The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1847-03-23 00:00:00

SOUTH LANCASHIRE ASSIZES.

The Commission of Assize, for this county; was opened
yesterday, at the Crown Court, by Mr. Baron Alderson.
Shortly after ll o'clock, the learned Judge entered the
Court, and took his seat on the bench, when the usual
formalities were gone through, and the following gentle-
men sworn as a Grand Jury
William Brown, Esq., M.P., Richmond Hill, Foreman.
Elkanah Armytage, Fsq., Manchester.

Sir Thos. Braneker, Liverpool.
Sir Joshua walmsley, Wavertree Hall.
Montague Ainslie, Esq., Coredale Hall.
Thomas Eastwood, Esq., Brindle Lodge.
F. D. Astley, Esq., Fell Foot.
Wm. Rayner Wood, Esq., Singleton Lodge.
John lre!and lllackburne, Esq., RutlandHalL

C. D. Archibald, Esq. ,
James Dawson, Esq., The Wray.
Leigh Clowes, Esq., Broughton Hall.
R. C. B. Clayton, Esq., Abercromby Square.
William Earle, Esq., Liverpool.
Adam Hodgson, Esq., Breckfield Lodge.
George Hall Lawrence, Esq., Mayor of Liverpool.
Hugh Hornby, Esq., Wavertree.
William Ratlibone, Esq., Green Bank.
. •

Abraham Wood, Esq., Starkey.
Richard Walker, Esq., Bury.

John Woodcock, Esti., The Elms:
Ralph Thicknesse, Esq., Black Hall.

John Potter, Esq., Mainehester.

