Star.
London, England, 1825-11-08 00:00:00

ALFORD QUARTER SESSIONS, Ocrossa 29.

CURIOUS CASE.
John Ferriday, a deaf and dumb man, was put to
the bar, charged with throwing vitriol on the chahes
and person of Ann Wright, on the 12th of October, by
which she sustained very considerable personal injury,
besides having her clothes burnt and entirely spoiled.
A difficulty now arose in proceeding with the trial,
owing to the mel .ncholy calamity with which the
prisoner was afflicted, he being of course utterly unable
to understand the nature of the proceedings. The Jury
were sworn to try whether the prison-r " stood mute
wilfully and obstinat4v," or whether he was so " by
the visitation of Goa?"
The prisoner's mailer being sworn, proved that he
was deaf and dumb from h's birth ; and the Jury found
a vettrct that the prisoner '• roo.i dumb" by " the
visitation of Goo." The mother also swore, that she
could not convey intellig•bly to the prisoner, by signs
or otherwise, the notate of such evidence as might be
adduced against him.
Mr. CoLTMAN and Dr. Baown said they knew of
several instances wherein an interpreter was employed
on such casts, and it was notorious that a person always
attended at the Old Bail .y fur this express purpose.
The CHAIRMAN said, that in the present case the
difficulty seemed to be to find the interpreter who could
communicate with the prisoner. The laws of this
country were so humane, that, by them, no prisoner
could be found guilty without the charge against him
being folly specified, in order that he might know how
to shape his defence. As in this case it was clearly im.
possible, the Jury must acquit the prisoner, which they
accordingly did. The Learned Chairman, in ordering
the prisoner's discharge, cautioned his mother not to
let him go at large, or to repeat such offences, or the
probability was that he would be deprived of his liberty
altogether ; for the public must be protected against
the commission of crimes of this nature by a man whose
melancholy calamity enabled him to do so with impunity.
NOVEMBER 3.
A DEAF AND DUMB PRISONER.
John Kershatv, Robert Bnckky, and John Ferriday,
were indicted for a most desperate assault on Robert
Ashworth, of Oldham, on the 29th of August last.
Ferriday is the uan who was acquitted on a charge of
felony on Saturday last, because of his being by law
an idiot, in consequence of being born deaf and dumb.
Mr. COLTMAN, who conducted the case for the pro.
secution, submitted that Ferriday ought to be put on
his trial with the other two, in support of which he
cited the opinion of Sir Matthew Hale, who ruled that
although a nun born deaf and dumb was an idiot by
law, yet, if persons could render themselves generally
intelligible to h to, by signs, he might be put on his'
trial for any offence with which he was charged ; but
added, t',at in such cases great caution ought to be
used, and that the Court were bound to act as Counsel
for the defendant. The Learned Counsel also cited the
case of Elizabeth Steel, who was tried at the Old
Bailey in 1787. She was deaf only, and the Judges
held, that although the Jury found that she " stood
mute by the visitation of Goo," it was not sufficient to
prevent her being put on her trial, and it she could nut
understand her arraignment, the clerk may enter a
pha of Not Guilty. This woman was transported for
seven years.
The CHAIRMAN expreued himself pet fectly satisfied, and allowed
the case to proceed against Ferriday as well as the others.
The Jury were then sworn to try, whether the defendant
"stood mute wilfully and maliciously,' or "by the visitation of
Goo?" and after hearing the evidence of his mother, and de.
liberating a short time, the Clerk of the Arraigns said, " Gentle-
men of the Jury, do you find that John Ferriday stands mute
wilfully and maliciously, or by the visitation of God F'
The Foreman. —" Mute by the visitation of GOO, and Guilty !"
—( Loud Laughter )
The Clerk of the Arraigns.—Gentlemen, you will reserve the
latter part of your verdict until you have hear) the evidence for
the prosecutiou—( Much laughter).
The COURT directed Mr. Armstrong to defend Ferriday, and
Courtenay appeared fur the other two defendants.
• The case occupied the attention of the Court from
about half-past twelve until within a few minutes of
seven in the evening. The assault seems to have or igi.
mated in Umbe angry feelings w hich are found to prevail
between the turn-oat cotton-spinners and the inotaticks.l
It seems, the prosecutor, Ashworth, is one of the
small spinners who made common cause with the turn-
outs, and that the two defendants, Kershaw and Buck-
ley, avowed themselves to be knob:ticks. 'lhey entered
a public-house at Oldham, where the prosecutor and
some others were sitting, and used some insulting lan-
guage towards hint, and finished by beating hint most
unmercifully and throwing him into a pond, by which
he narrowly escaped drowning. At a sin or signal
made to the prisoner Ferriday, he joined in the riot,
and being a great, strong, muscular fellow, he dealt
his thumps and kicks about without mercy. The Jury
found all th-e defendants Guilty, and the Court sentenced
all three to be imprisoned and kept to hard labour for
two years in Lancaster Castle.

, insErti Hums, Ei. M.P. arrived at Montrose from
Edinburgh, on Wednesday evening.

Captn►n FORREST has brought home with him two rare
and valuable antiques, which were Ares-nted to him by
the Governor of Sacrificios (near Vera Cruz)—of two
fiAtires of human appearance, in height abt-ut ten
inches, of most beautiful delicately white transparent
marble. They were dug out of an ancient fort or for-
tifica.ion, where, it is bel►eved. they weie busied in the
sixteenth ce►►tury, when the Spaniards, under CORTEZ,
landed in Mexico. Captain FonRrST has also an
earthen pan, of a circular form, about twelve inches
high, which was dug up by tle Indians; and an arm
chair (f most singular workmanship, said to have be-
longed to MosrEeumA.
An Inquest was held at the Commercial Tavern,
Poplar, on the body of James, son of Gibbons,
Esq. of Canton-place, East India-road. By the evi-
dence of Mr. William Oibbons it appeared, that he and
his brother (the deceased) last week went out for the
pnrpose of shooting. wheii the deceased, stopping for a
few- minu es, pla:ed the butt of his gun on his toe and
it. muzzle under hi • arm! when by some accident it
went off, and lodged the cuntents in his hidy. He was
removed to his lathe►'s house, where he in a few days
expii ed. Verdict—Accidental Death.
.Dzsraucrtvz Fins—Yesterday morning, between
the hours of four and five o'clock, a fire was di: covered
bursting forth from the lower part of a house in the
Back-road, Ratcliff, occupied by a Mr. DINT, chee,e-
monger and bacon-merchant. A poor widow, who,
with tour small children, resided in the upper part of
the premises, were saved from the ravages of the con-
ilagration, at great personal risk, making their escape
in a perfect state of nudity, and losing the entire of
her little property in the devouring element. The
premises were totally destroyed.