with
trembling steps, supporting himself by the railings,
and after having rested himself, to recover strength
to speak, he said, in a weak" die•away" tone of voice,
scarcely audible, " Most excellent Judge, be pleased
to heir a fevr words from one who addresses you in
the bitterness of penitence. Be merciful to me, my
Lord, for my constitution is lost; I am very ill, very

ill indeed; and if youfLordshipvisheth me with much
imprisonment, I fear, alas ! that I must shortly appear
where sinners ceasti to troublti: aCi4;yrks skis:l'6Y tisi
LORD of those who itiughr the kateof Mercy in peni-
tence, 4 Seek and ye shall find ; knock, and it shell
be opened unto you.; so-I hope is will be opened to-
day to me, who am truly penitent. I will conclude'
by saying,.as the last words of our LORD Jesus were
to the thief, ' Verily I say unto thee,.to-day thou shalt
be with me in Paradises' so I hope I shall to-day be'
in the Paradise of mercy with your Lordship."
Ilis Lordship then addressed the prisoner to the
following. effect ;4g The offence of which the Jury
could not but find you guilty, is one of a very serious.
and very aggravated nature. It is an offence which,
if tolerated, would go to unhinge the very foundation
of society. From what has transpired in the course
of the trial, and elsewhere, of your former life and
profession as a man of religion, offering yourself as
a guide and a pattern to °chef s, it does appear to me
that your case is greatly aggravated—that you, a
man pf such pretensions, should be guilty of such a
crime, which not only religion but morality forbids.
After you had deserted your fitst wife, you inflict on
another innocent person a wrong for which you can
never make reparation. The conduct of your first
wife, in marrying again after you hid left her, can
afford no justification to you ; and, besides that, I
now find that even after your second marriage you
violated your vow to your second wife, and were
living in a disgraceful state with a third woman at
the time of your apprehension. The offence of which
you have been convicted is amongst some classes, 1
am sorry to say, viewed very lightly. It is necessary
to check this impression by an example; and though
I am sorry to see a man of your years in such a situa-
tion, yet I feel it as a painful duty, imperative upon
me, to pass on you the sentence of the law, which is,
that you be transported for the term of seven years."
The prisoner appeared amazed at the sentence;
but it was observed that he did not require the sup-
port of the railings in going down from the bar, but
walked with a steady step.

TAUNTON.
George Clerk, the coachman of a Bristol ani Bath
coach, vas tiied under the new Act of Parliament,
for manslaughter, in having furiously driven a coach
so that it was upset, and a person of the name of
James Hamilton killed.
The Counsel who conducted the
itteosecution, in
• . .
stating the case to the Jury, urged necessity, of,
*liking those to whom the seta' of the lived Ind
limbs of so many of his Majesty s subjects *as 'in-
trusted, with severe punishment, whenever by their.
carelessness either was lost or endangered.
The first witness called was Mr. Smart, who stoat
that on the evening of the 14th of February last he
Started from Bristol to go to Bath in the coach of
Which the prisoner was the driver. The witness de.
scribed the manner in which the prisoner drove on the
several parts of the road when the deceased with his
nephew got up. The prisoner appeared to .bu.
liquor, and as they went on he whipped the hbrs ha-
riously. As he drove through the turnpike-gatioeti?
Bristol, he nearly ran against the gate. The nephew'
of the deceased told the prisoner be had " skiintrielt
it near." One of the passengers told him if he drOte
so fast he would upset the coach : but the Prisacier
kept increasing his violence on the horses. Re hi;
creased the speed very little, for the coach was going,
at such a rate, that to increase the speed atdeal
de.
Was impossible. After they had passed the bridge
which goes over the Avon, about 11%. rirda, the
coach was upset by the furious driving: :The coach
was nqt upsetqa wititess's opinion, by runniat against
anything. It was running straight when ft was up-
set. All Were Niiivn off the top. Witness 'Or* the'
deceaSed, and thOught.hhi skill was hummed. The
prisoner requested; assistance , in getti'ng Codelf to
rights..but witness gave pfi *instinct .H We.too ,
much bruised about-LiaiseXl., the deaeakdwas
car-
ried to Bath. The coach was going at the yate—of
about fourteen Miles an hour. When k *at niiiiet.'
