The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-08-17 00:00:00

SOUTH LANCASHIRE SUMMER ASSIZES

The Summer Assizes for the southern division of the county
of Lancaster, commenced in Liverpool yesterday before the
Right Hon. Lord Denman, Chief Justice of the Court of
tau: en's Bench, and the lion. Sir Thomas Wightman.
Mr. Justice Wightman arrived in Liverpool from Lancas-
ter about live o'clock on Saturday afternoon, and was
received at the Railway Station by Sir Thomas Bernard
Birch, the High Sheriff, in whose carriage he proceeded to
the Court, where the commission was read, and afterwards
to the Judge's Lodgings, in St. Ann's-street. On Sunday
morning the learned. judge attended divine service in St.
George's Church, where an excellent sermon was preached,
by the Rev. Wm. Brown, the high sheriff's chaplain, from
the 2 Samuel, 23d chapter and 3d verse. Lord Denman did
not arrive in Liverpool till yesterday morning.
Lord DENMAN entered the Crown Court at eleven o'clock,
and after the usual. preliminaries the following gentlemen
were sworn on the grand jury :

The Hon. R. Bootle Wilbraham, M.P., of Blythe Hall,
foreman,
Sir Benjamin Heywood, Bart., of Claremont,
Sir Thomas 13rancicer, of Liverpool,
Henry Ashton, Esq., of Wootton Lodge,
Peter Ainsworth, Esq., M.P. ,of Bolton,
Joseph Brotherton, Esq., M.P., of Broughton,
William Browne, Esq. of Richmond Hill,
George Wm, Wood, Esq.,
M.P. of Singleton Lodge,
Thomas Case, Esq., of Thingwell Hall,
J. F. Foster, Esq., of The Priory,
Jacob Fletcher, Esq., of Allerton,
Peter Greenall, Esq., of St. Helens.
Richard Walker, Esq., M.P., of Wood Hill, Bury,
Charles Hindley, Esq., M.P., of Dukinfield,
Thomas Rodiek, Esq., of Gateacre,
Thomas Thornely, Esq., M.P., of Liverpool,
William Winstanley, Esq., M.D., of Woolton Lodge,
Thomas Weld Blundell, Esq., of Ince Hall,
Heywood Jones, Esq.,
Robert Needham Philips, Esq., of The Park,
Shakespear Phillips, Esq., of Barlow Hall,
Edward Lloyd, Esq.,
Charles Orrell, Esq., of Black Brook.
The royal proclamation against vice, profaneness, and im-
morality having been read,
Lord DENMAN delivered his charge to the grand jury as
follows :—Gentlemen of the grand jury, the state of the pre-
sent calendar making it impossible for me to abstain from a
few general observations, I think it right in the first place to
observe that it will be desirable that as speedily as possible
you should apply yourselves to cases otan inferior nature,
which may enable us at once to proceed with the business of
this court. It is highly important that your time should not
he wasted in unnecessary attendance, and still more so that
those jurors who come to try the ;Sines at their own great in-
convenience should not lose more time than is absolutely
necessary for the public service.
Gentlemen, this catalogue appears to present a favourable
specimen indeed of the vigilance and care with which the
magistracy have executed their duties. I have no doubt the
number of larcenies is much less than it would have been but
for the quarter sessions, which are now held much more fre-
quently than they hitherto have been, and without the as-
sistance of which it would be hardly possible for human
strength to achieve the labours imposed upon the judges of

