Star.
London, England, 1810-08-24 00:00:00

YORK SUMMER ASSIZES.

Frames Ilardcatile was indicted for burglariously
entering the dwelling-house of Benjamin Cundall, of
Nunmonkton, off the evening of Tuesday the 31st
of July last, and• stealing and taking away a titian-
tity of wearing apparel, two silver spoons, and other
things, the property of the said Benjamin Cundall
and others: and by a second count in the indictment,
the prisoner was charged with stealing the said pro-
perty, and breaking out of the said dwelling-house
therewith.

Mr. RAINE stated the case, which was made out
by the following evidence:
Benjamin Cundall, the prosecutor, said, he lives in
the parish of Nunmonkton, in the West Riding of
this county, about ten miles west of York : the pri-
soner at the bar left his service three years ago,
having lived with him five years as a servant : in his
dwelling-house, in the back parlour, there is a sliding
window, which used to be fastened by a gimlet.—
The bureau in the parlour was fastened the night
before the witness went to b'd, and no knife in it;
had some bottles of gin the day before in a buffet in
the parlour, also some tea and sugar, which he put in
himself the day before. Witness rose next morning
about half-past four o'clock ; being first up, he went
into the kitchen, and was surprised at finding the
door open ; 11,e saw burnt paper on the kitchen floor;
he then went into the back parlour, the u inflow of
which was open, and the floor covered with burnt pa-
per ; he missed two sheets of writing paper, two over-
seers'-warrants, and some newspapers.
Alice Cundall, the prosecutor's wife, said, that
shs. went to bed near ten o'clock in the night of the
31st of July, and left a fire in the kitchen. The day
before she saw a shirt belonging to ;her son Joseph,
and on Tuesday afternoon she saw two silver tea.
spoons, marked A. C. lying in the back parlour win-
dow, which she missed next morning ; she was last
in the parlour the night before, about ten o'clock ;
she went to pray there directly under the window.;
the slide of which was pulled to, but don't know whe-
ther it was fist.

William Atkinson, servant to the prosecutor, said,
be fastened the kitchen door about ten o'clock in the
evening ; he put the bar across; and fastened it.
Peter Gill, n boy not quite twelve years of age,
being explained the nature of an oath, said he was
servant to Edward Spink, in Skipbridge lane. His
master called him up on The Wednesday morning,
just as the clock was striking four, and the clock was
forward : in going to fetch up his master's horses, he
met a woman about one hundred yards from his
master's house, upon the road which leads to York,
which is about five miles from Robert Condall's
house ; he had not seen her before, but said the pri-
soner was her she asked him where he was going ?
He answered he was going to fetch up the horses;
she asked if he could drink a glass of gin; he said no
several times, but at last he did take a sup, and she
gave him some spice cake and cheese, which she took
out of a bundle she had upon her head. She said he
was to tell their other men, if they had any, that his
sweetheart had given him it. She had a pink gown
on, with sleeves down to her fingers of t:►e same sort,
a velvet bonnet, and a white petticoat ; she had
four bottles in the basket and some meat in it, but
witness did not see what sort it was : she had a
large bundle upon her head, wrapt np in a check
apron, and a basket
.ou her arm, and went towards ,
York.

To Questions by his Lonnsinn—Witness said his
master waked him just u the clock *al. striking ; he
might be about ten minutes getting up, and met the
prisoner almost immediately afterwards; he did not
know the clock was forward, but heard his master
say so.
Benjamin Cundall, the prosecutor, was again cal-
led ; he said he missed some cake which had currants
in it; he only missed three bottles of gin, and one
with some tea in it. Saturday morning following the
witness came to York, and with Joseph Pardoe, found
the prisoner about three o'clock in the afternoon, with
two other girls, asleep tinder a hay-stack, on the east
side of the York barracks. He waked her ; I said—
" Fanny, Fanny, what has thou been doing i" She
got up, and said she would go with me, and I should
have the things again, if I would only forgive her. I
told her it was then out of my power to forgive her.
Witness went on the road with the prisoner and Par-
doe towards York, 'and when near the Castle Mills,
she and Pardoe went into a house, witness stopping
at the door till they brought a bundle out. She had
a pink and white gown on, and also a white petticoat.
He had seen the gown in his house, but cannot say
how long before. Afterwards they went to a house
in Jubbergate, and there searched the bundle ;—they
found tea and sugar, a white petticoat, stockings, and
pocket handkerchiefs. She had a grey beaver hat on.
Witness then said, " I asked her if she had taken the
long knife to open the desk with ? and she said she
had."