There were four passengers at the On* Intl" dad'
eight. outside. The coach swung troth side to sti'
it watt aloft..
Johp, 411ascosiy,
hoed beql on, the
sower had been
drove furiously
fortable at the time,
He requested a person
timer not to speak
the horses.
Mr. Ackland, d surgeon at Bath, stated, that et
the 14th of rebruary, be fOunkthe ieeelaied labchnint
ender a very severe wound, After tiageiring:a
siderable time, he died from the elect; of Trattute
on the base of the skull, as the wittiest est:Amalfi*
after his death.
Mr. Smith, of the White Hart Inn, Bath,
that the deceased, on the night the coach wai\.
Was brought in in a state of insenlibility, *RV
wished there until he died.
The defence set up ;4 bf ,tbe p!isiditer
that a spring had broken aCcidentillY oil &e.t.a*
and thereby thrown it on one side, so that it irisip-;
set. A witness proved:that the coach arrived at she.
'White Hart Inn with one of the sprfts broken Off:
but on his cross-exatiiinatioti, it turd Olt that this
ppring had been broken before, anfi Was4.4ymendel
by a thin piece Of iron.. goitherro:exaniinittiort o
all the passengers, there isppstated to be no reasbn for
believing that it :bight not ilayebeenitoleen by the,
coach oversettitig..-tOmesfitoeisesertethetstisener
a good character for hurntrnity.
The Jury immediately found the prisoner Gary.
Mr. Justice BURROUGH• in passing sentence on the,
prisoner, observed, that by a reecat Act of Parlia-
ment be was empowered 'to sentence him to basis-'
'portation for life; .but as this wow tise,orstJiosiduce'
which his Lordship knew of a cot vibdenfort-Mindy,
'driving, he did not thidk'it nicestary to Visit:lint,
with the full measure of psaisnoieras which the lasi
enabled him to inflict, surd, he should tiadpose a mote'
lenient puniihment, is the hopes' that that would;
operate as a first warning to those of 'his class. fins
Lordship, however, could not lelp observing, that:ai
great portion of the evil Was occasioned by the inat-i
minion of the proprietors themselves, who encouraged 1
this system of driving furiously,. foe. the purpose of,
outstripping each other, and getting more money by
performing journies in a shorter period. Such &rate,
of travelling as twelve or fourteen miles an hour, by
a coach laden with passengers,. was a rate which
could not be sanctioned; for it was dangerous and

.._ _

I illegal,- and those-who asinptill it *must 1..
:4 did it at their_ peril: --fiewit afraid,
wonjel go op driving fasteizafigtatr
egii&lNlf accidents itilieek fiat eibiessimiry ,
tolWiristem, by sententingAnists who
snit rcifit occasioned the deattit of any of :
'. subjects, to be transported for life. His Lot-_
sentenced the prisoner to be imprisoned It months
in the County Jail, and during that time to be kept
to hard labour it thejltread.mill.
'DOM were many Yetis in Court, amongst
the conviction and sentence seemed to
strong atiOttion. •
' , pANcAsT,Ett AssfZEA
Bartolomeo l'ailo %yak? indicted for k
Martina, by stabbing, him in the side wk
' The prisoner and witnesses being foreigners,
preter tVIIS sworn to translate the writing ,
' From the evidence of an Italian witness i
' that the prisoner and the deceased were
venders of plaister figures.. On the 23t'
last, they were in. company togeth'er at
in 13iackburn, and having fallen into
specting their supper, Martina snuck P.
but a boy, sevel al tevere blows. Paulo t
and took up a long sharp-pointed kn
'moulding their images, with wilichle I
stab the deceased, but was pacified b
fereace of some friends, and he again
his soup. While he was eating his supper,
again attacked him with so much viol
break the handle of the brush he user
pieces about his shoulders, and Pat::
under the blow, seized the knife, whici
by his side, and buiied its blade in his
side, who reeled a few yards and then fo
It:lusted, exclaiming, " I 'shall die.* Pt
diately after having inflicted the mortal
came alarmed and fled from the house,
again seen till he was apprehended at Li
the Coroner's warrant. .
On the cross-examination of one of thi
it was stated that Paulo was scat out for
for one of their partyo'.who was unwell,
his absence Martina ate nearly the whop
which had been provided fur their suj
. .. grumbled" at being deprived of his ff
complaints were the occasion of the disturi
disaster which followed.
