The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-08-25 00:00:00

RECEIVING STOLES PROPERTY

Samuel Horrocks, 36, who had been tried and acquitted on
in indictment last Wednesday, with Joshua Kirk, for burgla-
iously entering the dwelling-house of James Clare, at Fails-
vorth, and stealing therefrom a quantity of spirits, was now
ndicted for having received the same, knowing them to have
)een stolen. The witnesses and evidence were precisely the
same as on the former occasion. The counsel having mis-
stated the day on which the goods were alleged to have been
tr. Lilt p. lava., ' a pusatssion, the latter expressed a wish
Lo be permitted to ask that gentleman some questions. The
- - a. n 4,4,1 nn iittla annll•arrtant et them
Peter Kelly,

20, was indicted for having feloniously stab-
ounded Rosannah Morgan, with intent to do

, .
her some grievous bodily harm

Ir. Henderson conducted the prosecution. The prisoner

Mr. HENDERSON stated that between two and three o'clock
on the morning of Sunday, the 21st of June, the prisoner
kith Rosannah Morgan and two other women were in Bird-

street. Some angry words passed between the prisoner and
the women, and he struck Morgan, who ran away. She re-
turned again, and passed into an entry. The prisoner was
seen with a knife and again struck her, on which she. Called
out that she had been stabbed. No search was then made ;
but there was afterwards. No knife was found, but the
who saw it called out to the prisoner to throw-it away.
The woman was wounded, and was taken to the Dispensary.
The wounds were not only grievous but dangerous, and she
remained under surgical treatment two months. She was
here at the commencement of the assizes, but was not now
forthcoming ; but he should be enabled to prove the case
without her assistance. As to the provocation which the pri-
soner had received, it would be well for the jury, in consider-
ing it, to take into their consideration also, not only the na-
ture of the instrument, but the sex of the party injured. He
then examined the following witnesses :
John Kennedy—l live in Toxteth-park, Liverpool. On
Sunday morning, the 21st of June, I was in New Bird-street,
between one and two o'clock. I saw Rosannah Morgan there.
Any Gibson was with her. We went with John Fagan up an
entry to a public-house to get some ale, and were joined by
another girl. Kelly followed and struck the girl that came
last, wha ran away. Rosannah Morgan said, " Kelly, you
should not strike me that road." On that, he hit her with
the back of his hand on the face. The blow *ss a very light
one. Gibson and Morgan laid hold of him by the jacket,

and they fought for two or three minutes, and Kelly was
knocked down. The girls run down the entry, and out of
the street, and Kelly pursued them. Shortly afterwards
Morgan ran again into the entry, and Kelly after her. They
got to fighting in the entry "a second time ; and, after being
engaged a considerable time, Morgan called out that she was
stabed. I was within a yard of them, but saw nothing in
his hand. I cannot swear that I said before the magistrates
I saw a knife in Kelly's hand. Ido not know whether he
had one or not. I told him if he had such a thing as a knife
not to use that, but throw it away. The police came up and
took them all into custody, and conveyed them to Bridewell.
I did not see Morgan bleeding.
Cross-examined—The girls knocked Kelly down, dragged
him through the channel, and kicked him, and he cried,
" Murder." I did not see them strike him with a stone, but
they tore his jacket and shirt. I did not see them go up any

r entry

Re-examined—This was before he had struck Morgan and
the other girl. The latter had run away with a shilling from
him. After he was knocked down the girls ran away. About
ten minutes elapsed from the time they began fighting to
Morgan calling out that she was stabbed. _

Andrew Conolly, police-constable, stated that he came up
when the cry of murder was raised. Morgan was bleeding at
the breast. She was conveyed to the Dispensary. Kelly was
taken into custody about a hundred yards distant. Witness
searched him when Morgan told him she had been stabbed,
but found no knife on him. He examined the place after he
had conveyed the prisoner to bridewell, but found nothirig.
He produced the clothes worn by Morgan at the time of the
occurrence. _ _

