Star.
London, England, 1803-03-22 00:00:00

YORK ASSIZES.

On Friday fe'nnight came on at York, the trial of
Philip Samuel Maiiter, Efq. of Sculcoato, adjoin-
ing that town, for (hooting his two children,
and daughter, with piflols, in the afternoon of Fti•
day the 4th of Feb. La.
The profecution was opened by Serjeant Coe-
FLI., on the part of the Crown, who purpofely
avoided addretling the feelings of the Jury. He
was aware that the plea of infinity would be let
up, and he Ihould leave it with them to determine
what weight ought to be aligned to it ; content-
ing bimleff with barely Rating the law upon that
point. He then quoted Judge Hale on the fug.'
je& of infinity, properly lo called, and partial in-
IMfity or melancholy ; and after reciting his fen-
tirmmts, applied them to the particular cafe before
the Court. After which he proceeded to call the
witneWes.
The firfl evidence called was

Smith,

butler to the prifoner, who was examined by Mr.
D. SYKES, as tc the commillion of the fatal aft in
queflion ; and crofs-examined by Mr. PARKE, on
the part of the prifuner. From his evidence it ap-
peared, that he had known the prifoner thirteen
years in India, that in all that time he had never
feen him didtrent from other men—cheerful, be-
nevolent, and at'live, in all the duties of his Ration;
hofpitable and attentive to his friends, kind and
communicative to his dependants. That after he
had determined to come to England, the witnefs
agreed to accompany him as butler ; that he was
remarkably cheerful for two months on board of
the (hip, but that before they reached St. Helena,
he became all at once referved and low fpirited ;
that he avoided the company of his friends in the
common room, and kept dole quarters in his own
apartment—that lie never feemed to complain cf
any thing, but frequently fighed—that at St. He-
lena, during, as he fuppofed, a fudden fit of deli-
rium, he threw binifelf from the leads of the houfe
where he lodged—that he refufed to come home in
the (hip in which he had taken his 'mirage, and
aftually fent away the children—that he after-
wards took his padtge home in another (hip, and,
till lie arrived in London, continued in the fame
melancholy (Late of mind. After coming to Hull,
be appeared fomething better for a time, whilft
under his uncle's roof; but that after he had intr.
chafed a houfe for himfelf, he never gave any di.
reftions either what Ile (hould cat, where he would
peep, or even enquired how they were fupplied
with money, or who enabled them to go on with
houfekeeping—that he never faw him take up a
book, or even fet pen to paper, except once to an-
fwer two notes—that he ufually walked about the
room or the pailiges of 'the houfe, during the
whole time he was at home—that at the pe-
riod the aft was committed, he appeared unufually
fond of his children.

The prifoner's houfekeeper corroborated this
evidence, from the time he had kept houfe, as
did likewife the coachman.

Mr. Fielding, the furgeon, was examined as to
the fart ; and informed the Court, that when he
inoculated the prifoner's children for the cow pock,
he teemed interefted about them, but appeared to
him melancholy and referved.
Dr. Willis was then examined, who raid he re.
membered waiting the patient, and thought him
labouring under a mental derangement, conflantly
occupied by one train of thinking, which could not
be driven from his mind, or at leaß that he was
not able to divert him from it; and therefore he
thought him partially infane, liable to fudden fits
of phrenzy, in which fits he might commit any adt
of violence on himfelf :r others.

Dr. Hunter was then interrogated. The pri-
toner had been five or fir weeks at York, under his
care—he raw nothing remarkable in his cafe at the
time—that he appeared not fo cheerful as he had
formerly been, but to be evidently depreffed in his
fpirits—that cheerful fociety, he then thought,
might perhaps retlore him ; fuch a tlate of mind
certainly often terminated in fincide, but he had
Leter known any one in a frnilar fituation com•
mit violence on others.