Dr. Mai kland was called in to attend the
shortly after the wound had been made
the patient on a bed bleeding profusel
ceased lingered for about eight days and
Mr. Justice BAYLEY explained the I;
slaughter. His Lordship regretted that ,
not been more temperate, and thought th
provocation had not been. given to indi
com mit. sn* a.r,ash act.—The Jury found
The Coirar thought the better way t(
him would bow send him out of the king
the Alien Act.
Pe* 1.444,,,r1 was charged, under the
iverraat of the Borough of Wigan, with l•
~ thew Tyrer.
The,prisoner had been a private soldier in
and for.his services in the Field of Waterh
peered at the bar with one of the honors
given to those men whose actions and ,
valiant end meritoriOus in the field of battle.
, kwr,uting thoer.ploits and dangers he had
in the service, he was frequently induced'
liquor their would enable him to sustain his
with propriety, and when unfortunately
pened to Ips _Ow •casei his eccentricities s
abundant source gf..merriment Lp. the icE
who generally on those occasions follows
home. Otte day in Octulmr last, he bad
been tippling•very freely, and on slowing
, the strieetS;rerowd of boys 'very soon collected
:.began
.tri 'taint and play Many unbecor
with himt &Ise libeities they indulged '
great assent, and having irritated the ..
1 entftbilierting to Catch one of them, when
ethe .didishig Citric across hint at the mom(
Mewls. Isias a. onsjoin blow on the stomas
•slasocised Id, insensible on the 4rottaii,-and
. aftett A' Which, after lingering a•short ti
di.reitilVes Inquest was 'held upon the
upon' as. viral. lc' t of Manslisghter being r
pvistnnisiwas taken into sustpdy.
• Mt. Sulfite Blrrekt Mild, that ifqbe ~,
illibitrillpt the O cealid (Red of
.the blow:
ticeiV rbri ffie'Prianer, they viiidd .retsirn
*it of ibilty ageism him bet it certaitil)
%AM' WE was het the slightest reason for
MAI ' -Pt :kited disitts of oing '
ig
•• - . =, •
as , ....- ' Jury found hilts Guilty.
• ' - . • ant stIDIL
_____ _
_i•l•z•_.; • f , . . .•
... •:, ,: • • gatommaimaximaiaa or .MARILIAGIL
'4l 44 " ' u• nn iIiiiiIIitTYV.IBAUROW.
This was an NIAIIII brought to Tecover -a .
AtiOn In laiiiailli for. the !Ng o sostidned
.plaintitity* reason:Of. the defendant refusing _
fond a proosisanfillarriage, which it was ,
1,. Intellisi&tfiet. !The damages Soete laid *WOO:
1-*', k'EltellAar-..ltated the `ale 'for i
I pier • , Misni.llitdrert. was 'the daughter
lwallslr residing at Faihinierth,,penv :Manchester
- tfefelrillil)t Wits.a pistilltawat the *isle tlaee ,
'ltizester koVitter‘of a Itubliclholfii.,,o.
.. .
in nt circumstances. The Ptitties.
fere, pretty 'much on a par witirrespestitosheir
tio'n In llfe, and he believed -egnal lin -phint -
Thelijuintney between thdn had subsisted
sideralile time, and it unfortinipily happened
dirpleintiff; relying more Akins she ought '
derbwebetienour and the repeated promises
fif.. ttitit,' 'had been induced' to inrrender-her
,i.41-eircu instance . which drd'_ not form
loan of the present case, but :night be .
routtcl of a separate complaint. Atter being
reitkiafed Oroinires OTthiht"taA'si.tid put
umge, to titiie, by the derencTintl;betllopes
*Dims which he had led hey wawa* were •
itetatly blighted by the-marriage' effthni, _
`kith another woman, with whom Ile 4tiefified
tsiderable portion, and nothing wfi•leffecilhe
tiN bit that compensation which 'itietas .%
and which he trusted she Would:rec'elvk
`of the Ibiy. . • •
. ,
Xin Ogden, wife of David 064au oil
1
,
had known plaintiff for a hint tiane4,*
a batter. Knew the defetgaiii, .v.l4wut
at Nil:worth. Theplaiita and -steroidal
.intimate for twelve or Totrrteed yeas. :

t'

. .. .