Andrew M'Clellan, one of the house-surgeons at the
South Dispensary. When Morgan was brought there, he
examined her person. She had received three wounds.
One on the right side was a punctured wound of about an
inch in depth, and rather less than a quarter of au inch long.
A penknife might have inflicted the wound. He could con-
ceive nothing so likely. Her clothes were cut. The wound
was close to the false-rib. He should have -considered it
dangerous to life. There was a cut on the left shoulder about
half an inch in length. It was superficial. She had also a
cut on the index finger of the left hand. Witness attended
her at home for four or five days. She required active treat-
ment for the first twenty-four hours, and was slightly in
danger during that time. There were symptoms of inflam-
mation. After the first shock to the constitution had gone
off, she began to recover. The wound on the belly was in a
very dangerous place, if it had been carried further.
The prisoner said the women had taken a half-crown from
him, and used him very ill. He called
Sarah Cunningham, his sister, who saw the latter part of
the affray. The three girls had hold of him. She loosed
Gibson and Kennedy's hands from his.neck. He was nearly
hoked, and his tongue was out. Morgan said she would
- - Nothing was then said about the stabbing.
police came up immediately afterwards.
Cross.examined.--Witness did not see a knife in his pos-
-ion all the week. When she got to thecorner of Jordan-
, she heard the first about the stabbing. Her mother
ran for the police while she loosed the woman's hands from
his neck. She was present when the prisoner was before the
magistrates, but did not tell this story then, as she thought
she could do him no good. She had been to bed, and was
aroused by the disturbance.
Elizabeth Matthews also deposed to the ill-treatment
which the prisoner had suffered from the girls. She had
gone out to fetch some ale. He was shouting for the police,
and she ran to his house and told his mother. Kennedy
cried out to the women to "go it." She was not before the
magistrates, not knowing that it would be of any use.
Kennedy was recalled, and said he did not encourage the
women to beat the prisoner, as he saw they were too many
for them the first. lie had not his hand at any time on the
prisoner.

choke him

The JUDGE summed up, and the jury found the prisoner
guilty of a comtnon assault. His lordship said that the pri-
soner had been acquitted of stabbing in its aggravated form,
but had been convicted of doing so without a felonious intent.
The practice was unfortunately so prevalent, and so danger-
ous, that it was his duty to mark it, whenever it occurred,
with the severest punishment. The sentence of the court
was, that he ahould be imprisoned in the House of Correc-
tion, and kept to hard labour for eighteen calendar months.
STABBING BY WOMEN.
_ _

Mary Ann Cain, 19, and Mary Ann Lacy, 18, were in-
dicted for having cut, stabbed, and wounded William Cun-
ningham, with intent to do him some grievous bodily harm.
There was a second count, charging Cain as the principal,
and Lacy with aiding and abetting.

Alta for the prosecutfon, I

Mr, littAie and Mr. Mtlr
The prix nerg were utidgroaded
The prosecutor lives in Preston-street, Liverpool, On the
44th of June, Lacy lived at his cellar ; Cain, on that day,
Went to see her, and threw herself on the bed where the
prosecutor was lying. He got up and sat on the table, and
his wife would not let Cain lie there. She went out very

much provoked, but soon afterwards returned. Lacy went
to the door to wash some linen, and Cunningham desired her
tO do it inside. She was much irritated, and threw hot water
and mud over him. At last she told Cain to get a knife from
the cupboard and stick it into him. Cain did so, and in-
flicted one wound in the cheek, another in the neck, near to
the jugular vein, and one in the breast, which penetrated a
considerable depth. Cunningham deposed to these facts, and
Was cross-examined by the prisoners as to whether he had
liot acted improperly in his house, and ill used Lacy because
she would not comply with his impure solicitations. He de-
nied all the imputations.

Mrs. Carr, a neighbour, corroborated some parts of pro-
Aecutor's statement.

John Carney, a provision dealer, living in the same street,
deposed that he met Cain with a woman named Careful, a
few hours after the occurrence. Cain was very tipsy. Care-
ful said that Cain had stabbed Cunningham. On going to
Cunningham's house, he found him wounded and fainting
from loss of blood. A knife was produced by a man in the
cellar, but witness saw no blood on it.

Cross-examined.—Cunningham's is a lodging-house where
women of the town live. He saw Lucy drunk at ten.