assize.
I have no doubt that the police have been extremely active
in their duties ; but I must say that upon looking at this ca-
lendar, it presents no other subject whatever for satisfaction.
It is a matter of the deepest regret to see, at this time of the
year, when the interval between the two assizes has been the
shortest, and when we have reason to suppose that the suf-
ferings which sometimes lead to crime have not been severe,
a list of this description coming before the judges of assize,
in which almost every crime with which any calendar has
ever been polluted makes its appearance.
In the first place I shall observe upon a felony which has
lately become practically no longer capital—l mean the fe-
lony of violating the person of females. There are two cases
of this sort, one of which is of a most distressing nature, be-
cause it seems to have been committed upon a helpless and
unfortunate person ; and as to the other you will have to
consider with regard to all the circumstances, whether it can
properly be said to amount to the crime of violating the per-
son, of which I need not observe that it is essentially neces-
sary that the person supposed to have been violated should
have altogether dissented therefrom. I advert to these cases
particularly because, as I have observed, that crime in the
month of October will cease to be liable to capital punish-
ment. I think it is quite idle to observe that no judge could
feel warranted in leaving for execution an individual con-
victed of a crime in August which the legislature has declared
shall not be liable to such a punishment in October; but wish
to make this observation, that if any relaxation of the criminal
laws should lead to the supposition that the authorities of the
state are less anxious for the repression of crime, or less de-
termined to carry the laws into effect with full severity, there
cannot be a more dangerous or a more unfortunate error ; and
that if any persons, addicted to criminal courses, should have
allowed themselves to be swayed to any purpose by the no-
tion that such is the case, they will find themselves most
grievously disappointed. It is with the opposite view and
design that these alterations in the law have taken place. I
believe I may venture to state, that in most cases the change
has been attended with most fortunate results, and that the
extent of crime has been considerably less, since there has
been a greater facility of conviction by reason of that change.
When I say a greater facility of conviction, 1 do not mean to
hold out, for one moment, the idea that any jury could be
justified or excused for applying anything but their own good
understanding to the trial of the truth of those facts which
are brought before them ; but still we cannot be blind to the
fact, that human nature is so constituted that where in any
great degree the nature of the crime depends upon the opinion
of the circumstances which attend it, it is impossible for the
fearful contemplation of death being the consequence of con-
viction, not to have some operation upon the judgment of
those who sit with so solemn an issue dependant upon their
verdict. I make this observation with regard to the crime of
perjury, as to which the capital punishment has been re-
moved. I do not believe that crime has been in any degree
extended by the change. I believe that prosecutions have
been more readily taken up by the parties concerned, and I
believe there is reason to hope that the crime has been less
frequent since the law has been relaxed.
But, in the present calendar, there are cases, and numerous
cases too, in which it appears that murder has taken place.
The coroners' inquests have returned a verdict to that effect
upon several occasions, and bills in eases where that has oc-
curred will be preferred before you, on which it will be your
duty to enquire as to the perpetration of that crime. I can-
not help taking this opportunity of observing, that it seems
to me there is one particular case which reflects the highest
credit upon the vigilance of the police, although unfortunately
it does not appear that all who may have been concerned in
the crime are in course of being brought to justice. I allude
to the case of a poor man, a wandering beggar, who appears
to have been murdered in the streets by some profligate per-
sons for the sake of the plunder of his musical instrument
of small value. The great care and vigilance employed to
discover the murderers of that friendless outcast, reflect the
highest honour upon those who have exercised that care.
Some of the parties charged with this crime will be brought
before you, under circumstances upon which I make no other
remark than this, that it is surprising in persons of the lowest
conditions, and even of depraved habits, how much of the
natural feelings of humanity still remain active about them,
and how evident it is that they may be willingly employed in
assisting to prosecute the offenders, and in the detection of
the offence.
Gentlemen, there is no necessity for me to remark that,
in the cases of murder which will be brought before you, the
question is, whether the parties charged have deliberately
taken away the life of a fellow subject. However short a time
there may have been for the deliberation to be formed, if it
existed in his mind at the moment when the fatal blow was
given by him, he is guilty of murder. It is not necessary
that any particularly malicious feeling should be entertained
towards the individual victim. It is quite enough if the party
shews, by his conduct at that moment, an entire disregard
for the life of another ; or if he shews an unfortunate habit
of ferocity, which, I fear, there are several examples of in
