The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-08-17 00:00:00

POLYGAMY.

Philip Peat, aged 35, was charged with having at Mottram,
feloniously married Ann Armstrong, his former wife being
still alive, and with having afterwards married Sarah Lunn,
his former wife being still alive.
The case was tried before, when there appeared some
doubt as to whether the first wife had not been previously
married. The prisoner had, at all events, it was supposed,
committed bigamy by his marriage with the second and
third wives.
Mr. Brandt appeared for the prosecutor, and Dr. Brown
for the defence.
First,
case presented some extraordinary circumstances.
it was suspected that the first wife had been previously
married in Scotland. Since the prisoner had left her she
had also married again. The second wife, Ann Armstrong,
had• also' married again to a person named Atkinson, since
the prisoner bad left her; and in addition to this, the pri-
soner had also married a third wife, with which he now' stood
charged. No evidence was offered that the first marriage
was unlawful.
The jury found the prisoner Guilty, and he was sentenced
to one year's imprisonment
RIOT AT WlGAN—CllAßGEnOLFar:AaLsitcetroCcsas:ylec,
utroTbiNeok.ept
to hard labour.
Three .0e
an
inaaans,l
andarvin, and Borne, were
charged ng feloniously
intent to maim, disable, and do grievous wounded John Payne, on Monday maliciously cut and
.e
ebko' at d
k. Wigan, h withree
offence as committed against others, but tl:is (L.
were two other counts in the indictment, charging the
putth
the of the
prosecutors upon the choice • • •
position of the offences
which should be tried.
Mr. Hutton conducted the prosecution; M Roebuck de-
fended the prisoners.
James 'Woods stated that he was a special constable of
Wigan. On Monday week he was in the Scholes at Wigan.
He saw William Ileath, a constable, who charged him to
assist him. There was a procession coming down the
Scholes. It was a procession of clubs. One was a sick
club. They passed, and some men turned out of the back
streets, same with tongs and pokers; they ran amongst the
procession and began to ill use them, and took the colour
staves and broke them over their heads. Brennan was there
amongst the aggressors, very active. earviu he did not see.
The members of the sick club ran away. The constables
got information, and witness went with Hindlev. They went
to a public•house, kept by a person named Dendley, and as
they entered he saw the prisoner run up stairs. Witness
and a man named Lancaster followed them. They were
standing at the top of the second flight of stairs. Brennan
had a mortise chisel in his hand. Home had a poker, and
Garvin had a bedstoek. Brennan shook the chisel, and said,
" You if you come up stairs, I'll kill you!"
Witness asked then; to give themselves np. They
were at length compelled to go for more assistance.
Payne went to their assistance, . He went first up
the stairs; and witness followed. Brennan struck at
Payne with the, chisel on the head. The blow was severe,
and it bled. The others did not use the weapons which. they
held. They got stools to protect their heads, and went up
stairs. Garvin and Horne struck left and right, and broke
the stools. They could not get up stairs, and they got liberty
to go through the wall of the next house, and look at them.
Cross-examined by Mr. ROEBUCK.—There was a mule in
the procession. It had colours on. It. had an orange colour-
ed lily on its head. The club was never an orange club since
he could recollect.

William Ileath, a police-officer of Wigan, stated that he
was in the Scholes at Wigan on Monday week. He saw
the last witness, and charged him to assist bum. Witness
described the disturbance similarly to the last witness.
Cross-examined by Mr. ROEBUCK.—Witness apprehended
many of rioters on the spot. He found great difficulty in
preventing the mob from striking some of the prisoners
who.were taken. Some of them were struck.
Lancaster stated, that he was a special constable
at Wigan. In consequence of information which he received
he went with the first witness to Hindlev. Witness described
the circumstances that took place at Pennington touch as
Woods had done. When Payne was struck he fell, and wit-
ness said the other prisoner also struck, and they all felldown
together.

'John Varley stated, that he was charged by Mr. Whittle
to assist in quelling the disturbance at Wigan. He went to
Hindley with the others. This witness also described the
occurrences at Pennington. He stated that he was struck
by sortie instrument on the head.
By Mr. ItoEnucK.—There was a great crowd outside the
town, and the crowd was very angry, and swore to have the
prisoners brought down.
John Pyke produced the chisel with which the blow had
been struck. The handle was broken, and. witness proved
that it was whole that morning.
Mr. Richie, a burgeon at Hindley, stated, that when Payne
was brought to him, he found an artery divided, and extrava-
satian under the scalp. Payne was at first in a state of con-
siderable danger, but he was now recovering.
Mr. Rolinucx said this was one of those unfortunate cir-
cumstances arising out of matters which not unfrequentiv
occurred in that part of her Majesty's dominions called Ire-
land. In this country we regarded such circumstances with
that horror which he hoped ere long all would feel who lived
under the same laws with ourselves. While such occurrences
excited our horror, they must also claim our pity, for the in-
dividuals to whom he alluded had strong feelings on some
subjects. The learned gentleman went on to remark on the
circumstance of the intention of parading a mule dressed in
orange lilies. It was, he said, a very nice point, whether
the capture were as legal capture or not, as the constables
having suffered au interval to elapse, ought to have had a
magistrate's warrant. He urged the jury to consider the hue