Dr. Alderfon faid, he had known the prifoner
from the time of his fiat coming to Hull from In-
dia ; that he had always confidcred Lim as labour-
ing underthe difeale ufnally called melancholy, or
partial infinity ; he had fern him very loon after
the an had been committed, at which time he ap-
peared rather more agitated than ufttal ; but that
he had occafionally, even in converfation, feen him
almoß as much agitated as he then was a—that
though he had never feen a finiiiar cafe he had
read of feveral others, where, during the Et of in•
lanity to which all melancholy patients are liable,
parents had detlroyed their offspring.
The Judge then addreEd the jury, and went
over the roiots of law much in the fame manner
as the Learned Scrjcant had done. He mentioned
a fingular cafe ofa woman, %%lan, jet the night, had
Rrangled her infant, but who was utterly uncork-
(chins of having done it ; was a remarkably fond
mother, happy in evesy ciictimflanee of lice, and
having nn motive to perpetrate fuels All an, it ap-
pcar.:d to the Jury that it h id beer. committed in
di fit of infinity, or terniwirary delirium. Ile Laid
the cafe was laid fairly before them, and the whole
world, by a clear, ennfitcnt chain of evidence ;
and they-had had ;he judgmentsaditled by the opi-
nion of the lira medic :1 characters, who had de-
cidedly declared th it they thought hitch an an
might be commiucd by a man hi thole Lts of in-
finity to which melancholy patients were OCCii•
'The object of puiliihment was
tither perti.nal, or as an example ; to intlia pitnifh•
men: for an an committed by ~:sachem the AL-
Lad vifited already the heaviea of
to which I liman nature is liable, would be
c: uclty : and what example would the death of a
man nut of his reafon be to fuch as Rill retained
tl.:ir•:?
_ _

Jury witiLlrew tmo m'inu•mc, :tn.i returned
their vo,rtiia—u The f4a pr• vet', but committed
in a fit of infanity, by Co.: 11...:84.1...ic Lot
g ul rau:J.l."
Th: futile !Lco accol led t.,•ith
Lis cpinior.; .4.3 d tenundel Tfic flamer b.c.!: to
thtre to be kept :.is

flastil.l be known, where lee wnald have him con-
fined for remainder of has ih-e. He begged at
the fame time to declare his fatisfaaion, that the
cafe had be,n fo fairly heard, in order that the
country, and the whole mould be fatisfied
as to the real iltuation of this unhappy man, when
he had been led to perpetrate the fatal deed ; and
concluded with exprefling, hi: approbation of the
col:duet of the Magithates who had done their
duty in bringing the prifoner to a trial.
Jofepit Heald and John Terry were indis!led for
the wilful murder of Elizabeth Smith, aged 67
years, at Flai:fliew, near Wakefield.
The deceafed was a woman of molt excellent
charader, and had maintained herfelf by keeping
cows and vending their produce. Having the mit-
fortune to lore two of her cows, (he was left 'near-
ly deltitute, but by the humane afliaance of her
neighbours, the w as enable J to pure-hale one cow ;
and her fon, who lived in Leeds, fent her eighteen
guineas afterwards to buy another, but defired her
not to purchafe before fogtime. On her receiving
the eighteen guineas, it was immediately made
known amonglt her neighbours.
The &LI witnefs, Mary Towlerton, proved, that
between one and two o'clock in the morning of !
the 2d of September lA, the was awoke by hear-
ing the deceafed (Elizabeth Smith) fcreaming out
very violently, which continued for a quarter of
an hour, the latter part of which time the noife
grew fainter ; that (he awoke her lifter, who flept
with her, got up, called her father up, told him
what the had heard, and went to bed again : loon
after, toy got up again, looked out of the win-
dow, and law a man in his fhirt Neves, with a
lighted candle, (looping and looking about, ap-
parently in much hurry, in the deceafed's bed-
room ; witnefs and her !liter called again to their
father, who, together with their brother, went to
a chamber window, which opened towards the de-
ceafed's houfe, and called feveral times, " Tom
Smith, Tom Smith !" thinking it might be her
fon, but immediately the candle was extinguifhed,
and then they gave an alarm that there were
thieves at the deceafed's houfe, after which (he
thought (he raw fomebody in the worklhop over
the deceafed's houfe. Afterwards raw Heald and
Terry at the deceafed's houfe about three o'clock.
William Towlerton corroborated the teftimony
of the laft witnefs, with this addition, that he Caw
the prifoner Heald, at the deceafed's houfe, about
three o'clock the fame morning ; that he knew the
two prifoners were very intimate, and that he law
fomebody wafhing his hands in a trough, adjoin-
ing the deceafed's houfe, and that the water was
very bloody; that the prifoners exprefled their
readinefs to affil in finding out the murderers.
John Towlerton corroborated the teftimony of
the lail witnefs, with this addition, that he law a
man come out at a window at the deceafed's houfe
there; the man he raw had a dark coloured waift-
coat, and a dark coloured apron on.
(It mud here be remarked, that when the pri-
loner Heald, came into the deceafed's houfe after
the murder, he had on a dark coloured cloth we'll-
coat, with a dark blue woollen apron, that folded
about his waill, and which the witneffes proved.
Terry having his hand tied up, culled the firft
fymptoms of firfpicion to attach on him.)
Henry Glover proved, that he was fent to call
the deceafed's relations, who lived near, and to
inform them of the murder. That almoit imme
diately upon his return to the deceafed's houfe,
the prifoner, Heald, came in and laid, he had
heard one Francis Dransfield (another witnefs)
inform one of the deceafed's friends of the murder.
Witnefs replied, that he could not have heard him,
if he had &resin bed. The prifoner then laid, he had
called up his mafter, and told him the fame,
and had defired his mailer to let him out of the
room, and that he had come down to fee if it was fo.
John Clarke, another witnefs, coroborated the tef-
timony of the above witnelfes.

