The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-04-05 00:00:00

CROWN COURT.-THURSDAY.

Mr. WiLtuNs called his Lordship's attention to the situ-
ation of Messrs. Philip Kay, of Ashton-under-Lyne, currier,
and George Harding, of the same place, shoemaker. These
persons had become bail for a person of the name of Eden,
who had been committed on a charge of having committed a
rape. A few days ago having reason to believe that Eden
was about to abscond, they went to Duckinfield for the pur-
pose of surrendering him into custody, when they were
grossly deceived by the prisoner's attorney, who told them
that an application had been made to the Court of Queen's
Bench, who had quashed the proceedings against the prisoner.
Eden had since absconded. The learned counsel concluded
by moving the Court to enlarge the bail till the next assizes.
The counsel for the prosecution having stated that there
was no objection to this course,
His LORDSHIP directed the facts to be stated on affidavit,
and the bail would be enlarged, and a bench warrant would
be granted for Eden's apprehension.

BURGLARY NEAR ASHTON-UNDER-LYNE.

James Shaw, 31. James Taylor, 24, Thomas Greenwood
alias Hartley, 27, and John Hulme, 28, were indicted for
having on the 20th December, feloniously and burglariously
broken into and entered the dwelling-house of the Rev. Jos.
Smith Roberts Evans, at Ashton-under-Lyne, and with
having stolen therefrom two pistols, a powder flask, and a
variety of other articles, the property of the prosecutor.
Mr. Brandt and Mr. Whigham appeared for the prosecu-
tion, and called the following witnesses.
Rev. J. I. R. Evans.—l live at Woodfield, near Ashton.
On the night of the 20th December, or rather at three o'clock
on the morning of the 21st, I was awakened by Mrs. Evans,
and was about to proceed down stairs, but at her request se-
cured the bed-room door, and threw open the window, and
called out " Thieves." A. man on the outside called out,
" Oh, you're there are you, if you don't hold your noise I'll
blow your brains out." I heard the noise of footsteps on the,
stairs, and placed my back against the door. I heard a noise
as if they were trying to force open the door with'a lever. I
got a loaded pistol and threatened to shoot the first man who
came into the room. One of them told me to fire if I liked,
and they would murder us. At last I fired the pistol through
the panel of the door. I had previously heard one of the ser-
vants scream out murder, and as soon as I fired I heard a
whispering, and the men presently went down stairs. I went
down into the study with the intention of getting a brace of
pistols, which I usually kept there. I found that they had
been stolen. I got down a double-barreled gun, and found
that an entrance had been effected by the cellar window.
A quantity of wine and brandy had been stolen. The wine
cellar door had been forced open. There is a door at the
top of the cellar steps, which had been forced open. A large
quantity of papers were strewed on the floor of the study.
The bureau was forced open, and its contents tossed about in
the utmost confusion, arid a brace of pistols (one of which is
a double-barrelled one) were stolen. On proceeding to the
dining-room I found that some coins belonging to Mrs. Evans
had been stolen. I went to bed between eleven and twelve
o'clock.

Ann Cowell examined by Mr. BRANDT.—I am in the ser-
vice of Mr. Evans. On the night of the 20th of December,
I went to bed at eleven o'clock. The outer cellar door which
was secured inside by a large oak bar, had been fastened. I
was awakened by the voices of men who appeared to be in-
toxicated. One of the men came to my bed-room door. I
slept over the back kitchen. I heard the voices of more than
one man on the stairs. I heard my master and mistress call
out for assistance, and presently afterwards, I heard the
pistol fired before the men went. I heard the clock strike
three, whilst the men were in the house.
Samuel Warker.—l keep the Albion Inn, in Ashton. On
the forenoon of Thursday, the 20th of December, Shaw and
Taylor, were passing my house. I spoke to them, and went
with them,. I was with them all day. At half-past two, we
were joined by Greenwood, and by Hulme, at five o'clock.
We were drinking, and when Hulme came we began to play
at bagatelle. We went to my house about ten o clock, and
they went away nearly all together. They had no money that
I saw, for I gave one of them sixpence to pay for some ale,
which he had had, fearing that my wife would grumble.
Cross-examined.--I never saw Hulme with those men be-
fore in my life.
Hulme.—Shaw worked for me.

