Star.
London, England, 1817-08-01 00:00:00

4srsars..
‘YORICe itOn siAT, tosi ,

• .. •

. .
- • CROWN stet.--eseUes's WAGE!.
th of Be. yetAey, in the county of torir,
labobrar,'Was indicted foto transportable misdemea-
nour, in ;having fraudulently and enlawfully signed
andtrommitted apetition or application to the Tres-
sitrer,pr Paymaster of his Majesty's Nasyy,44lself
represebting.bimself to be the nearest of#ipati? Rich-1
ertrilielitiblan; his brother, deceased.beloOgin&tihig.,l
riffljtafiscihip HORATIO, as cockswaiM"rn iirdettro
obtain a certificate from the inspector, tifiiiebnetOs
wills and powers, to take out letters of administration
to the effects of the said Richard Herdsman, as his
net" of Ain,. be (the said John Herdsman) knowing
that bis deceassii brother had a son Deism, who was
hitileat cif kiM when he • made the said application.
The indictment recited the application, which w.ss in
the printed form as prescribed by Act of Parliament,
the.breocb of which constituted the prisoner's offence.

Mr. Turners addressed the • Jury, explained the
nature. of the Sd sects of the Act of 55th of the King,
against Which this offerice.was committed, and re-
counted' the eircuntstantei of the prisoner's conduct.
By the section in question it was enacted, that if any
person represents herself or himself to be the widow,
the son, Bcc. or next of kin to a deceased seaman,
falsely and fraudulently hi an. application to the
Treasurer, the Paymaster. or Commissioners of at
Navy, in order to obtain a certificite, and to be ena-
bled to take oat letters of administration to the effects
belfroging to the deceased, either as wages or prise-
, ney, she or .be commits an offence by which they
louse the penalty of transportation for seven years.
The degrees of relationship which constitute the next
of kin are there enumerated, the widow being the first;
is ease of no widow, the child ; in case of no child.
father ;• in the failure of a surviving lather, the
brother; and so on. In this case the prisoner, who
was the brother of the deceased, represented himself
to be next of kin. though he knew that the deceased
left a son who had a. preferable claim. The forms
prescribed by the act require the Paymaster or the
"Treasurer of the Navy, upon any application for a
certificate, to send down t 6 the Minister of the parish
in which the claimant resides, a copy of the petition
and of the certificate, together with a letter, enjoining
him:toss-Mame the claimant as to his righera
obtain dos, testimony of two respectable hatrttfKMtlets
among his parishioners, as to the relatiortrhiprek"*
claitnantanislit ;he deceased; and after filling I* die
blanks 'with" the necessary information attairelniy
himself, and the two inhabitant householders, to return
the petition and certificate to the Navy-pay Office.
All these forms were complied with on the present
occasion, and the pi isoner would have obtained the
object of his application, and would have proceeded
to take out letters of administration, which would
have subjected him to. a capital punishanent, hadthe
tertificate not been stopped, upon an.upplicatiop to
the. Navy-pay office, by the son of the deceased and
the nephew of the prisoner.. The prisoner, therefore,
gained no advantage by his traudutent attempt, but
be had nevertheless rendered himself liable to the
Realties of the statute. The-Learned Counsel pro-
diked to call evidence of this statement. • 1
- Robert Stewart, examiissiiktMr, Rios. depuedl
thatbr was a clerk in the ticket office of the Navy:l
tied, and produced the stiuiter-book of the ship
Maim from that office. for December, 11116, by
Add& Sc appeared. that Richard Herdsman, the de-
ceased, bad entered that ship, and was rated cock-
twain on the 4th of September, 1815, than heeras
born at Hull. that he wits.aged 44 years. and that be
died on the 96tli of Decembei; 1816. having lade.
overheard, and that at the time of his death there was
dee in wages. £2B lb. 11;d.
• Thomas Ballow, clerk in the Navy-pay office,
=tined a petition sent to that office in. May last,
a person calling himself J:,hn Herdsman', next
.of kin to Richard Herdsman. describing theresiduce
of the said claimant. Two letters were aCC4c4118417
'not Urßrirley, one addressed to the vicar 4fitiir
164 Nei ter. R Rigby, and thi
Puttying him to go to the miossitto. god
•
VW S. Rigby. vicar of Beveriey,iiipoiedo
that he reitaved.the papers Mentioned liatuthe office
utak Treasurer of the Navy, with blankitUise filled
up by him. John Herdsman. the prisoner, called at
his house three or four dayi. afterwards, end stated
himself to be the brother and next of kin to Richard
Herdsman. The prisoner then asked witness if be
bad received any paPees relating to him in that:sopa,
city from the Treasurer of the Navy Office; saYing,..
at thesame time, that there was a good deal of money
due to his deceased brother at the time of bla death.
.Withers told him to produce two respectable inhabit..
140 householders to attest his claim in terms of the
%Wine, and the prisoner, going away, soon returned
with. R. Ox.ihy add Thomas Slilpstpc,, whom wieners
knew to be respectable men. 'He then asked the pri-
soner the necessary questions. if his `brother was mar..
slid? if
.te had left a widow if he bad left any
children ? to • ascertain whether be ersis•next of kin;
and he replied that be was nustied.tint that be had
left' neither widow.nor cbildretvand.thar he (the pre..
Una) was the only surviving brother, and hid the
Preferable tide to the effects of the deceased. Having
accordingly filled up the blanks, on the prisoner'S
disunion. and having subscribed the certificate him-
self, u well is the two witnesses formerly Unnamed,
to returned the papers the same 'day to the Navy
Office. as directed.