The'mas SMith, fon of the deceafed, proved.
that he went with the lift two witneffes to his mo-
ther's houfe, when: they found her lying bleeding
upon the floor, fpeechlels ; that the died in about
a quarter cf an hour afterwards ; tlyet betide her
were laid a pair of tongs, covered with blood, and
bent, as if with ftriking her, and a bloody fpade
in the bed-room adjoining where (he flept. The
iron part of a (witching-bill was found among the
bed clothes ; that the (haft of the bill, and alfo a
razor and :t candlettick, with a thort piece of Can-
dle in it, were upon the table, and Iprinkled over
with blond ; that he had feen the prifoners feveral
times upon the deceafed's premifes previous to the
murder ; that about three weeks before the mur-
der was committed, the prifoner Heald ran up to
him, and alked no other queflion but Thomas,
when does thy mother intend to buy another cow r'
That he law the prifoners together many times
upon his mother's premifes, within a month pre-
vious to the murd:r.

Ann Illingworth's teflimony went to identify
the twitching-bill found in the deceafed's houfe, as
having lent the fame to the prifoner Terry's mar-
ter, who had not returned it'at the time the mur-
der was committed.

Thomas Wilkinfon, the prifoner Terry's mafler,
proved the twitching-bill, and believed it to be the
fame found in the deceafed's honk, and alfo the
finding of a bloody handkerchief in the prifoner
Terry's bed.

Mr. William Walker, furgeon, proved that the
wound on the head was the caufe of the death of
the decealed, and that one of her arms was broken,
as he fuppofcd, by defending herfelf fromthe
blows firuck with the handle of the fwitching•bill.
Thomas Shaw and Samuel Linley. coultables,
proved the confealon of the ft ifoncr Terry, which
was, that he and I leald me: together, the night
on which the murder w.ss committed, and parted
At ten o'clock, :o meet ag.:in at the deceafcd's
about one o'clock. They nit: accordingly. Terry
awed I leald in wettinig into a window, up one'
pair of (lairs; 'Ferry a zerwards let up fumething
againfl the host c, and climbed lip after Heald.—
Tiiat after Several blows being hock at the de-
ceafed, Heald took a razor, and he Terry held her I
head. In a fliort time Terry had Lis hand cut, and !
adv.fed I icald to decal, as he had got enough, and !
would then go to the door and lu,.k if all was fife;
upon Lis r‘tu:a f cuncl 11:41t1134J got the de-'

ecared into the adjoining mom, aid was tray;ng
her over the head with the tongs, 'limn which he
told him to defift, and come away, and there
would be no more about it ; alfo that when Heald
was brought into the room after Terry had made
the confeffion, Heald faid to him, Terry, I
thought thou would not have deceived me fo, thou
knows I was not with thee ;" to which Terry an-
fwered, .4 Thou knows there is a GOD above that
knows all." A fecond time Heald a(ked Terry,
why he should deceive him? and laid, Thou had
better lay it upon fomebody die." Terry re•
plied, .. I will not hang an innocent man : thou
knows there was but us two, and Guu fur our
witnefs." _ _

Shaw the conflable, on hearing Terry's confef-
lion defired him to tell him at which window he
I looked out to fee if all was fafe ; he pointed it out,
and Shaw found the imprellion made by his hand
I in blood upon the bottom of the window tram:: to
' correfpond with the flue of Terry's hand.
Mr. Brooke, the Coroner, corroborated the pre-
ceding evidence.
John Wood (Deputy Conflahle) proved his ap-
prehending Heald ; that he told him he wascome
for him, without telling him fur what 'Talon.—
Heald feemed alarmed, and laid, What me !my
mailer can clear me ; and it was only a hanging
matter ; when he locks the door nobody can get
out ;" that he denied having been in Terry's com-
pany for nineteen weeks ; that the witncfs obferv-
ed upon Heald's cheeks the fcratches, as if done
by tfinger nails, and alfo a lump upon the upper
lip, as if done by a finger nail (licking into it, both
which appeared to be freth done ; that upon the
prifoners being brought to York Cafile, Heald re- ,
peatedly laid, " Johnny, thou !halt never hear
work of me, than that I die hard."
. _ .

