The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-04-03 00:00:00

" Guilty of stabbing, with intent to do grievous bodily
harm."

Sentence was deferred until this clay, and his LORDSHIP
called up the
,prosecutor. and said to him :—" Derbyshire,
von are a much more guilty man in the eyes of God than the
prisoner. If Ido what it is almost necessary for me to do, I
ought to send him abroad for fifteen years. But you are a
much more guilty man than he. The whole guilt, indeed,
of the offence is to be attributed to you—a drunken man
and an adulterer. After injuring the man in the most tender
point, you, unworthy as he was, appeared here as his prose-
cutor. Go down, sir!"
John Allen, 24, was charged with having, at -Todmorden
and Walsden, feloniously and maliciously stabbed James
Crowther, with intent to murder him, or do him some
grievous bodily harm. It appeared that on Sunday night,
the Bth of September, as the prosecutor was going home, he
saw the prisoner knocking at the door of a house, which
turned out to be that in which he lodged, and said to him
" What are you knocking there at on Sunday night ?" Pri-
soner replied—" I'll let you know what I am knocking for."
The door of the house was soon after opened, and the pri-
soner entered, and took a knife from a table, with which he
hastened out, crossed the street, and struck the prosecutor
twice, wounding hint on the first false rib on the left side.
The wound, hut for the knife hitting the rib, might have
been fatal. As it was, it was not of a dangerous character.
The pocket knife with which it Was inflicted was produced.
When found there was blood upon the blade. Another knife,
(a butcher's) was also found. The prisoner had taken it up,
and there was blood upon it from his hands. He had in-
tended to use it also, but. was prevented. It appeared that
the prisoner was in liquor when he committed the offence.
The JUDGE, in summing"up, stated, that being in a state
of intoxication brought about by the party himself was no
excuse in law, for a criminal act committed while under the
influence of such intoxication.

The jury found the prisoner Guilty, with intent to do
grievous bodily harm.
The prisoner said it was his first offence, and besought the
mercy of the court.
His LORDSHIP said to the prisoner :—The jury have very
properly found you guilty. of stabbing with intent to do the
prosecutor some grievous bodily harm. Considering the
whole of your conduct, I cannot help thinking that the jury
has treated you mercifully, as a verdict for a higher offence
would have been justifiable. You were, it appears, at the
time under the influence of liquor ; but this was no excuse
for crime. I cannot take it as a ground of mitigation of pu-
nishment. O❑ the coutary, I would rather he inclined in
such cases to administer some additional punishment. No-
thing so greatly aggravates offences as intoxication, which I
regret is so prevalent. I feel convinced, indeed, that if the
people of this country were a sober people, they would be
more, moral, and there would be fewer depredations, and the
crimes of grievous assault and murder would be much less
frequent. I have no difficulty in determining the amount of
punishment which you must undergo. It has become neces-
sary to visit this offence with severity. The use of the knife
has of late been lamentably on the increase. In this instance
you were not contented to use the pocket knife only. Ido
.not think you would have acted as you did if you had not
been intoxicated. In the excitement of liquor you deliberately
inflicted a wound upon your antagonist with a pocket-knife.
Not contented with this, you then went into the house for
another weapon ; and there is every reason to believe that
you would also have used the butcher's knife, the handle of

fvhich was stained with blood from your hand, and perhaps
have, in the darkness of the night, hurried the prosecutor
into eternity. The sentence of the court is that you be trans-
ported beyond the seas for the term of fifteen years.
John Greaves, 24, and William Bottomly, 24, were in-
dicted on a charge of having, at Prestwich-cum-Oldham,
feloniously killed and slain one Ralph Jackson. The prisoner
Greaves had been repeatedly challenged to an up-and-down
fight (as it is called in this county), in which kicking as well
as blows is frequently resorted to. After fighting some time
" for love," the deceased was repeatedly " punched" or
kicked on the head and breast. After the last kick, the de-
ceased died almost instantly. The prisoner was intoxicated
at the time, and the deceased, who had provoked him to
fight, still more so. The prisoner Bottomly so slightly in-
terfered with the fight, that the case was not pressed against
him, and he was acquitted by direction of the judge. The
fight was, in the part of the country where it took place, con-
sidered a fair fight.
The jury found Greaves guilty. His Lordship said :
John Greaves, you have been found guilty of manslaughter,—
that is, taking away the life of a fellow creature. The pu-
nishment for this offence very properly varied according to
the greater or less aggravation of the case. It might be
transportation for life, or imprisonment for a term, or the
party might simply he required to pay a small fine, and he
dismissed the court. The present is a serious case, and here
again the offence arose from the baneful influence of liquor.
You and your antagonist were both drunk, but Jackson was