.1. dhipssOn confirmed the evidence of the last wit-
ness, as far as be was concerned hi attesting the pa;
pets, and -hearing din proper questions eat d. He
knew tbe d -enamel, and the relation betweee him and
the prisoner t and as he had been told' bfthe latter
that dm:former had left no child, he command. t,
aign•tha Vertifiesta. • •
VlrsUinitailpkins, a victualler in Holl;- IS* Ilhy.
prisoner with kis nephew. George Herdsman, the
sop of theakabstmed, on the Bthol May lastimet4iis
house,.and heard the prisoner mil his nephew'thatidi
father, Richard Herdsman, was dead, as he:
learned by a letter, and that there was money left,
which be was going to get for him. The nephew
said he should be very glad at the event of obtaining
the money. The relationship of this person to the
cleaned was then, proved by the certificate of die
marriage of his father with Mary Perlis% ea the Ist
opt January, 17911, and by the registry of bishiPtins,
as the son of Richard and Nary Herdsman, on the

• ,
fid of May, 1799. as Well as by Jade lobes% Who
Was present-at his birth.
Oeoege Herdsman, the son and next of kin to the
deeeatted, deposed, that he remembered conversing
with his uncle about the death of his father, and the
money that was due tit him at the time of hit decease.
His uncle shewed bins letter, confirming the report
of his death, which be had heard from another guar
ter, and aikederitnesa if he would allow bico.to go
halves With .hisk. if he could procure the unmet ?
Witness 444,1wi1id not know whether he would- or
not, apAststainkrdid not consider himself av having
given his SUOMI!, to this offered agency. H. how=
ever, did not object strongly. •-
The Prisoner, in his defence said, that he under-
stood himself to be acting by the consent of his
nephew, and that be had promised to the boy's grand-
mother. to send intelligence of his success as soon as
he should obtain the money. It was difficult to un-
derstand either the account gives by the uncle or the'
nephew, or how far the former might have thought'
he had obtained the concurrence of the latter in the
steps which he took. The discovery of the boy's
prior claim was made_ by the Navy Office, from a
letter addressed to it by the person to whom the ne-
phew was apprenticed. The prisoner produced several
witnesses to character.