this calendar, by which, upon the slightest occasion, you find
that his mind is at once determinately and resolutely per-
forming the most cruel and violent acts ; if they ter
minate in death, the party is liable to be charged with mur-
der. It is with much regret I see that the knife has been used
frequently on occasions of quarrels between individuals.
Those who carry the knife about them, not for their own
lawful purposes, and apply it, possibly in a moment of ir-
ritation, to satisfy some feeling of resentment, but for no
purpose which is apparent, they, by so doing mischief, even-in
case of attack, furnish against themselves the strongest
proofs that they are ready to commit the crime for which
they have been brought to justice upon this occasion.
It also appears that in several cases intoxication has accom-
panied violence. I am, therefore, bound to observe, that
although intoxication may negative the fact of deliberate vio-
lence, it also shews the party was in such a situation that
provocation might be given, and a contest might arise. Those
who enter into situations of the sort, and commit themselves
to the chances of what liquor may produce upon their minds,
also expose themselves to the danger of charges of this
kind, more particularly if they are with profligate companions,
and armed with dangerous weapons. Although intoxication
supervening, or accidentally coming on, may form something
like an extenuation of guilt, it is not, of itself, sufficient to
relieve the party from the charge of the highest crime, if
death have ensued from violence.
Allow me to observe also upon the cases which will come
before you of individuals who fight, and one of them unfor-
tunately produces the death of the other. If, in such a case,
there have been the sort of premeditation that results from
the possession of deadly weapons, the inference arises to
which I have alluded ; but I wish particularly to submit to
you this remark, and I wish it to become generally known,
as an observation that occurs to many of the judges to know,
that the principal upon occasions of quarrels of this sort is
very often not the most guilty, but the least guilty, party.
There may be circumstances to cause the conflict, arising from
sudden provocation ; arising, perhaps, from quarrels and
other things which are very difficult for men to avoid, that
may make their conduct open to excuse ; but the seconds,
the byestanders, those who stand bY, those who encourage
the violence, and still more those who bring it about for pur-
poses of their own, are the most guilty parties ; and I think
wherever quarrels have taken place which have lead to the
death of an individual, it will be highly proper to make a
strict investigation into the conduct of all those who stood
ana give aid
by, for no man can be present at a scene of violence which is
likely to end in death, and assistance to it,
without incurring the dangerf of any crime that he who
struck the blow may commit, death ensue,
There are, I am told, some cases to come before the court,
but the majority of them will not come before you, bills of
indictment having been preferred at the sessions, where death
ensued from violence at some of the late elections. I have
not seen the depositions in those cases, nor is it necessary I
should make any observations on the subject ; but I think it
right to say, that it is quite unsufferable that occasions when
the law calls upon the subjects of this country to exercise the
highest privilege that belongs to freemen, should be taken
hold of by persons as an opportunity for meeting with ferocity
and violence, for wreaking their vengeance for old quarrels
against one another under the name of politics, or under the
agitation of an election, when it is quite obvious that every
opportunity is then given to the worst of mankind to give
vent to the worst feelings that actuate them, and when the
chance also is that those persons whose duty it is to preserve
public peace, and whose duty is one of considerable jeopardy.
are exposed to the resentrner!t of all those whom they upon
former occasions have found it their duty to bring to justice.
These men may be perfectly sure that this conduct will not
be allowed ; and that we will take care that the occurrence
of an election is not turned into an opportunity for vengeance,
and malice, and violence-
-1 have thought it my duty
to make these few general obser-
vations, and they have been quite
the
a general nature, hav-
ing arisen from the nature of. calendar in which the
death of men is recorded ; but I believe they will be
found applicable in some degree to some other cases that are
...
before you, and that none of them will be totally alien to the
subjects of your enquiry. I do not know that there are any
other matters which make it n.t. should trouble with any
particular observations. The object of all the late amend-
ments of the law has been to make it so clear and distinct that
no grand jury can have the least difficulty in applying it to
the fact, whether or not the charge is made out by the evi-
dence, You will therefore, I hope, find no difficulty in say-
ing aye or no, at once, whether there is sufficient ground for
putting the parties upon their trial.
There is, however, one case otf the most afflicting nature,
occurring, I believe, in this grea t.nwn, upon which a single
observation may be made. I take
, it that the acts which have
been committed are perfectly clear, and that there has been
deliberate sacrifice of life, 'And although there may be some
be excised
probability that the party may upon account of
the miserable state of his own mind, consequences of that
kind cannot come before you in the first instance, and it