and cry that was outside the door, and the threats of the po-
pulace, whereiiv the prisoners were alarmed, and determin-
ed to resist. lie therefore hoped they would give a verdict,
as was in their power to do, that this was a common assault.
His LORDSHIP, in summing up, said be thought certain
parties were too fond of keeping the people in mind of their
Provocations on such slight subjects as a few orange lilies
being placed on the head of a mule. He did not think this
was a fresh pursuit, and, therefore, there was no occasion fur
a magistrate's warrant.
The jury found the prisoners guilty of wounding, with in-
tent to do grievous bodily harm. Sontence deferred.
Prey' si

riously to the rising of the Court, his Lordship passed
the following sentences

William Harrison, for having been possessed of base coin,
15 years transportation.
]Francis Peat, for bigamy, six mouths' imprisonment.
Joseph Smith, for bigamy, one year's imprisonment.
Mary Whittingham, for bigamy, nine mouths' imprison-
ment.
The Court adjourned at a quarter past six o'clock.

NISI PItIUS COURT.—YESTERDAY.
(Before It4r. Justice Williams.)
Ills Lordship took his seat at uiue o'clock.

PYE V. LIVERPOOL AND LEEDS CANAL tiOMPANY.

Mr. Cresswell, Mr. Cowling, and Mr. Starkie appeared for
the plaintiff, and the Attornwy:General for the defence.
This was an action brought by the plaintiff, Mr. James Pye,
against the company of the proprietors of the Leeis and
Liverpool Canal. The declarations charged the defendants
with having assaulted the plaintiff, and given him into the
custody of a police officer, and falsely imprisoning him. To
which the defendants pleaded not guilty.
It appeared, that the plaintiff is. a tenant holding a farm
under Charles Scarisbrick, Esq., of Scarisbrick, at Alston,
on the banks of the Leeds and Liverpool Canal. By the act
10th of Geo. 3d., which enables the Leeds and Liverpool
Canal Company to cut their canal through the various pro-
perties, the company agreed as a kind of compensation to
the various proprietors through which their canal shoUld be
cut, the privilege of carrying manure of a ceitain descrip-.
tion along the canal, on paying a farthing a ton per mile,
and that coal, dung, or turf to the villages or townships
through which the canal passed, should go by the canal free
of all tolls whatever. The same act also provided, that on
the payment of the prescribed rates,. the public shal4 have
free use of all the private roads, locks, cuts, and so forth of
the company. It appeared, that notwithstanding this provi-
sion, the Canal Company had been gradually encroaching
on the public of the various hamlets, through which their
canal passed, and demanding tolls, and rates to a large ex-
tent, contrary to the statue. This, it was then determined,
by some of the inhabitants to resist. Accordingly, on the
nth of April, the plaintiff having purchased a large quantity
of manure, gave the requisite notice, that she should Pass
through the toll gate with, the manure, and unload it on the
wharf of the company, for the purpose of. loading. The
company were in the habit of letting trilling leaders of ma-
nure to go free, but on those who led much, they attempted
to make their first stand of encroachment. The plaintiff
loaded three dung carts in Liverpool with manure bought
of a nighlman named Printon; and at three o'clock in
the morning of the 20th of April, the plaintiff, along
with the carts, went to the proper entrance to the Canal
Wharf in Phillip•street, for the purpose of unloading the
Manure, when he found a chain drawn across the street, and
his carts shut out. He waited for some time till he saw se-
veral carts allowed to pass, and he then himself demanded
to pass with his carts. This was refused by the agent, a per-
Son named Abram, who demanded hall-a-crown a load, or
refused to let the carts pass. The plaintiff said he would pay
nothing,o• and if Abram would not let him go through, be
would break the chain; they still refused, and the plaintiff
then took a hammer out of his pocket, and said they were
obstructing him in his right, and he would break the chain;
and he accordingly broke the hook of the chain. Upon this,
Abram gave him in charge to a policeman, and he was car-
ried to Bridewell at four o'clock in the morniug, and con-
fined in a room with " the better sort" of prisoners till ten
o'clock in the forenoon, when he was conveyed before Mr.
Hall, the police magistrate, and was by him immediately
acquitted.

Considerable evidence was gone into, to show that Mr.
Scarisbrick's lands were cut through by the canal, and that
his tenants, for the benefit of his lands, had a right to ex-
emption from toll; and that therefore the plaintiff was not a
tresspasser.
His LORDSHIP gave his opinion that the Company could
not be guilty of an assault; and the Company were given
the benefit of his lordship's decision.
The defendants' counsel proceeded to ascribe the whole
proceeding to the unauthorised act of Abram, and contended
that if the plaintiff had wished to raise the right, he should
have gone at a seasonable time, and done so to some of the
principal officers of the Company.
His LORDSHIP, in summing up, said undoubtedly the
plaintiff had suffered the imprisonment, and the liberty of a
freeborn Enlishman was not to he taken from hint with
Th impunity. e jury would give such damages as the punish-
ment and degradation of the imprisonment called for • at the
same time they would give the damages temperately, dis-
creetly, and with moderation and proper deliberation.
The jury, after a short consultation, found a Verdict for the
plaintiff—damages, £5O.