The Judge. Mr. Baron Woos, in somminbo, tip to
the Jury, said, the representation was certainly false, i
but there was some doubt as to its being fraudulent,
from the communications which the prisoner bed had
-with his nephew, which were not very consistent with
a dais to defraud him; though, at the sone time,
I the account that he gave to the clergyman, and the
1 two householders-who attested his certificate. seemed
to favour that supposition. As the prisoner had pro.
duced several witnesses to character, who spoke
highly r,f his honesty, this circumstance should have
some weight in a question of fraud where the evi-
dence was.acs very clear.—Not Guilty.
. : XfANSLAUGHT2II.
.
..t..sver Ferrer and Fraiscir Briggs, both of Watley, in
the parish of H.alifits, in the county of York, labourers,
were charged, with killing and slaying George Ho.
Worth, !strum; in the same parish, by kicking and
btnising him on the evening of the Bth of May last,
of the consequences of which violence he died on the
16th of the same month. A second 'count charged
the prisoner f aver With being the principal' tn.tl4it
ftlony, AO 10w as the accomplice. . ..,,,. z, 1
brK.Werfai ~fdrsed the Jury. and detaite4 e
eitidentia . Ise should "bring forward in support lit- c
pyqceontitin.:,:t•H • • . ..;41 1,,
Harriet .lionturth, the datighter of the dacease, I
deposed, that there was an altercation, on the morn-
ing of the Bth of May, between her family and the
prisOner Ferrar's.wife ; and that her father, who had
gone out to his work afterwards, returned in 1.1,r
reviving intoxicated. Seeing the prisonek Ferrar in
this state, lie asked Mm what he had to say against
his (the deceased's) family, adding, I tLink of ill to
nobody, I wish ill to nobody, and I do ill to nobody; 'I
if; therefore, any one has any. thing against me, or
my family, let him come forth and I will give.blm
air ale* him the first bur, meaning blow. Fairer
upon-that stripped his jacket kid his hat, and the
deceased likewise put off his smoelt.frock.' Witness•
'tried td part.them, but the prisoner having struck
"-retsitittl'itt ha fatheit,"ittrriiit with his right
.handy on the left temple, a blow-which Made him•
stagger. After this the deceased closed' .with him,
and grasped him by the knees, falling back on the
steps of the stair before his house, when the prisoner '
gated him bay the neikeloth, and kept thrintltng him.
Her father was a-top of the prisoner, and she. tried to
part them in 'vain. When she was endeavouring to
part them, Briggs, the other primer, prevented ha.
A crowd collected, and most of them seemed against,
witness and the deceased. Her father struggled to
get up, while Ferrer kept. throttling him. At.last
he got up, quite exhanned ; and while he sat down
on the steps with his head on 'his hands, and his
elbows a his knees. the two prisoners kicked .01131
weevilly.; Famagigiaing him six kicks in the tibt 401
his feet. on yr ielhdie wore clogs. and Briggs .olsei
ethile ibitAd roan' could not defend hignselta:nDast
Hallowell friiiiiert* enjoying the battle ;. and what;
at:wonsan aria Oth Co pm them, he said, ‘,.t10,, tat
us Silt the fight; 4et Ferro.•si peg George,"teanirig
the deceased.. .Witness said her father' went td bed ;
and though up for two or three days afterwards,
. never recovered, and died eight days afterwards.
ON her cross examination this witness declare&
that Ree father did not 'return the blows.giren biro ;
that he, was so drunk that he tould scarcely siand;
that fifty or . sixty people were- there, end saw 'the
.violenee without endeavouring to . prevent it ;."that
hes:lather never offered to compound the matter=
and that he never toek.any Dinar afterwards but two
glasses of gin, whrilt he *re* tip Immediately. The
doctor eras not called In till•the amain of his death.
Beni lasts, "rho lives in e Bighert storey:Ot Ferran
house, and next door to thtt of the,., deceased, con.,
&Ma' lids statement in most of its citcurnsulaces,..
' Jeasesofitratford. the Surgeori of Olorley, deposed
to of the deceased. when he was called' to
-attind 'girt on the 16th of folayaia Aras then breath.
itsg•stitli dificifty,' and cordplaking-of 'great pain..
-Witness examined Ma pena. 'aid' bY'ibe creiiitiliorif
thi fraactured honirefound that .tiro•of his ribs were
broken.. Witness told- the deceased that he-was a
dyliiinian vivid receiVed, from him, afterti,arda, an
aecount of the bruises to which the deceased "mi.
moans
hit pair„' Ind-his danger, trithoet tiamiii die
OrriOns .rho' inflicted them. Winiesi, after hit del
alum. opened the .body, found great inlanvitatta
assi the pleura and lungs. and the, two rihr.brokea.
'He had no doubt 'the ribs were broken.lay external
!Iffelencei-that the isifiannuition weft caused _by the
fracture; and death was -the consesnentey the in-
Ilatoniation• In his 'orosi:etantination'..thiriltssesi.
Maid the tibt ml/466 from the appearance okilse-sideti
',. biokeOltilliall.lll-vrell as by kicking. : :2.1:a I-.,:
"-A nutibet of isiroessea were called for thetiefairil
all deposed to thederistased's ,being the ag t--
-and thigh stage% llama the tiro, though*/
than. therarieemer Ferrar, and a little ititolitsi
cited. Ow of thesswitnemee, a butcher, describe&
the battle with great minuteness and apparent seats.
faction: * He did not try to part the combatants, but
stood all the time with his handi in his breeches
pocket's He wished to interfere,
man, two yards high, and
invented "him. • He did nor.,
drunk, tics'/dap 'itater,irstiygevere
the eld man able to lira two of

