The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-08-31 00:00:00

SOUTH LANCASHIRE

SUMNI"EIt ASSIZES,

-FRIDAY

CROWN COURT
MISDEMEANOR

John Lowe, 46, stood charged with having assaulted Bryan
Int, with intent to commit a detestable and abominable

Mr. James conducted the prosecution ; Mr. Wilkins de-
fended the prisoner.
The prosecutor was a farm-servant in the employ of Ed-
ward Webster, of Litherland. The prisoner was a tax-
collector. The offence took place in an open field, about two
*)'clock in the afternoon of the 26th of July last, but the
details are too indecent for publication.
The prisoner was acquitted.
CHARGE OF MURDER.
James White was indicted for the wilful murder of William
Plummer, at Liverpool, by stabbing him with a knife.
Mr. Wigham prosecuted ; Mr. Wilkins defended the pri-
soner.

The particulars of the case will be gathered from the sub-
joined evidence.
Bridget ani widow of the late William Plum-
mer. We lived in Christian-court, in Preston-street, in
this town. The house was resorted to by women of the
town. On the night of Saturday, the 12th of June last,
aboUt ten. o'clock, a young woman, whom I did not know,
came to our house with a man, who was also unknown to
me. They went up stairs together, and, after remaining
there a few minutes, I heard the woman shout " murder."
I requested the man to come down, and the woman in the
room also requested that he would go down. In a few mi-
nutes afterwards there was another cry of murder, and I
took a candle into the room. The man, who is the prisoner
then came down stairs. He attempted to strike me. My
husband, the deceased, at this time, was undressed, and in
the act of going into bed, which was in the kitchenvv.My
husband said, " don't strike that woman, she does nbt7 de-
serve it from you." He replied, "If I don't strike ner, I'll
strike you." My husband replied, "Go home, my good man,
I want nothing to do with you." The prisoner then struck
by husband, and the blow was returned, and my husband
thrust prisoner out of the house into an entry, where a scuf-
fle took place between them. The prisoner took something
from his pocket, with which he struck at my husband, and I
immediately obkrved that he had inflicted a large wound in
the lower part of his belly, and my husband exclaimed,
" Oh, lam killed.". The prisoner ran up Preston-street,
and 1 pursued him, and gave him into the charge of a police-
man. A female, named Ann Gallagher, was in the house at
the time the altercation took place. My husband died at
five o'clock the following day.
The witness was severely cross-examined by Mr. WIL-
KINS, chiefly as to what provocation had been given by de-
ceased.
Ann Gallagher, the woman alluded to by the last witness,
deposed to being at Pluminers house on the night of the oc-
currence forming the subject of the charge. Heard a cry of
murder at the time the prisoner was up stairs. Witness,
after deposing to the altercation spoken of by the last wit-
ness, stated that she saw prisoner take a knife from his right
hand trousers pocket, and inflict a wound upon deceased.
Mr. WILKINS severely cross-examined the witness, with
a view to impeach her testimony.
The deceased's dying declaration was read, which was to
the.elfect that the deceased and prisoner had had a quarrel
together ; deceased struck prisoner in the first instance; pri-
soner then left the house, but returned in about two minutes,
and inflicted the wound forming the subject of the present

inquiry.
Mr. WILKINS, in his speech for the defence of the pri-
.
saner, remarked strongly upon the correct source of the evi-
dence for theinosecution. He laboured to reduce the offence
from murder to manslaughter, on the ground that the stab
had been given by prisoner at the time of quarreling with
deceased.
The Jury acquitted the prisoner of the charge of murder,
but found him guilty of manslaughter,
His LORDSHIP, after commenting upon the aggravated
nature of the prisoner's offence, sentenced him to be tran-
sported for twelve years.
SENTENCE ON GIROLOMO CAPPELLA.
Girolomo Cappella, convicted on Thursday of the wilfta
murder of Antonio Toscani, was placed at the bar at a
quarter-past twelve, and lie was called upon by the Clerk of
the Court to say why sentence of death should not be passed.,
upon him, according to law.
The prisoner replied, through his interpreter, Joseph
Liardi, I beg that some time may be allowed to me, that I
may reconcile my mind to God.
The Lord CHIEF J usTicE.—Girolomo Cappella, you have
been convicted of a cruel and deliberate murder, not in any
moment of excitement or violence, but after great delibera-
tion, and in consequence of some quarrel about money. You
proceeded with care and forethought, and actually secured,
althost at the moment when you committed this foul ninrder,
the small property which was probably some inducement for
you to commit it. The jury recommended you to mercy ; I,
therefore, have not come to the conclusion that I ought to
leave you to the hands of the executioner without great care
and anxiety. It would have given me the greatest pleasure
to. comply with that recommendation, if I had thought it
consistent with my public duty ; butt it is necessary that ex-
amples should be made when these horrible crimes are com-
mitted. The only prayer that he (the learned judge here spoke
in the third person and.addressed the interpreter)bas addressed
to me—that he may have time to reconcile himself to God, is.
the only prayer that can be granted in his behalf. He must.
prepare for death. He will have every consolation and every-
assistance that religion can afford him, and I fervently hope-
' that his repentance may be accepted. The sentence of the-
court is, that for the felony and murder of which he stands.
convicted, he be taken from hence to the place from whence
he came, and from that place to some place of execution, and
that there he be hanged by the neck till he'is dead. His body
must then be-buried within the precincts of the prison, and,
may the Almighty God have mercy' upon his soul.
The prisoner here requested that the interpreter might be
allowed to see him, as he wished to confess to the priest.
The LORD CHIEF JUSTICE.—There will be no objection.
The Chaplain to the High Sheriff said he would commu-
nicate the wish of the prisoner to the priest.
The prisoner,•who heard the sentence with apparent calm-
ness, was then removed from the dock.
SEDITIOUS CONSPIRACY AT MANCHESTER.
Joseph Bromley, 29, pleaded guilty to an indictment for at
seditious conspiracy, unlawful and riotous assembly, and.
seditious speeches, at Manchester, and was bound in the•
penalty of £lOO to appear and receive judgment when called:
on, and to keep the peace in the meantime.
SEDITIOUS CONSPIRACY AT HINDLEY.
John Bromilow, 26, pleaded guilty to an indictment for a:
seditious conspiracy and riot at Hindley„ and was bound in.
thellenalty of £lOO to appear and receive judgment when:
called on, and to keep, the peace in the meantime.
Thomas Jenkinson, John Court, Joseph Pratt, Williams
Harris, William Shelmerdine, Joe Clarke, John Cookson,.
Charles Sutton, John Clare, Benjamin Roberts, Thomas
Locket, James Price, John Howard, Joseph Carter, James
Oakes, Richard Joule, James Bolton, and Henry Taylor,
pleaded guilty to a charge of having assaulted James Tnvlor,
at Ashton-under-Lyne, and were ordered by the court to
• enter into-their own recognizances to keep the peace for two
years.