Witness.—Shaw sent Taylot for Hulme, and Taylor said
he did not know Hulme. He then told him to ask for
" Iron Jack." I have seen Shaw and Taylor before to-
gether, but never saw Greenwood with them.
Hulme.-1 asked Shaw why he had not been at his work,
and Shaw said he had been after some pigeons. I then paid
for some ale for him.

Witness.—Yes, you did pay for some ale. We had been
after some pigeons. Hulme left the house about one o'clock,
and came again at five o'clock, and had some cheese.
Shaw asked Hulme to give Greenwood some. Hulme then
staid with the others till they went. We went with Hulme
to Droylsdendale, to were he worked. I never heard any.,
thing said about a robbery whilst Hulme was with us. I did
not hear you bid the others good night.
Hulme.—You were dozing. After we left the house, I
never saw the men till we were before the magistrates, on
Monday morning.
Mrs. Mary Hyde Cooke.—l live at Hurst. On the morn-
ing of the 21st December, about ten minutes before six
o'clock, I was on my way to my work, when I saw four men
coming from Ridgehill-lane, from towards Mr. Evans' house
to Hurst. They were about three quarters of a mile from Mr.
Evans' house. There is a footpath from Hurst to Ridgehill-
lane. I met four men, one of whom was Shaw. The men
were drunk, and one of them, who I thought was Taylor,
pushed up against me. I held up my lantern, to look at
Shaw's face as he passed by. _I have known Shaw two years.
I don't know the others, except the one in the fustian jacket.
My husband was about two yards before me.
Cross-examined by Taylor.—l know you by your dress.

Hulme.—You swore to me at Ashton.
Witness.—No.
On the depositions being read, it appeared that the witness
said Hulme was like one of the men.
Witness.—lf I said so, I was mistaken. I said he was
like one of the men, but I could not swear to bim.
Henry Hyde Cooke.—l was with my wife on the morning
in question. We met four men. One of them was Shaw,
and another like Hulme, with a light coloured round jacket
on ; but I did not see his features. He was about the same
size. A man dressed like Taylor pushed against my wife.
The fourth man was about the same size as Greenwood.
Shaw had a heavy bundle. The men were crossing Ridge-
hill-lane to Hurst. We only watched them about 20 yards
on the road to Hurst.

Cross-examined.—My wife is mistaken about the colour
of your jacket : you had the same dress as you have on now.
Shaw.—There is a difference between thy wife's statement
and thine. I had the same jacket On that I have now.
Examiriation continued.—l never knew you to be in cus-
tody before. I have known you 20 years.
Hulme—You said on the Monday morning you had never
seen me before. You cannot get over that.
Witness.—l said I would not swear to you; but you were
like one of the men.

Thomas Bradshaw.—l worked at Mr. Whittaker's, in
Hurst. I was going to my work on the morning of the 21st
December, when I met three men on the footpath. Two of
them were standing still, and one was walking. Shaw was
one of the men. One of the men said to the other, " Jem,
it's a d—d. weight." Shaw replied, "It is." They appeared
to be rather intoxicated. . _

—lferiryflrandon.—l live at Ashton-tinder-line. About
eight o'clock on the morning of the 21st December I was
near Perry's beer shop, at Hurst. I saw Shaw and Taylor
there. They were drunk. One of them asked me to go into
a public-house, and Taylor got hold of me. A man named
Hulley was with me. We went into the public-house, and
called for some ale. Taylor produced a bottle and asked
me to drink, saying it was very good stuff. It was brandy.
He pulled a bottle of port wine from his other pocket, and I
tasted that also. Shaw produced a threepenny piece, which
he gave me. He also gave me a silver snuff-box for my bro-
ther. Shaw also produced two pistols ; one of them had two
barrels, and Shaw fired off one of the barrels.

