Star.
London, England, 1829-04-20 00:00:00

ASSIZE

CHESTER. An 19.
Before the Honourable Timms Juana.
05115 Of 28 Mai!.
Frederick! Spencer, aged al. nos. Nevem aged 19. Jobs
aged 53, Thome Dudley, aged W. This SPeneer. sled IS. liar
Spencer, aged 49, Joseph Bowyer. aged SO. James lbes. arid .
Samuel Luber. aged r. Jobs Thulda. all•d 90. Wrw Ha usile
aged U. Jaws Shaken, aged at, George WlMantsoo, aged id. Gass
Nada. egad to, Jahn Denies; aged Es, Matthew Bowyer. 11=6.
511411041 i Stet. aged la; James Weodball. aged IS, Samna
egad 19, sad James Joan. aged 19. were indicted, with fear
fot.lteilteg malleimsly shot at 14 •h el::
Cedes, I.q. et Dunhill, and at lila fillohingtea. whit latest ur
de them some Omits bripy harm en the 17th et Dumber.
They write fin therlndicted for entering a certain week
armed. with intent to kill game and rabbits.
To.tltere charres they one and all pleaded net guilts.
The ATroaunx Ginntaer. proceeded to state the WO
. tore of the charge. which he described as one of the
most determined and aggravated that had ere- ocearrecti
except one. If men were to go not together to the
number of 20, SO. or 441.1 armed, and pot at defiance
all decency, then no one would be safe. Misdemeannuri
of this description fell peculiarly hard on the lower
classes, who were called out by their masters to protect
their property the protectionof such persons was the
object of the present prosecution. It •would be clearly
shown that the object of the accused could not be that
of killing pheasants only, but that they went out in such
numbers for the purpose of resisting those persons Who,
might be out for the protection of their ' employers!,
property. After some farther reura,4l the Learned
Gentleman proceeded to detail the facts of the case at
leogth. . -
The Learned Gentleman then called witnesses, who
proved the facts of the case. _

- Mr. Sergeant Jonas here said, that to save the time
of the Court he would take an objection to the indict.
went—they were, under the 9th George IV. e. 69. s. 9
and 12, bound to introduce an averment as to the-time
of night in the words of the statute, and also of the un-
laa fill entry—the indictment had been framed on the
old statute of the late King.
.Mr. J. JERVIS followed on the same side.
Mr. Justice Jima said the three first counts *p-
rated to be bad, or at least loosely drawn; the fourth
count would do, although there might be some objet.,
lion to it; but as the objections were an upon the re-
cord he should go on; and in case of conviction a writ
of error might be brought.— she trial then proceeded.
The Jury consulted a shoot time, and brought in a
verdict of Guilty.
The teamed Sergeant and Mr. J. Jtavis were thep
beard, and took the same, and other objections to the
indictment, as were taken in the course of the trial.
The ATTORNEY GINERAL was about to reply, when
Mr. Justice Jens's, said he need not ttouble himself,
ileubjections were such as he should over-rule, and
pais santence.
Mr. Sergeant Jonas—Your Lordship will allow us,
a copy tit the indictment.
Mr. Justice Jane's—Certainly. •
His L-rdship then proceeded to address the prisoner,
in the most solemn manner; they had bren found guilty
Ofsoing out in a body, no less than 26 in number; and
it was impossible that they would have so gone out,
armed with 19 guns, for the sole purpose of killing.
game. They had, without doubt, gone oat for the
purpose of resisting and overpowering the keepers that
nigh' be brought against them. He had no hesitation in
saying that the evidence against them was such that bad
they been tried upon the capital charge, a conviction
woul.t have t.thowed, and some of their lives would
hive been forfeited, and the remainder would have
been .transported for lilt. They had received good
characters, and might have been men of
.good cha-
racter up to the time of their commencing their ille-
gal practices, which must be put a stop tae and for
which they would be severely punished; it was a mis-
taken lenity to expect that such conduct should be'
slightly punished, and they would find, and he also
hoped that others would find, that the laws were strong
enough to put a stop to such species of cries':' After
some other remarks, his Lordship sentenced •thetn to be
transported beyond seas for the term of 14 years.
Timmis—My Lord, may my eyes drop into my
hands if I was en the grounds that night. Long life
to you! •
S ttsf female in the crowd immediately screamed out,
went into hysterics, and was carried out of Coon.
The crowded state of the Court was almost beyond
conception.
The other fourteen men were then placed at the bar,
and requested that their plea of not guilty might be
withdrawn, and that they might plead guilty.
Mr. ATTORNEY GaNZRAL had DO objection to their
pleading suilty, and entering into their own recogni-
zance: to appear for judgment if called upon.
Mr. Justice Janus then addressed them, and in-
formed them that if they were found committing such
offences again, they would be taken up and sentenced to
be transported for the same period that their toms
panions had just been sentenced to. . •
They then entered into their own reeogninanean, in
the sum of 1001. each, and were discharged:
John Husky, aged 254 von Wilton, 31 • Enoch
Cook; 19; Henry Howard. SS; Wafts Cook, S 4;
Cherks.loyason,23; and Dank; Delay, 23, were in-,
dicied for being out armed for the purpose of killing
game, in the grounds of Sir J. B. Broughton, on the
2511 of December, and also fit entering a field in the
• occupation of Joseph Glover with the like intent.
Thee men, having consulted Mt.Corrteattatt, their
Counsel. all pleaded Guilty.
The Learned Jerson, in passing sentence, said he had.
kicked at these eases—they had behaved with modem•
tion, and had 4eliveved themselves up to the keeper);
without offering theft any violence; but they went out
armed, not wily with guns. bet with pistols and bluds
roes, therefore an exemplary sentence must be passed
upon them; which war, that they were to be severally
imprisoned in she House of Correction for two years,
and there ti be kript to hard labour.
4 -
• OLD /144L8Y SESSIONS, APIUL 18.
BINOOLA a CIitRERE OEIIO LIIIIIIAKINIL—John Pettit.
alias Speak, Alies. White, Imes 3*artiis, arid Sarno;
Hdrui, sve*Ardrsted for Wreaking into the dwelling-
house vf Sarah Howard, No. 42, Goswell-street, 8..
Luke's, an(stealing therein ten sovereigns, and a var istr
of articles of household furniture,
The evidence proved, that on the $4 inst. the prisoner.
Pettit. entered the house of the prosecattix. and said that
his risme was Smith, and he was a broker, arid had a
warrant of distress to seize the goods for a Mr. Wm,
-Chapman, who claimed 1201. for six years' back rent. Ue
produced a paper, which he represented as a sutras, of
distress; and he broke open doors, and pinceetledto
. The goods mentioned in the indictment were carried
out of the house by the prisoners, and prated in a nap.'
A clerk of Mr. Freslifield, the-solicitor, arrived at.. the
boas; and joie Pettit into custody. The other pri.l
snows, as soon as they found that Pettit bad no lawful
✓othotity for milking the seizure, assisted in earry4:gial
the goads back into the house of the ptosecuttix,