drunker than you ; and it was deplorable to reflect that a
man in a state of intoxication should be hurried into the pre-
sence of his Maker. The offence was committed, too, early
on Sunday morning. The parties had doubtless been drinking
till late on Saturday night, or, perhaps, had scarcely been in
bed, and were infuriated with liquor. It was shocking to
think that men in that state should be seen stripped stark
naked and fighting in a field. After you had " punched," or
kicked, your antagonist for a few minutes, he died almost
immediately. To the, latest day of your life, such an act
must hang upon your mind. The manner of the fight was
according to the barbarous practice of this county, which it
behoved all parties to endeavour to put down. There is
something, indeed, in the system of kicking which is almost
worse than stabbing itself. I take into consideration-, how-
ever, that you were much provoked, and that the deceased
had been principally accessory to his own death. The sen-
tence of the court is, that you be imprisoned in; the county
House of Correction for eighteen months, and that during
that time you be kept to hard labour.
POSTPONEMENT OF TIIE TRIAL OF MR. FEARGUS
O'CONNOR.

Mr. WATSON made application to his lordship, in behalf
of Mr. Feargus O'Connor, for the postponement of the trial
of this individual for sedition, &c. from the present to
the summer assizes. He stated that the ground for this
application was„the.unavoidable absence of a witnese whom
the defendant and his attorney conceived to he most material
to his defence. Ile read affidavits from Mr. O'Connor, and
from Mr. Clarkson, solicitor, to the effect that a material
witness, named. John Taylor, a physician of Carlisle, was in
so dangerous a state of health that he could not attend at
these assizes ; that all due diligence had been used to pro-
.cure his attendance ; but that the result of a correspondence
with an attorney in Carlisle, showed that Mr. Taylor was not
to be.found; and that, he had either.. left the country
.for
France, or was about to do so. They'll-ad every -reaSou to
believe, however, he would be forthcoming, at the summer
disizes; it he recovered",\ aild they. therefore', prayed That his
Nrdship would postpone the • trial to. the next assizes. Mr.
Ti 100 teas veryle.eble.wheli retehtigiat the York Assizes Os
a-witness, • . • •

. .
. mr. WrGicrm.kN, who was. fortheProsecution, said he did
notwish. to stand in the way of the application. He had seen
the affidayits,!and did not object on the ground of a want of
diligence in.procuring,the witness.
His LORDSHIP acceded to the request of the applicant, and
the trialaecordingly_stands postponed:.

Thomas Bigiert4lo.l.l3A•iind',Sittnit.et Lord, stood indicted
on a charge Of flaying, at Oldham, burglariously- broken and
entered the dwelling-house of William Eastwood and stolen
a silver cup, sixteen silver spoons, a silver cream jug, and
various other articles, the property of the said William East-
wood ;—and Margaret Clayton and William Pollitt, stood
indicted for having received the articleS, knowing them to
he stolen. The trial was protracted and tedious, and had no
peculiar feature of interest. There did not appear to be suffi-
cient evidence to prove the burglary ; but the property was
carried off by the two first prisoners, and was pledged or sold
by the other two.

The jury returned a verdict of guilty of larceny against
Butterworth and Lord ; and guilty of feloniously receiving
the goods, knowing them to have been stolen, against Clay-
ton and Pollitt.
Sentence was deferred.
TRIALS OF THE CHARTISTS.

