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

LIVERPOOL SUMMER ASSIZES

CROWN COURT.--FRIDAY.
learned JUDGE (COLTMAN) entered the court precisely

STABBINC

worth, aged 19, was indicted for feloniously
aiding John Cheetham, with intent to do him
r bodily harm. The prisoner who was in an
state of health, and apparently not long fr sr this
dent of his juridical danger, was accommo-

it when placed in the dock.
peered for the prosecution, and Mr. Murphy
The prosecutor, it appeared, had been
night of Sunday, the 29th March, at a beer
or ten o'clock he came to the house of the
w, Geo. Cooyer, in Moss-lane, Ne-
A dozen men, including the prisoner,
that Cheetham had been listening at the
great offence to the party, and a personal
One of the men, named Bentham, was
n, and knocked down. The prisoner then
is pocket, and declared that if any one
be would be the death of him. He flour-
Cheetham's head, and was knocked off.
Lie and Cheetham knocked him down,
dle they were on the ground, the pri-
times, in various parts of the body.
nore than an hour that night, and on
d to send to Dr. Formby for his

seoutor, John Chectham, was examined to these
subsequently cross-examined by Mr. Murphy. He
"-- doctor accidentally at the Rev. Miles

lothwell gave similar evidence.
aby, of Liverpool, stated that he was at his bro-
's, the Rev. Miles Formby, at Melling, on the
ter the occurrence, and saw Cheetham. He ex-
is wounds, and found a stab directly upon the
le. It was of slight depth. as the bone has a very
covering, and was stopped by the bone. There

t upon the wrist and another upon the thigh, and the
D was marked. None of the wounds were deep. They
lently inflicted with a knife. There was a cut in his
Frock. three or four inches long. It corresponded

;tab on the hip.
am, on being recalled, stated that there were five
is frock after the affray. One on the breast, one
hip, and one on the lower part of the skirt.
1111P11r addressed the jury for the defence, stating
were certain circumstances of palliation in the case,
noved it from the ordinary charges of stabbing. Se..
er persons who were standing by and witnessed the
ancc had not been called, because it was apprehended
would so have varied the case, as to endanger the
in. He contended that the knife had only been used
resort, when his life was placed in imminent peril,

e following witneses
tswortb stated that he saw Cheetham knock the
n and fall on him. Cheetham appeared to be
down. John Rothwell came up at the time,
.... his foot upon the prisoner's head. Witness
in his hand at the time he fell. He should have
it had there been such a thing. He heard him use no ex-
about stabbing. He was near enough, and should
:ard it it it had been said. He saw Mrs. Cooper pul-
eetham away from the prisoner.
3 -examined. —He did not see his brother with a knife
;wing. Cheetham knocked him down without any-
..aving been said.
Re-examined.—Cheetham had previously knocked down
Bentham

that eve

JUDGE.—The prisoner had no altercation with
..... He asked Cheetham what he had knocked
Bentham for, and he said he would serve him the same,

Ind did so immediately.
Mrs. Anne Cooper, wife of George Cooper, and sister of
the prisoner, remembered the party leaving her house. She
heard the noise outside, and, on looking out, saw them all
squabbling in the lane. She afterwards saw the prisoner on
the ground, and Cheetham upon him, with his knees on the
prisoner's breast. He appeared to be pressing on him.
John Rothwell had his foot on the prisoner's head. She
tried to pull Cheetham away, but could not quite get him off.
Cross-examined.—She saw him after he was off, but did
not see that lie was cut. Her brother had been out of the
house about half an hour, during which time the disturbance
continued. She did not see whether her brother had a knife
that night, or whether he had one at all.
William Bentham corroborated the evidence of the other
witnesses. In answer to a question from Mr. Murphy, he
said that Cheetham and Rothwell were very stout men ; the
prisoner was of slight stature and frame. Cheetham struck
some boys who were there before he struck Unsworth.
Thomas Moss gave similar evidence, and added, that Cheet-
ham pulled his frock off before he struck the boys. He heard
no quarrelling until the blows were struck. They were
t king for a quarter of an hour in a friendly manner. He
saw nothing of any knife, nor did he hear of any wounds.
'Witness did not see Cheetham put on his frock again. He
had it on when he went home.
John \Villasey, John Garner, Richard Moss, a farmer,
and Mr. Browne, a solicitor, in whose service the prisoner
se him a character for being a mild, inoffensive

oung man.
Dr. BROWN remarked on the contradictory nature of the
nce, stating that, according to the testimony of the
,sses for the defence, there had been no stabbing at all,
io knife used, and that Cheetham Mid no frock on,
cuts were on the frock and the wounds had been
It was impossible that the jury could give ere-
__ _ie defendant's witnesses, without believing that
,se for the prosecution had perjured themselves.
The learned JUDGE put it to the jury to say, whether the
:r had wounded the prosecutor, and whether he had
in necessary self-defence, his own life being in danger,
no means of retreating.