Thomas Webiler alfo defcribed the Rate of the
window in Artle's houfe, out of which it is fuppof-
led Heald let himfelf down, and alio the manner
of fattening the doors in the houfe, and that there
was no difficulty for any perfon to get out at
pleafure.
James Wraith, Tafkmafter of the Houfe of Cor-
reflion, proved, that in converfation with Terry,
he Paid, that Heald often afked him to do the deed
before he would confent to it, and that if they could
get the deceafed's money, it would do very well
for them—that Heald had got married and want-
ed money to go to houfe ; and that it was very
eafy to come at. He then told the particulars of
the murder to witnefs; that upon witnefs telling
him that Heald denied his guilt, he Paid, that if
witnefs would look at Heald's face, he thought he
would find it fcratched, for he heard Heald fay,
" d—n het, fhe fcratches my face ;" that he took
particular notice of Heald's face, and °Mitred
three or four frells fcratches, as if done with finger-
nails. Witnefs afked him how he came by thefe
fcratches f to which he made no anfwer. Saw
feveral (pots of blood upon one of the prifoner
(Heald's) llockings.
Mrs. Artie (Heald's mi(trefs) proved that the
feratches upon Heald's face did not appear the '
day before the murder, bet that the obfetved them
the next day t that on the morning of the mur-
der Heald called upon his matter about four
o'clock, and told him he heard a noife in the lane,
and that Dame Smith was murdered. Heald's
apron had Rains upon it like that of blood ; but
had been waflied; his miarefs never obferved that
before.

The Learned Judge then fummed up the evi-
dence to the Jury ; and as it appeared there was
no doubt of the guilt of Terry, he dwelt princi•
pally up& the circumllantial evidence againft the
prifoner Heald.—The Jury pronounced both the
prifoners—Guilty.
The Judge then, in the melt folemn manner,
pronounced fentence of death upon them.
During the trial, and at the time the awful fen-
tence was paired, Terre behaved with propriety,
but was not the leaft affected ; but, we are lorry
to fay, Heald appeared perfeltly ignorant of his
fituation, often looking round the Court, and to
the lall part of his trial, !hewed uncommon hard-
nefs in his behaviour.

Monday fe'nnight being appointed for the exe-
cution of Heald and Terry, early in the morning
of that day, the Rev. Mr. BROWN, the Ordinary,
attended them in their cell, in order to adminißer
the ficrament, when Terry informed him that
Heald was innocent ; on which Mr. BROWN Rated
to them the leading fans that were proved againft
them upon the trial, and referred to Terry's own
confeffion of the manner in which they Lad perpe-
trated the murder: Terry &id, "that he had been
induced to make that confeffion, as he had been
told that he fhould thereby fare his own lifq ; but
he now declared Heald to be innocent, and that
he would not be hanged with an innocent man."
In confequence of this declaration, the Ordinary
thought it his duty to inform the Judge of this
extraordinary circtimilauce; but his Lordfhip was
fo perfealy fatisfied of Heald's guilt. that he or-
dered the fentence to be put in execution. His
Lordfhip, however, humanely fent his Marflial,
Mr. Wells, to attend the prifoners, wiih a difcre-
tionary power to refpite the execution, Ihould any
circumllances appear to him, refpeaing Heald,
that would jollity the meafure. Mr. Wells was
convinced, from the converfation that paired, that
Terry was not (peaking the truth, and, in confe-
quence, they were left to their fate. In proceed-
ing from the cell to the drop, Terry exclaimed
aloud, that Heald was innocent, that they were
going to hang an innocent man. and appeared to
have worked himfclf up to a Rate of frenzy and
diflraElion.