Nicholas Bowman, a police-officer, produced the knife.
He saw Cunningham on the bed, bleeding from the wound in
his breast, and apprehended the prisoners. They had been
drinking, but were not then drunk.
Mr. Thomas Brandreth, house-surgeon at the Infirmary,
said that Cunningham was brought there about seven o'clock
in the evening. He was in a very exhausted state, and his
pulse very feeble. He gave him stimulants. There was a
wound an inch and a quarter in length and scarcely half an
inch deep on the face, extending nearly to the mouth. All
the muscles were cut. There was another superficial wound
in the neck, near to the carotid artery ; and one on the left
side of the chest. The latter was an incised wound, over the
cartilage of the third rib. It was dangerous to life. There
had been a stab and cut in the same stroke. _

The prosecutor, on being recalled, said the knife was usu-
ally kept in the cupboard or knife-box. It had been left
there about two hours previously.
Cain told the jury that she merely struck the prosecutor in
self defence, after she had interfered, as he was ill-using Lacy,
and he bad attacked her with the knife.

The JUDGE having gone through the case, the jury retired,
and were absent an hour, when they returned with a verdict
of " guilty of cutting and stabbing, but not with intent to
murder. They considered it to be something more than a
common assault, but not to that extent."

His Lognsnip-explained that the intent to murder was
not laid in the indictment, but the intent to do some grievous
bodily harm. They must therefore reconsider their verdict.
They might find the prisoners guilty of the felony, of common
assault, or acquit them altogether.
The jury again retired, and returned in about forty mi-
nutes, with a verdict finding Lacy guilty of the felony, and
Cain of misdemeanour.
The JUDGE told Cain that her offence had been one of a
very bad description, and he had his doubts whether he ought
not to transport her for the term of fifteen years; but, con-
sidering her sex and other circumstances, he was not disposed
to deal hardly with her. The sentence of the court, there-
fore, was, that she should be imprisoned and kept to hard
labour in the House of Correction for three years. Address-
ing Lacy, he said she had not been found guilty of so aggra-
vated an assault; but she had used very improper language,
though she had not struck a blow with so dangerous a wea-
pon. She would be imprisoned and kept to hard labour in
the House of Correction for six calendar months.
The costs of prosecution were allowed.
RECEIVING STOLEN GOODS.

Joseph Arm.fleld, 40, was indicted for having in his pos-
session, knowing it to have been stolen, a decanter, the pro-
perty of John Deardeu, of Houghton.
Mr. Buss stated the case for the prosecution. The pri-
soner was undefended.

A burglary was committed in Mr. Dearden's house on the
night of the 13th of May, 1839, and the decanter, which was
a part of the property stolen, was sold by the prisoner to Mr.
Whitehead, of the King's Arms, in Ashton-under-Lyne, for
six or seven shillings. The prisoner told Mr. Whitehead
that he bad been employed to sell it by a respectable neigh-
bour who wanted money. Mr. Whitehead kept it until May
last, and then gave it up to Newton, the constable of Ashton.
The prisoner said he had it from a man named Slater, who
was transported for ten years, at the last Chester Spring As-
sizes, for the burglary, and he did not know it was stolen.
He had washed the jugs and glasses in the bar, at White-
head's often since. and might have destroyed it had he enter-
tained any suspicion. He had no witnesses but Mr. White-
head, who gave him a good character, and said he had his
perfect confidence, and was allowed to go into any part of
his house at the time he employed him.
The jury, after a short deliberation acquitted the prisoner.
The JUDGE allowed the costs.
BURGLARY.

Isabella Wensley, 17. was indicted for having stolen three
sovereigns, four shillings, one brush, and other articles, the
property of Morris Yacoby.
Mr. BRANDT appeared for the prosecution. The prisoner
had no counsel.
The prosecutor is an auctioneer and jeweller in Ashton-
under-Lyne. The prisoner had been in his service about a
fortnight prior to the 3d of May, when she absconded with
the articles in question during the night, breaking out of the
house for that purpose, which by the law is a burglary. The
prosecutor traced her to Liverpool, and they were found on
her person and in a box in her possession, on the Wednesday
following.
The jury found the prisoner guilty.
Sentence deferred.