iter a few moments' consideration, returned a
generally—the prisoner having used the
..-uetence, conceiving his life to be in danger.
JUDGE allowed the costs on application, and ordered
toner to be discharged.

it guilt

RECEIVING STOLEN PROPERTY.
1 florrocks, 36, who had been tried and acquitted on
went last Wednesday, with Joshua Kirk, for burgla-
ntering the dwelling-house of James Clare, at Fails-
d therefrom a quantity of spirits, was now
tor 4.4

a. The witnesses and evidence were precisely the
a the former occasion. The counsel having mis-
day on which the goods were alleged to have been
Lie prisoner's possession, the latter expressed a wish
iitted to ask that gentleman some questions. The
the application excited no little amusement at the

STABBING A WOMAN

Peter Kelly, 20

, was indicted for having feloniously stab-
It, and wounded Rosannah Morgan, with intent to do
grievous bodily harm.
-son conducted the prosecution. The prisoner

Mr. H END ER3ON stated that between two and three o'clock
m the morning of Sunday, the 21st of June, the prisoner
with 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
'Jut that she had been stabbed. No search was then made ;
but there was afterwards. No knife was found, but the per-
son 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

-I live in Toxteth-park, Liverpool. On
morning, the 21st of June, I was in New Bird-street,
Jetween one and two o'clock. I saw Rosannah Morgan there.
Nita Gibson was with her. We went with John Fagan up an
to a public-house to get some ale, and were joined by
girl. Kelly followed and struck the girl that came
who ran away. Rosannah Morgan said, " Kelly, you
lould not strike me that road." On that he hit her with
le back of his hand on the face. The blow *as a very light
ine. Gibson and Morgan laid hold of him by the jacket,
Ind 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
.fighting in the entry a second time ; and, after being
,aged a considerable time, Morgan called out that she was
Abed. I was within a yard of them, but saw nothing in
tis 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
tot to use that, but throw it away. The police came up and
ook them all into custody, and conveyed them to Bridewell.
did not see Morgan bleeding.
Cross-examined—The girls knocked Kell, down, dragged
im through the channel, and kicked him, and he cried,
Murder." I did not see them strike him with a stone, but
ev tore his jacket and shirt. I did not see them go up any

another

-exam'ined-
,ther girl.

—This was before he had struck Morgan and
The latter had run away with a shilling from
After he was knocked down the girls ran away. About
a minutes elapsed from the time they began fighting to
Morgan calling out that she was stabbed.
Andrew Conolly, police-constable, stated that he came op
then the cry of murder was raised. Morgan was bleeding at
he breast. She was conveyed to the Dispensary. Kelly was
aken into custody about a hundred yards distant. Witness
searched him when Morgan told him she had been stabbed,
hut found no knife on him. He examined the place after he
had conveyed the prisoner to bridewell, but found nothing.
He produced the clothes worn by Morgan at the time of the

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 an 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 bad 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
' Inger during that time. There were symptoms of intlam-
. After the first shock to the constitution had gone
,egan to recover. The wound on the belly was in a
__gerous place, if it had been carried further.
The prisoner said the women had taken a half-crown from
!11, and used him very ill. He called
Sarah Cunningham, his sister, who saw the latter part of
array. The three girls had hold of him. She loosed
;on and Kennedy's hands from his neck. He was nearly
:ed, and his tongue was out. Morgan said she would
:e him. Nothing was then said about the stabbing.
police came up immediately afterwards.
rocs-examined.—Witness did not see a knife in his pos.
ion all the week. When she got to the corner of Jordan-
et she heard the first about the stabbing. Her mother
for the police while she loosed the woman's hands from
ck. She was present when the prisoner was before the
rates, but did not tell this story then, as she thought
uld do him no good. She had been to bed, and was
d by the disturbance.
abeth Matthews also deposed to the ill-treatment
the prisoner had suffered from the girls. She had
ut to fetch some ale. lie was shouting for the police,
e ran to his house and told his mother. Kennedy
iut to the women to " go it." - She was not before the
;rates, not knowing that it would be of any use.
,nedy was recalled, and said lie did not encourage the
to heat the prisoner, as he saw they were too many
n the first. lle had not his hand at any time on the

The JUDGE summed up, and the jury found the prisoner
guilty of a common 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.
• e was a second count, charging Cain as the principal,
b • cy with aiding and abetting.