y, another Onse.t:riot said, after ha
coach sooie time e tctedtitoug. the issi.
drinking ex ' :t y. mii c.ti
op,
.and witness lisrt **m-
ime, and ibought liiiiislit hi Avner.
person who was talidag.io the pti,
Lk to him, Or Avert his attediionfrOth

, -
:1141.1k0r • her father's hOute with them in the year 1.811;,
ditrillfirsuer, were talking %briber ; defendant said if ever lie'
;ter, until by • s married to any woman .it would be to her ;h,
to mt.:LA(IP rated this twice, • He afterwarchrasked•liep to *
10 id the ON' tour at the door—he had a few words to say to heri
• his blajeetes which he did not wish any one else to hear. He tool,;
His LerthisiP hold of her hand and led her to the door, and said
ed 120 bempkpnethst she and he must be married very a09a...
.§l4 hads
me
Child several years ego; she was thirty years lisfigto
and he two or three and thirty.
nongst whom Cross-examined by Mr. Wll.l4•l4&—Pray,lils*Pidepx_erst
excite a very is the age of your oldest child ?-I`vrelve years. - ,
And your secOnd?--About eight.
And your third?--It Is aeads ft weed have hew dwell*
had lived.
killing David And pray, Woo, when were you married?—Abbot 4)
•itli a knife.— years ago.
Illeo me! had you all those children before jots *eve 411114 e
;nets, an inter- tied ?—'its, Sir.
gto the Jury. What was the age of Miss Hibbert's child vrlNNLOrtajoup
which you have mentioned tr-Uessotet fill/
ss it appeared,
andsatitlt"k place
helineo-et?tnyree yirenser,dgi-r.The defendant married a Miss Sinspster cp4
;dreof
Octobertravelling
,t the Plough, And old Simpson bulk him a public-house?---Yes, Sir.
a dispute re- Miss Hibbert's father never did build bins a public-bou*,dyr
hat?--.tao.
Paulo, Who is "
Dar. Ilaovonam.—Aye, that's the difference, you koopt:i ,
was irritated, tweet] the tOo ladies. I
. . .
:nice, used in Charles Stott produced a certificate of the dam,
threatened to dant's tnartiage, which took place on the 044
by the inter- August, 1922. Served defendant with the writ in
i sat down to this action. lie 'said he had paid money enough on
>per, Martina account of the child; he did not want to pay more.
iolence as to Mr. WlLLiasts, for the defendant, contended, that
ed in several before the plaintiff could recover in this action, the
.:10, smarting Jury must be convinced not only that the words ire.
ch was lying puteJ to the defendant were really uttered by Won, ,
s antagonist's but also that they were understood by the parties 7.: ''
fell down ex- the time to be a distinct promise of marriage binding ,
l'aulo, imme- upon both. And what were the witneses who %ice
11 wound, be- called to prove this notable case? There was the
, and was not particular friend, .the intimate associate of the ~lain.
Liverpool, on tiff, who came shamelessly into the box, and admitted
that she had had three bastard children bet"re mar-
the witnesses, riage. 'What sort of reliance could they place time 'ft
For sorne.milk her testimony, when they saw such a laxity in that
I, and that in point of morality which was so essential to a female?
le of the soup Even if they believed the promise, of which evidence •
suppers. He was given, what did it amount to ? The defendant
food, and his led the plaintiff to the door, and whispered in herear •
sturbance and some idle words, which just as much amounted ma
legal and binding promise of marriage, as jumping .
the deceased, over a broomstick constituted a binding ceremony...,
ie, and found It was in evidence, that the connection between tbe;
ely.• The de. parties had subsisted for years, • and that soji
ever
i:.
id died. • the defendant remained unmarried, the plaintiff did
law of Man- not give herself any trouble about it.
