The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-08-24 00:00:00

HIGHWAY ROBBERY

William Stanley, William Taylor, and Samuel Kirk were
inditted on a charge of having committed a highway robbery
at Dukenfield, on the person of John Hadfield. Stanley and
Taylor pleaded guilty. The evidence adduced, therefore,
mainly affected Kirk. The attack was attended with great
violence, and, consequently, included the capital charge.
The prosecutor had his pocket cut off, and his watch and
some money were taken. The prisoner was found guilty.
The JUDGE said, that the law required that judgment of
death should be recorded against them, though their lives
would be spared. He should make such representation to
the proper quarter as he deemed proper. He might say,
however, that Stanley might expect transportation for a long
series of years, that Taylor's term of transportation would
be shorter, and that Kirk would be imprisoned.

John Whitworth 24, and James Butterworth, 25, were
charged with having, at Blatchinworth and Calderbrook,
feloniously committed a rape on the person of Mary Harper.
There was another count, charging Butterworth with having
aided and assisted Whitworth in the commission of the
offence.

The female, on whose person the offence was alleged to
have been committed, was, it was stated, an idiot, and, there-
fore, could not he produced tra a witness. Her father stated,
that she was 42 years of age ; that she had a stroke when she
was three years of age, and could hear but could not give an
answer. The prisoners sent the father (an old man) to a
distant public-house on two occasions, and, during his
absence, the crime charged was supposed to have been com-
mitted. The woman generally sat in the " nook," being
lame, and unable to move much about. On his return, on
the last occasion, witness found his daughter and Whitworth
on the bed in an indelicate position. He (Whitworth) got
up and said, " Old fellow, you've catched me. I know I've
done wrong ; but if you'll say nothing about it, I'll treat you
to a pint or two of ale any time." He said, such a crime
could not be made up in that way. Butterworth was stand-
ing by. He said, he had had nothing to do with her. She
could not have got to the bed without assistance. She knew
nothing. If meat were placed before her, she would starve
before she would take it of her own accord. She had a child
once before, but it never could be found out how it happened.
The old man, who was much affected, concluded by saying,
he hoped his Lordship would have mercy on his fellow-
creatures, (the prisoners,) who had not before been guilty of
crime.

His LORDSHIP said, that there were some doubts whether
the offence amounted to the offence charged, inasmuch as the
female was devoid of mind. She could not give her consent
in words. There could be but little doubt he thought, but
that crime had been committed. If they considered the rape
made out against Whitworth, he should refer the case to the
consideration of the twelve judges. If they did not so find,
there could be no doubt whatever that an assault had been
committed. With respect to Butterworth, though it was
odious in him to stand by, it did not appear that he had in
any way aided and assisted the other, and he must, there-
fore, be acquitted.
The jury found the prisoner Whitworth guilty, and But-
terworth not guilty.
His LORDSHIP sentenced Whitworth to twelve months'
imprisonment and hard labour, the last week solitary con-
finement.

John Finnigan, 29, was charged with having, at Hindley,
committed a rape on Eleanor Molyneux.
The prisoner was manager of a mill at Hindley, belonging
to Mr. Walker. The prosecutrix, who is twenty years old,
was employed at the mill. She stated that the prisoner or-
dered her to an upper room to clean a window. He followed,
and carried her forcibly to another room, when he forcibly
committed the offence. She added, that she cried out, but
there was a great noise in the mill at the time. She after-
wards told Mary Collier.

Mary Collier said, the prosecutrix came to her that night
full of trouble, and with tears in her eyes, and told her what
the manager had done. Witness asked her if she would
tell her father, and she said she would not, for he was ill,
and it would distress him. She did not see Mr. Walker that
night, as it was too late.

Gross-examined.—She told me the manager had taken
liberties with her three times before. I asked if she, had
told her sister of the present assault, and she said she had
not. Persons in the room below would hear any cries made
in the room where it happened. The prisoner was appre-
hended in our house. We allowed him to remain there
some days. _ _

The piosecutrix's sister said, that she (Eleanor) told her
on the evening of the 23d July what had been done to her
by the prisoner.
A constable apprehended the prisoner on the 9th August,
at Collier's house. His wife was there. He (witness) dis-
covered him in a closet under the stairs. On being told
what he was taken for, he fell on his knees and begged to be
let off for the sake of his wife and family. He afterwards
said he would give all he possessed if he would not take him.
On being told again what he was taken for, he said, " No,
I did not ravish her, for I had connexion with her before."
He said be had given her money, and she had gone against
him because he had not paid her then.
The jury found the prisoner guilty.
His LORDSHIP said that the law still considered the
offence as capital, butthe prisoner should have death record-
ed against him, and he would consider what punishment he
should suffer.

THE MURDER CASES

The JUDGE, in reply to a question from Mr. Wilkins,
stated, that the first trial for murder, that of William Jenner,
for the murder of his wife and child, will be brought up on
Tuesday morning, and that the other murder cases will be
proceeded with without interruption.
The Court rose at half-past five o'clock.