The Royal Commission having been read, -
His LORDSHIP proceeded to address the Grand Jury to
the following effect :—Notwithstanding the great distress
which pervaded this town and its vicinity, he was glad to
perceive that in the present calender there was not so very
great an increase in crime as might have been anticipated
under the circumstances. The crimes themselves, with
the exception of four or five, were not of very great mo-
ment. There were indeed some cases at which common
humanity shuddered ; one of them was of the nature of
those cases where the sacred relation which existed be-
tween parent and child had been violated. That case .
would require their very careful and serious atten-
tion should it come before them. They would, he
hoped, give that case their serious consideration, and un-
less they had full grounds for putting him upon his trial,
of course they would not do it, because they must be
aware that the publication of such a case in an open
court had a direct tendency to corrupt and destroy
the morality of the public mind. They should be
careful, and put no person on their trial in a court
of justice, on a charge of that nature, unless they
.thought there was every likelihood of the guilt of the
party charged being fully and substantially proved. But in
cases of a doubtful description it would be their duty to
make the most careful preliminary investigation in their
power, so that by their examination they would separate
all doubt from the certainty of the cases brought before
them. There were two other cases to be brought under
their notice to which he would direct their attention. They
were cases of murder—one of them by poison. The point
to which their attention in that case should be directed to
inquire whether the crime had been committed by poison.
And as this used in this case was of a mineral nature,
they would see that the only sort of evidence which they
could safely rely on was that of find*, the poison itself
in the body of the deceased ; because the human frame
was too apt to suffer change from the effects of various
diseases ; and medical science was too uncertain in those
matters to admit of their judging by the appearances
which the body presented. They should, however, take
into consideration the symtoms of the body ; and also the
conduct of the party; but still he would impress upon
them that it would b unsafe for them to act on any
evidence short of the production. They would, however,
judge for themselves, as his object was merely to direct
their attention to these cases. The other case of murder
was one of those unfortunate cases which too frequently
occurred in this county. He alluded to the too frequent
use of the knife. This case, it appeared, arose out of a
quarrel, and it would be for them to say whether the
quarrel was of such a nature as to justify the party to re-
taliate in that way. They would not take into their con-
sideration any provoking language—no matter however
provoking or injurious to his character it might be—
for that could not be regarded- as a justification
for the awful offence of using the knife, or of com-
mitting any violence by which the life of a human
being would be destroyed. They would inquire, however,
if any altercation resulting in personal violence had taken
place previous to this unfortunate occurrence. And if
they found that any had been useu by the deceased to the
prisoner, they would inquire what time had elapsed oe-
tween the period of this altercation and the time when
the latter used his knife. At the same time he hoped
that they would make all due allowance for the strength
of the human passions, and the infirmity of human nature
in order to enable them to come to a just and rational
conclusion. If however they found that the violence
used by the deceased to the prisoner was of such a nature
as to be calculated to provoke him, in a fit of passion, to
the commission of this act, then the crime would be re-
duced from murder to manslaughter ; but above all things
he wished them to endeavour to ascertain, if possible,
how far the prisoner was actuated by feelings of revenge.
He began his charge by alluding to the distress which
afflicted this part of the country. To it a great deal of
the crime committed at present might he attributed ; for it
could not be otherwise when they took into consideration
the immense influx of destitute people which came into
this town. Most of these people assumed the avocation
of street begging : but his opinion of their conduct was
such, that he believed they should be put upon their trials
for obtaining money under false pretences. Yes, and he
would go even further, and say, that. if any such cases
came before him, he would assuredly transport them ; for
he thought they were the worst class of persons in the
kingdom, as their conduct was calculated to shut up the
channels of human kindness and charity, and thereby
prevent those who were worthy objects for relief.
from receiving it. Amidst all this, however, he could not
but see the serious working of a merciful God. Perhaps
nothing short of this awful calamity could have awakened
the people to a sense of their duties. And being now
awakened to a sense of those duties, he hoped that such
measures would be taken as would prevent the recurrence
of so much misery in the kingdom. That it would lead
to hat result he had no' doubt. He hoped they would
pe%lit him to call their attention to another subject,
which was closely connected with the administration
of justice. He alluded to imprisonment which,
was about to place in the discipline of prisons as re-
garded the mode in which both primary and secondary
punishments were conducted. It was some time since he
had directed the attention of this Grand Jury to one great
defect in the prison rules of this as well as every other
county. As long as they kept county jails in which were
kept collections of all classes of prisoners, tried and
untried, men and women, girls and boys—so long As these
persons were kept together in one body, they would be
maintaining a system which would never reform or amend
criminals. The remedy, in his mind, for this system was,
instead of havinga jailfor the common purposes of all classes
of prisoners, they should have several, one of which would
be devoted to each particularclass. For instance, why might
there not be a house of detention, or separate prison for
persons who were not tried, as it was not in his opinion
fair to treat such persons whom the law always presumed
to be inocent until after their conviction. Such a house
or gaol of detention should be governed by rules of dici-
' pline, totally different to those adopted in a prison for
punishment ; because in the one the persons who had
been convicted had to be reformed and punished whilst
the other should be merely a house of detention for
such persons as were accused of the commission of
crime. It appeared to him that in each county there
should be a gaol of detention. Then, where the prisoners
were convicted, and placed in a state of punishment and
reform, surely no man would say that the punishment of
I the men should be the same as the penetentiary..discipline
of girls and boys. The discipline of boys ought to be no
more severe than a severe strict school; but that, he was cer-
tain, would no t do for grown up men. Until they established
prisons for each of the three classes lie had named,_ he was.
of opinion that they would not have made even the first
step in prison improvement. They might s.--.y that such
a system would entail a great deal of expense upon the
country. He, hoivever, was not of that opinion, for he
knew that in this county they had three goals—Lancaster
1 Castle, Kirkdale, and Preston ; and why not, instead of
having them appropriated to the uses of all classes indis-
criminately, have them converted into separate prisons
for each of the three classes he had named. As they had
all one common object in view—namely, the prevention of
crime, and reforming the criminal—in that obj ect they were
all agreed. He hoped, that with the power of the law,
and the efficacy of a good system of prison punishment,
in a short time to see much of the crime, which at pre-
sent disgraced society corrected. With a few more obser-
vations, his Lordship. dismissed the Grand Jury.
Hugh O'Neill was then placed in the dock, and indicted
for having, at Wuerdale and Wardale, on the 29th of
December last, feloniously cut and wounded George
Townend, with intent to do him grievous bodily harm.
Guilty.—To be imprisoned and kept to hard labour for
6 months.
Thomas Fothergill was next indicted for having cut and
Wounded Maria Fothergill, at West Houghton, on the
13th of February last, with intent to do her grievous
bodily harm.
- Mr. For.Lurr briefly stated the case, after which
Maria Fothergill was examined. She deposed, I am
the wife of the prisoner. On the 13th of February, when
he came home, he asked me if I would go with bins to
Leeds. I said I would not then go with him, but next
morning I should. I was at the fire, with my child in
my arms, when he asked me to lay down the child, as he
did not wish to hurt it. He took it from me, and laid it
down himself : after that he took hold of me, and pushed
me down, and then he took up the fire-poker, and struck
me over the head twice with it. He was not sober all
this time.. He had always when sober behaved well to me.
The surgeon and some other witnesses were examined,
but they stated nothing new.
The prisoner, on being asked if be had any defence to
make, expressed the utmost contrition for the rash and
unfortunate act he had committed, and begged for mercy
on account of his little children. Guilty. Not sentenced.
Jane Baker, for bigamy, three months' hard labour.
Joseph Costlidge and James Henahall were then in-
dicted for robbing Charles Rothwell, at Manchester, on
the 19th of February last. Guilty.—To be imprisoned
and kept to hard labour for two years.
John Hurst, an old man of sixty years of age, was next
placed in the dock and arraigned for having, on the 22nd
of January last, entered the house of Mary Whitaker, of
Rochdale, and stealing therefrom one cushion, one shawl,
and other articles, her property.
The prisoner pleaded guilty, and begged for mercy.
Baron ALDERSON, in passing sentence on him, said
that lie had been transported before, and should not,
therefore have committed the offence.
Prisoner.—Oh, my lord ! but that is a long time ago.
Baron ALDERSON remarked that that punishment
should have deterred him from the commission of further
crime. His previous bad character, had he not pleaded
guilty, would have, weighed with him in considering his
sentence ; but he was too old now to be sent out of the
country—if indeed they sent . any persons out of the
country. He believed, however, that they_ would txams.

port criminals no longer. He would sentence him to one
year's imprisonment, with hard labour.
Samuel Diygle, alias Samuel Scott was charged with
having, at Brittle-cum-Bamford, feloniously entered the
dwelling-house of John Berry, and stealing from it a
quantity of groceries. Not guilty.
Timothy Kelly was then placed in the dock, and in-
dicted for having, at Manchester, married Mary Cronan,
his former wife being then alive. The prisoner pleaded
guilty. Sentence deferred. _ _

- Thomas Eden and Thomas Williamson were indicted
for committing a highway robbery on the person of Thos.
Blackshaw, on the morning of the 2nd of January last ;
and also for committing an assault on him at the same
time. Not guilty.
James Keough, for having, at Bury, on the 12th of
December last, maliciously and wilfully wounded David
Buckley, with intent to do him grevious bodily harm.
The prisoner pleaded guilty. Sentence deferred.
The Court then adjourned until 9 o'clock this morning.

NISI PRISI COURT.—YESTERDAY.
(Before Mr. Baron ROLFE.)
LLOYD V. BENNETT.
This . was an undefended action, brought by the emi-
nent bankers at London and Manchester, against the de-
fendant, Robert Bennett, for the recovery of a balance of
£1,031 18s. Bd., with interest. Verdict for plaintiff for
the full amount.