,t the boy had " Ceded be all laws but those which Love has made,"
would, he supposed, have been her motto,
that sufficient
'duce fiat to had read the Peet, so long as she could iive in a slam •
of concubinage with the defendant. But when .
ad hint Gasilfs.
to dispose of got marrieds--when this sinner became publicaa-4 •
hgdom, under was inflamed with the sight of his house—she thought;.
some money might be got from him, and she set her..
the Coroner's self about proving• a breach of promise of marriagg ' •
s killing Mat-
by the testimony of that witness whom they had
heard, but who, -he trusted, they would not believe.
rin the army, Mr. Justice HoLstoyn summed up, and the Jar;
returned a verdict for the defendant.
terloo, he ap-
•,i
iorary medals 4
I conduct was It is a circumstance honourable to Lord MELVTIAN
Pattie. In re- that the appointment of the late gallant Earl.k.
ad undergone Vsnerter, to be General of the Royal Marine Eorc
I to take snore
was Made at his Lordship's express solicitation tole,
I his eharaetbr Myra. His Wakens wished his Royal brother to
e)y this hap. succeed to the vacancy ; but his Lordship, with a li-
-1 afforded an berality of mind worthy of his name and high Aces •
idle children, solicited the KING on behalf of the gallant Earl,.ea
red him to his the ground of his eminent services, and the possible
bad as usual, imputation that would be cast upon him (Lord Idell
itm himself in vsti.e) should it not take place, that he had hinderads
,"elected, who and not advanced the claims of Earl Sr. VINCENT.
coming tricks from the circumstance of its being under the gallata •
lin to a very Earl's Administration that the.trial of his Lorosltip'S
man, he was father was instituted. His MAJRETY, with great be.
hen unluckily dignity, yielded to his Lordship's solicitations.
3ment, and he A•eatiee of Hindoo has established a society of
vtiach,- whicis Unitarians at Pursewaukum, near Madras; add at
.and from the Qalcritta, a Bramin, named Ram•moltun Roy, afar
date, he died. renoutkcing his caste, applied himself to the study of
he
.1)64; and the Bible, both in Vaglish and its original languagth
iitstrued.o4 and beeeme an Unitarian Christian. His pub!,
...._ . :, -inyoltied him in controversy with the Baptist 'i
'
he Jar/ vete akin:sties in Bengal one lilt whom, Mr. Mop:, itai, • 1,
I
kilo*.itelt? •
d in consequente, become a convert to the same ser
;return tiistrr Along, and opened a place of public worship. at CAI: r
sly was arose gunk for disseminating them.
.....1 2 J
i for fisitsgam . EXTRAORDINARY NISTA X r.—Tuesday, Williee.
'the deceased Colton, a constable, was called on by a master _
r. ,at Paddington, to assist him is taking away a mar - I
1
. ~.4 : property, which was stolen from him some time
IA
- A
.01 :.: •• . (
.. and which be conceived he discovered in the
. • A . i • '
session of a Man named Watling, a natter Oa • 1
horses), residing near the Toll-gate, at Bat ' '4l
t." C"Pell-‘ end whiCh he refused. to deliver up. Coltdn - .3
Nined by'the, ••• •• .1: 'hi :a
paorn 111 for that pitipcise; 'the nacker refused is
fusing to par. deliver up die animal, insisting that it never 1* . 4
raa'aliped et to ire Iticher- 'the butcher iiiiisted it Was 'd . ' •
idthilit
___,,l,")•_;.: stolen from. hi.sp' ,:•and wasproceeding to isseinia"w.:
P'4'T'a the meeker': resisted,. and a quarrel ensued, sisig vl
laughter's a 31
was fiat' a stop Mit ea
inehester ;th e s• • Ith• ' by Colton discovering-
Ise
• mare actual. y a horse I • : ::
rlaee; *PO
414'lietlie.1" " ''-'
- ' rii.
4tThe 3d inalineott Paltebe Is, Comin Willis" 4 eii
s
t•to.Theirigi, ,the illioin;rlladisCoeitssey evertim, Madras
• to • eben, widow of CoiCoart Canipbtill, of
-Wilt °f-ne4 iitythi. - • , .
A
ed for a •eon: ....• ~.......0.4-to
• DIED ,
append that "T‘ii,jr, in• -Ayeieria• 'esisehi badudiataibt VI
tight to have tbfithilki; In Abe dssily iNeet'h WU O. j___AD''' 't
.
remises of the • "dittairdsp,•walkilooptam, seid4tegaors. EllidabdkoMPlM •
!Whet. virtue alwieltdrAtifitoihiiiraiAlaeltintostu. ' . ;, -A
be allimadirtilialt c
fid/Aslent riacleurrinige-itifeirtli:' arta Ira,
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:ant leadteCia LONDON: rfin: p littLivna Ica,' • -
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