would be fit that a bill of indictment should be brought for-
ward, and all the facts come out upon distinct inquiry before
the court and jury rather than any opinion should be formed
by yourselves upon the state of mind of the party.
Gentlemen, if there should be any eases in which you will
require any assistance from me, 1 shall be happy to afford it
in the best way 1 can.

The grand jury then retired to their room ; and the names
of the petit jury were in the mean time called dyer.
The Petit Jury having been sworn in, the business pro-
ceeded as follows :

BURGLARY.
James Nuttall, aged 28, William Heywood, 27, and
Thomas Clegg, 21. were indicted on a charge of having
burgiariously broken and eniered the dwelling-house of
Mary Petty, at Oldham, and having stolen therefrom a ham
and a shoulder of bacon, the property of An❑ Fawcett.
The prisoner Nuttall pleaded guilty, the other two pleaded
not guilty. Dr. Brown conducted the prosecution ; Mr.
Wilkins the defence of Heyward and Clegg.
Sarah Bradshaw being sworn, said, that on the 14th of
May last she was in the service of Miss Mary Petty of Old-
ham. She made up the wash-house door that night. There
was a little lead window to the pantry, leading into the
kitchen. She left two shoulders of bacon and a ham belong-
ing to Mrs. Fawcett, Miss Petty's sister, in the pantry. In
the morning early she was alarmed by the watchman, and on
going down she found the prisoner Nuttall in the pantry.
He was in the habit of bringing meat to the house. The
window was cut, and opened from the bottom sufficientlyt
to admit a man.

Miss Petty said that she went to bed on the 14th of May,
about eleven o'clock ; she was the last up, and all was then
safe.

Robert Jackson, a watchman, heard a crash of windows
breaking, at Miss Petty's that morning, and saw Heywood
inside the yard. He went over the wall. Witness struck
him with his stick ; but he escaped. On his way back he
found a boot, which was claimed by Nuttall.
William Stafford, another watchman, went into the yard
at half-past one o'clock that morning, and saw Heywood in
the coal-yard. He ran out, and got away. The pantry was
forced open so, as to admit a man through it. Was never
nearer to him than live or six yards.

Jonathan Mellor, a police.oificer, heard a noise near Miss
Petty's, as of persons fighting. Witness saw a man in the
pantry, and two others running away. Witness afterwards
went to the house where Clegg lived. It was about two
o'clock, and he was dressed all but his coat. He denied be-
ing with the other two parties. On his way to the lock-up
he said he had been with them till about ten o'clock, but not
after. A coat was afterwards brought, which was dirtied,
and he put it on. Jackson said that he had hit one of the
men, and that he would be marked by the blow.

Joseph Wild, constable, went in search of lleywood, from
the description given of one of the men by Jackson.' "Foun'tt
him living in a cellar, at two o'clock in the morning of the
15th of May. He was undressed in bed. Witness told him
he was charged with stealing a ham and a hand of bacon. He
denied that he was at Miss Petty's. He put on his clothes,
and lie (witness) remarked that his clothes were soiled and
muddy. Heywood's master came to see him about some
wages, and told him he bad got into the scrape he was in by
keeping bad company. Ile replied that he only watched
them, and helped to hand it along the wall.
Hannah Lord said Clegg lodged with her. The whole of
the prisoners were there on the night previous to the robbery.
Nuttall went out for some ale, and the others went out to
look for him, but did not find him, and returned. Heywood
went out between twelve and one. Clegg went to bed about
two, when it was getting daylight. Just before going to bed
Heywood and Clegg went into a hollow in a field and knelt
down, but she could not say what they were doing.
Mary Thompson went on the following morning into the
field where the hollow was for the pig, and found it had rooted
up a ham and a piece of bacon. She gave the ham to the
constable Wylde, and two children took the bacon and de-
livered them to him.
Wylde said he received them.
Sarah Bradshaw afterwards saw them and identified them.
Miss Petty also identified them. They were left with her
to he dried.

Mr. WILKINS addressed the jury in behalf of the two
prisoners.

_
His LORDSHIP summed up, and the jury returned a ver-
dict of guilty against the prisoners. Nuttall addressed the
Court to the effect that he had been drinking with the others
and got drunk • but that he had no recollection of taking any
thing. He added that the other two had nothing to do
with it.

His LORDSHIP sentenced him to be transported for four-
teen years. The sentence of the others was deferred as it
was expected that some persons would speak in their behalf,
with regard to character.