is ottlinerY eh.' etinistailiesl sad the degree dt ininii-
-eatiod in whir', ht was did no: ttimitiisli his pokier's
“ t eel. itieself .it•Phlc (said the trionesi) *hen I can
40 notlitog i bilk. ill*, /fated I tight best."
The Judge In eitremine up ;Ade Ilia, the eeidenee
for the defence . did hat fare the case; thotteh it were
all true; for if bid Men fi,..f,t by =steal ei.nsent. and
if one kills the other, die swatter it guilty of man.;
slau, hter, thareiii• less' Alegre eared. the cpiestiod
here therefere4il4,lid the bruises °dation the death
of the deceased, ettlil of thls there cold be Mt*
doubt. Noose.' of A% evidehee affected Briggs.--
*Ferran—Gdilta r-.Btlege—N•a Guilty.
.. .
JUL' 29.
Irilliadi K;at, , of the township or Sheffieldiedgez
tool maker, was indicted for the wilful murder of
Sarah Trippet, on the• morning of the 4th of June
last, by giving her several wounds with a fire-poker;
in his own house in Shell ld. on that day.
Mr. ft AUDE addressed the Jury for the ptoiecptiona
and detailed the circatnstancer of tis *otiose ease.
The prisoner was An edge-tool marei in Sheffield;
the deceased, though dot his wife, ebhabi-ed with hint
as his wife, and bore him two cbildren. She bad
been formerly married to a person who had subs,-
qiiently enlisted into the army, and went ebroad.
nor five years previous to het death she had cohabited
with the prizotier. Her *husband had returned la ;bat
interval, but owing to some compromise between hint
and the prisoner, she remained with the latter; and
was by the• neighbours. who were not awaintof the
circumstances; considered in every
,respect as his
'wife. No quarrel was heard of between, ,them ;ill the
morning of the 4th of June. when the dreadful set
was perretrated.• The prisoner had slept at home on
the night previous, but though what had happened
in the course of it was not known, he was seen by
one of his neighbours, walking the greet' in an agi-
tated state. in the morning about six o'clock. Im-
mediately after, he returned hcme, and had not been
in the house above half in hour, a hen. the neighbours
were alarmed with dreadful skrieks and groans. The
door was in consequence.' broken. open, and the pri-
soner was found in an tipper chamber, partly undie,-
sed, standing over the bed mi which was the liklagled
body of his wife, with i hhiikly poker cleitched•firmly
in both his hands, whq. 'tile evidences of the bossed
*deed whichhehad just,eanitnitted were seen in the
tdiscid that sprOtkatie.thrwinthows, and the brains of
the deceased; *MK were-seittered" over the bed-
clothes, and be:villa/1i two infant elliWaea. The per.
ems•who Ent savithilienves terrified at. his meniciatt
Attitude, andieuraideria stairs forbis own safety. Nor
I did be relent when .the deed seas perpetrated. When
l•
he heard that there-were still some symptoms of life
in the deceased) fie replied by saying he hoped not.
and seemed to glory in the murder. The facts would
be proved beyond a doubt. The only question was
as prisoner*. sanity : but unless the atrocity of
crime wa. an -evidence- of insanity. no other proof
could be found, after the must active search among
his neighbours, previous to this deed, and the mat
vigilant observation of his conduct since his coat:sit-
ment.. Hewes extravagant and &mitten, when he
was enabled to gratify hie 'propensities bj, high wages
bat thete was no other impeachment of his under-
standing. ' The Learned Coensel ,proceeded to call
witneseetia support of these facts.
John.Clatk deposed, that he-was a wbitesmith at
.Sheffield.• And that he had. knowiethe prisoner for 12
or IS years. He remembered thernotning of the 4th