William Tipping.—l am a warehouseman, and live at
Hurst Brook. On the 21st December, about two o'clock
in the afternoon, in consequence of information, I and New-
ton, the constable, went to Shaw's house, and found him in
bed. His wife gave me a bundle, which contained a pistol
and some other articles, which were given to Newton, the
constable, Samuel Newton and John Ashworth, constables
of Ashton, also assisted in searching the prisoner Shaw's
house, and John Ashworth stated that he had found a single-
barrelled pistol.
Robert Newton, jun. a constable,. stated that he went to
Taylor's house on the day in question. He found Taylor
and Greenwood both asleep in the house. Witness charged
Taylor with having committed a burglary, and he said he
knew nothing about it. As witness was taking the prisoner
to the lock-ups, he told the prisoner that it was a serious
charge, and he might please himself whether he said any
thing about it. He said that ".it would make one do any
thing, for he had only the Thursday before threatened to pull
Stanley (the overseer) over the desk, because he would not
give him any thing. Witness found some bottles of wine
lying near the bed where Greenwood was sleeping. Witness
shook Greenwood, who was evidently in liquor. He wanted
to drink the contents of a bottle which was in the fire-place,
and which contained wine, and also attempted to drink out
of a pint mug, which contained a mixture of wine and coffee.
After some resistance, witness succeeded in securing Green-
wood's waistcoat, which contained a silver coin, and some
other articles in the pocket. He had a deep cut on his hand,
which he said had been done with a knife.—l showed Shaw
the things which had been found in his house, and asked
him how the pistols. &c, had come there. He said that he
had met Taylor in Cricket's-lane, Ashton' and Taylor had
given them to him. Taylor said be had found them in a
field near Kenworthy's coal-pit, and Jemmy (whom witness
supposed was Shaw) was with him, and he had given him
some of the things. On the Saturday night, witness and
Rowland„ another constable, went to Hulme's house, in
Dukinfield, and whilst there they heard a rattling of bottles,
and heard a female voice, saying, " the constables are come
for thee." Hulme came out of the back door, and was
taken by witness. On searching the fire-place, two Jemmies
or burglars' crow bars were found, and a number of keys,
and a lock-saw. lip stairs I found a Lucifer match, and a
bit of cotton, of which the prisoner and his wife denied all
knowledge. He admitted having been at Walker's beer-
shop, andlad come home in company with a man named
Jack Williams, and directed his wife to bring Williams
before the magistrates. Witness asked him to point out the
house where Williams lived, but he refused to show witness
where Williams lived. _ _

Rowland, the constable, of Duckinfield, corroborated the
evidence of the last witness.

Gatley, the constable, produced the crow-bars and shoes
of Hulme, and stated, that upon applying the large crow-bar
to the cellar door, he found that the claws of the crow-bar
fitted to the marks on that door. The smaller one fitted the
marks on the cup-board door. Witness also fitted the
" Jemmies" found at Taylor's, and found that they fitted
marks on the two cellar and parlour doors. There were some
foot-marks on one of the beds in the garden before the bed-
room window, and he found that Hulme's shoes exactly cor-
responded. •
Hulme—My Lord, and Gentlemen of the Jury, I declare
before God and man, my shoes were never there till they
were taken there by Gatley.
Mr. Evans stated that he had observed several foot-marks
under the window on the morning after the robbery,
Mr. Matthew Owen, deputy constable of Ashton-under-
Line,—Remembered the shoes of the other prisoners, found
thal they corresponded with some of the foot-marks; none
of the shoes of the other three prisoners fitted the single
foot-mark found by Gatley ; it corresponded with Hulme's
shoe. The party must have stood with one foot on the
gravel, and the other on the soil.
_ _ _

Mr.' Evans identified the pistols, powder-flask, keys, silver
sugar-tongs, silver-handled knives, and some articles of plate
that were produced.
Taylor admitted having been present with Shaw and Green-
wood at Mr. Evans's house, and upon his threatening to go
away they said they would blow his brains out. He went
with them in consequence of starvation.

.
Shaw and Greenwood denied all knowledge of the robbery,
the latter saying that Taylor had made his statements in order
to save himself.

Taylor here called out that Greenwood had offered him
£lO. to say nothing about it.
Hulme stated that when he left the other prisoners, he met
with a man named Williams, who saw him home, and denied
all knowledge of the robbery.
Hulme received a good character from Mr. Brooks, one of
the jury, also from Rowland, the constable ; and Taylor
likew's3 to character.

The jury found Shaw, Taylor, and Greenwood guilty ; and
Hulme not guilty.
Mr. WHIGHAM stated that there was another indictment
against the three prisoners who had been found guilty in the
last case, for a burglary near Oldham.
His LORDSHIP then sentenced Greenwood, (who had been
previously committed) to transportation for life, in the second
class of offenders ; Shaw to ten years transportation ; and
Taylor, two years imprisonment in Lancaster Castle.