We never witneficd, en their being brought on
the platform, a fccnc of more brutal Itubbotnnefs
than was exhibited by Terry, for as loon as he
had afcended, he went forward to the front, and
exclaimed, in a loud voice, " They are going to
hang an innocent man ; (meaning Heald) he is
as innocent as any of y ou ;" on uttering of which
he immediately made a fudden fpring, in order to
get down the ladder, which he certainly w(.uld
have effeEted, had he not been laid hold of by the
Clam m tn. While they were pulling hint bacl:,
lie again etc! limed, 44 It was I that murdered the
woman. I faid it was Heald; but I did fo to lair
al own lit: ; aLI wcald not any of you band at

Innocent man to rave your own life " which he
repzt:::d. adding, " Dan't hang Head : if you
do, I (hall he guilty of two murders." The
gyman then proceeded to d.) his duty, to which
Terry paid no attention, but continued very
morons. notwithAanding the intreaties of Heald,
not to clam ive him of the 1./...nctit of the prayers ;
but Terry was not to be re Ilrainci ; and it teas
from :he tartv;:t cxertitms of five or tie nom that
he could be dragged to the drop, and the
forced over his 112. d ; daring w!;:cii he :ore nk lii;
cap ; a::d .it the mornont when ti.e platform fu::;:,
which put all eta to the life of Heald, Terry ni t.it
a fining and threw himfilf againft a ra ii of tine
Icalrald, got his foot upon the edge of a beam, a•td
caught the corner pod with his atm, by which he
loprorted Eimfelf, and in this dreadful titration hz
continued far about a minute, till he W3S torc•:d
off by the ex:cutionae, and launched into eternity,
with his face uncovered I I.leald met death with
compolure, and never attempted to deny his god..
The probable reafon for Terry's wretched beha-
viour, was either to delay the execution, or by de-
claring an innocent man was going to fuller, he
withed to excite the compailion of the numerous
fpettators and induce them to attempt a refcue.
Tha bulincfs 'at York Cattle doled on Saturday.

LONDON MARKETS.
CORN-EXCHANGE, FRIDAY, MARCH 21.
R.ETURN of WHEAT in Mark-lane, including only froti
the 12th of March to the 19th of Mach.
Total—(.l t 8 Quarters. Average ssa.
a'. 6!d lower than laR return.
!PROM THE LONDON OOZE l'T r, SA f UEDA/. MARCIE 7p,
Average price of Corn in Lngland and Wales, from the siss
turns ending the nth day of Mach, 1803.
Wheat. Rye. I Barley. I
d.Oats. I Beans. Peak.
s. d. s. d. s. d. s. . s. d s. cd.
ss 8 35 4 23 10 18 7 32 6 36 cd.
The average Price ef Sugar, computed from the Return.
made In the week ending the 16th of March,lB.-.3,ii 396.314.
per hundred weight.
PRICE OF IICPS.
Kent 91 les 70.1C1 I Kent 91 1.^3 TO Itl
Sofres 9110 s to 91 Iss SulTcx 81 iss to tot est
Elfea 91 06 t• 91 91 Earn. 721 05 t 0141104
SMIIIIFIELD, March at.
To link the ofht!—per Rolle of 81h.
Beef 4$ 0,1 to 5$ 4d I Veal ss a& to 6s 64
Mutton ss cd to Os 4a Pork 4s Htl to 5'6 44
NLWGATE and L'EADENHAI.I„ March 21. *
Per (tone of 6111. by the ca.:ale.
. _

reef 33 4d to 41 4dl %Cal 33 4d to 6s oil
Mutton 41 od to ss od Pork 4s od to St 411
Stock at Market this day—Bcaßs 21-o
—Sheep B,ooa.
PRICE OF TALLOW IN LONDON.
St. James's market 43 sd Town Tallow vas 6d toes
Clare Market 4s 4d Rulha ditto (ca 7ss od to on
M'hltecsapcl Tfarkct Ruffia ditto (;hap) 6as to 7311
(per &c to of 815.) 41 4d Ikleltcd C:uff 381 od to sae
--- Ditto rough 41s od
Iss id Greavts cd toms
Average Price 41 4 y Good Drees toe to 011
Yellow Soap, 735. to 13.—M 4tt led, S6s.—Curd, cios.
Price of Canllu per dozen, cd.—Moulds, Its. od.
PRICE OF HAY AN/ STRAW, Minis It.

Smithfield. St. James's. Wlriterhapd.
o.llsl 5 3t06t0 l 5 40 to 7 7014 10 tO 7 0 •
Straw tt6to 2 5 2 10 to 114 0 4 tot 10 •
Clover 3 12 to 6 t t 6toto 7 la ea