of lawless and that he saw tie pttioner close to the
place where he (witness) wrought, about five mi-
nutes past sift o'clock in the morning, about 1.51
yards from his own house, Hi was walking back.
. wards and tot was Js on the causeway, apparently agi.
sated. Witness asked him how he did? and was ate.
-.towered shut he was but- poorly. The prisoner was
'then dressed as usual. Witness being questioned as
to the state of the•prisoner's min dining the coarse
Of their 'acquaintanceship said. he appeared to giro -
always sensible, and 'hewed no syaiptuois of insanity.
.22Z,11ia0l Halltoite 4 joiners' tool-ntAer, in Sher.
deposed} tipett4rited nett door to :he pristiner,
eptillaad ksb*n fib** 12 or 14 yeari. The :Kilos.
Ike, lantilyaisefilited ref 'the deceaaed, whets he re.
whited, as hiialtifichild two children; 'themes ribmit
four years of age, add the other in infant three Month,
ohL Witness recollected hearing on the, osornieg•of
the 4th of June, while he himself was in bed, it tireldi
r fel scream from the house of the priaones and.sub-
sequenely two blows, as if on a hard tubstance, lil-
- by two dreadful groans. Witness was alartneti. •
and instantly getting up;ran down Pairs to prisoner's
house. He found ttt door fastened, and Peter Ilan-
.stock, who had slepi in witoesa'a house, together With
Another neighbour, burst open the door. Before they
did so they saw blood trickling down the giltss of the
ppper chamber, in which the prisoner slept. Neither
witness nor Hanstock went up stairs; but Woodcocks.
the neighbour, of whom he had spoken, went
.up,
pad soon alter came down to go for a constable..while
the witness and his acquaintance guarded the door
below. Upon a call from one of the crowd who had
collected, the prisoner came down before•tbe conme.
bit erlived,„:Without h.t, coat, or waistcoat, .hewing
P`ficitei 'iii hieband. covered with blood. Witness
been nothing particular about the prisoner's Ander-.
Stenditig;'eteept that he was rather sullen and food.
lab of ale.' He followed his traditegularly, roved seas
nisidered sensible. Witness never heard (heti:tie
Water and his wife quarrelled, though le ionwohnes
hied awkward expresioni:of late, such as sWeariag
iit-her. •Prisoner nevet4ppeared out of his mind.
George Woodcock, 'Who •fives at Sheffield, about
fifteen or t4l4nty yards from the prisoner's haywire-
membered to have heaid screaming front it on the
Morning of the 4th of June. He went itumediately
so the prisoner's house; he. observed blood on. the
Window: the door was fastened, and witness, After
' • As to' break it open, Went up stairs, whre• he
King; the ;latent stiiiiifiiig at the bed-side, with
poker helde „ oteriittilhoulder, grasped. with
'hands,', ~I )e - f-of his murdered wile
7," across 1r d;;atuf.l a little child close to its
I hea .•:e'rl,,p;;Cexilainie.f. " Good Got,
' Ink ii the knitter, _what are you doing I" Upoa
ofer.
',Mai the prise iiiir-ttirned round to the witness, let-
ting his lett band drop down upon the bed, but grasp-
ing the poker in his riot. Witness looking upon we
bed * seeing the ' •':d .1, Wir•- be-

part the conibatants, but inithe poker in his .rigt;t. Waning looking upon the •
s handl in his breeches bed and awing (be bioc4; cried .0, What have yogi
arferie, -but a tall strong thine Z" svren'tba. prisoner -nude a. 4*!ttlp with .his
I proportionally vigorous, foot and advitnee4 to:Wards witness, W 4 the ;mem.
t. think the deceased quite u the Lauri' thooAht. to its ike hint... Upon this wit.
totem the He thought neos ran down :stairs, and desired the people be'ow
D of the prisoner `Ferny, to secure the door, 11/11;10 he went for the cuas.able I