[Here his Lordship asked if he had made asry pro-
mise ? the witness said, he had not.]
He produced the knife ; it was called the long-
knife, and, when r isoner was in his service, it lay in
the kitchen. Prisoner said in the presence of wit.
ness,that she got the two tea spoons out of thewindow.
Joseph Pardoe, city officer, said that last Saturday;
prisoner and he went into a little huckster's shop be-
I side the Castle Mills, at York, when she asked for her
bundle, and a woman there gave it her ; it was in a
basket, and witness took it from the prisoner. There
was abottle with tea in it, some sugar, two pocket-
handkerchiefs, a cap, and a pair of shoes. Another
girl, in the prisoner's presence, when apprehended be-
side the hay-stack, said to witness, " if you'll go to
such a place, you'll find her velvet bonnet." Witness
took that girl along with prisoner, and found a velvet
bonnet. Witness took prisoner to a house in Jobber.
gate, used by him generally. Told prisoner he should
search her. She put her hand into her pocket, and
took out two silver tea spoons. Witness told her after,
she must strip ; she took off the stockings, and he
gave her others out of the bundle. She pulled off a
spencer, and gave it to witness, and said, " that is
all I got from Mr. Cundall." She was then put into
prison, and she sent to the witness to tell him where
the rest of the property was ; witness went to the
place and found a table-cloth, a checked apron, and
a shirt ; and at another place also pointed out by the
prisoner, he found a flannel petticoat, a cap, habit-
shirt, and a piece of new cloth.
Benjamin Cundall was again called ; the two sil-
ver tea spoons produced by Pardoe, marked A. C.
were sworn to by this witness as .his property ; one
pocket handkerchief marked E. C. belonged to his
daughter, the other marked J.C. belonged to his son.
Alice Cundall was again called ; said they had
such things as the flannel petticoat and cap, but could
not swear positively to them ; but swore to the shirt
as belonging to her son ; she knew it by a cut in the
cloth.

Elizabeth Cundall, prosecutor's daughter, said the
shirt belonged to her brother, Joseph Cundall ; she
made it for him ; the bonnet was her's, and it was in
the house on Tuesday evening.
Gilbert Crompton, Esq. of Nunmonkton, proved
that Benjamin Cundall's house was'five miles distant
from the place where Peter Gill met with the prisoner.
His Lordship recapitulated the evidence, and the
Jury found the prisoner Guilty- upon the second count
in the indictment:

ExsouTroxs.,--The four unhappy men left for exe-
cution at the late Lincoln Assizes, suffered the dread-
ful penalty attached to their crimes on Friday last.—
After their condemnation, They behaved with the
greatest propriety. Atkinson gave to Mr. Merry-
weather, the Governor of the Gaol, bills to the
amount of £35, to be sent to Messrs. Gee and Clarke
of Boston, whose right he declared it wiis ; and he
lamented that that was all the restitution he was able
to make. The three other unhappy men, Marshall,
Sawer, and Wakelin, acknowledged the justice of
their sentence; and all devoutly partook of the sa-
crament. At 11 o'clock the four men were brought
forth from the prison into the Castle-yard, and placed
in a cart. The awful procession then advanced to
the usual place of execution, a little north of Lin-
coln. Marshall first ascended the scaffOld, Sawer
next, Wakelin was third, and Atkinson last. They
successively addressed a few words to the surround-
ing multitude. hoping that their unhappy situation
would serve as an awful warning. Wakelin had
been a great comfort to his fellow prisoners, and in
the hours that the Clergyman was not with them,
read to them continually. Just before the moment
of the scaffold falling, Atkinson turned to shake
hands with Wakelin, and said a few words—to this
exertion is attributed one of the most shocking cir-
cumstances, which succeeded, that weever heard of.
Marshall, Sawer, and Wakelin, seemed to be dead in
two minutes after they were turned off; but at that
time, to the inconceivable horror of all around, At-
kinson cried out, "Oh Gon ! Oh GOD! I cannot
die—l cannot die—lift me up r' Immediately a sol-
dier of the G9th regiment went to him, lifted him up
a little, and then, by hanging at the body, put the
'poor wretch out of his misery ! The emotion excited
by such a scene can be but faintly imagined. The
dreadful circumstance arose from the knot of the rope
having got under the chin when Atkinson -turned to
Wakelin. The corpse of Atkinson was taken from
Lincoln by his friends, on Friday afternoon, to he
interred near Wisbeaeh. The remains of Marshall,
Sayer, and Wakelin, were buried in the Castle-yard
at eight o'clock on Saturday morning, on t.he left
!side of the County-hall; approaching it from the Cas-
tle-gatei. Wakelin's wife attended the funeral; the
lunhappy woman went by the packet from Boston on,
Wednesday, and took with her a coffin to receive her
husband's remains.

On Wednesday morning, the unfortunate Joshua
Beaumont; convicted at the York Assizes of a rape
and murder, was ledlo the fatal tree at the back of
the Castle, more dead than alive. From the time he
left his cell to the &lull close ache scene of horror, he

did not utter a syllable that could he hem! Sy
tators ; but when the clergyman who, in tAlc;vg
of him, put the usual qviesi:on, w! the; he Uab fly;,
of the crime for which he was about in suffer,l;ei,;'i
lie was not guilty ! and has, as we leara,lrctt
ti.ft
time sentence of death was passed upon him rA,
moment that terminated his existence, declare 144
he neither committed nor attempted Lc ermunitd,
the rape or murder.—The body having hung :4
usual time was cut down and conveye.l to the 14
pital for dissection.

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