Mr. Bronterre O'Brien applied to his lordship to be in-
formed as nearly as possible at what time the trials of the
chartists would come on, as there were about 50 of them,
and many of the witnesses would be greatly inconvenienced
if they were required to remain long from their homes.
His lordship stated that so far as he could foresee those
trials would commence on Monday.

CONCEALMENT OF BIRTH.
Hannah Blackburn, a factory girl, aged 18, was indicted
on a charge of having wilfully murdered a male child ; also
with having concealed the birth of the child. She, in the
first instance, pleaded not guilty to both charges ; but after-
wards withdrew her plea on the latter charge and pleaded
guilty to it. The prosecution on the first charge was not
pressed against her by the crown. . . . .

Mr. PiEL, for thiprosecution, said that he did not wish
to state anything in aggravation. In answer to questions
from the judge, the prisoner said she was married when 16
years of age ; that her husband deserted her four days after
their marriage, and was now a soldier in, she believed, the
East IndieS, and that she now worked in a factory.
The Learned JUDGE very feelingly addressed the prisoner.
He stated that the bill against the prisoner charging her with
wilful murder had properly been thrown out by the Grand
Jury, as he did not think the indictment could have been
sustained. There were so many probabilities that the child
came to its death through no act of her's, that he was willing
to believe that she was not guilty of the major offence ; and
the prosecutor, under the same feeling, had abstained from
urging anything in aggravation. She had, however, pleaded
guilty to the offence of concealing the birth, by disposing of
the body in a secret manner. This was a serious offence,
which frequently led to crime. He did not find that she had
made any preparation for.her offspring. (The prisoner said
that she had. The child was full grown, and was probably
born alive. It was her duty to have done everything for it
in her power. He, however, took into consideration her
being deserted by her husband, that she worked in a factory,
and that she had already suffered imprisonment for some
time. The sentence was that she be imprisoned in Kirkdale
House of Correction for nine months, and be kept to hard
labour.

Elizabeth Green, aged 20, was indicted upon a charge pre

cisely similar to the last, and also pleaded guilty to the Con-
cealment of the birth of her child. The prisoner, who is a
neat little person, was still in feeble- health, and was allowed
a chair. It was stated by Dr. Brown on her behalf, that it
was not now assumed that she caused the death of the child ;
but that it died from want of proper attendance at the time
of its birth. He added that the prisoner was married ; her
"husband had gone to sea, and remained away two years, and
she had learned that he was dead. He had, however, re-
turned some months ago, and had again joined his ship.
Mr. Theophilus Harvey being called, said—l am a sur-
geon. The prisoner applied to me in January to attend to
her during her confinement, and arrangements were made by
her for the birth.
Mrs. Higgs, a witness for the prosecution said—The pri-
soner lodged with me. I searched the prisoner's box after
the child was born, and found in it a small chemise, some
new flannel, and other articles of child-bed apparel.
The learned JUDGE then proceeded to pass sentence. The
offence of the prisoner was similar to that of the last female
brought before him. A stop must be put to the practice of
concealing births. He had no reason to suppose that the
prisoner had intended to destroy the child ; but she had
thought to conceal the birth, by putting it into a box. She
had, however, made some little preparation, and had spoken
to a surgeon to attend her. The sentence of the Court was
that she be imprisoned in Kirkdale House of Correction, for
eight calendar monthS, and to be kept to hard labour.
Dr. BROWN suggested to his Lordship that the prisoner's
health was not such as would enable her to endure hard la-
bour without danger.
His LORDSHIP intimated that it was understood that in
such cases the labour should be only such as was' suited to
the capability of the party.
MANSLAUGHTER.
Thomas Marnato, 26, was charged with having, at* Liver-
pool, on the 23d March, feloniously killed and slain Sarah
Griffiths. The details of the case were so lately before the
public, that we need but remind our readers that the prisoner
is a car driver ; that he alighted near the top of Brownlow-
hill, and went for a short time into an entry ; that the horse
which was left by itself, took fright, and ran down the street.
passing the Adelphi Hotel, and thence down Ranelagh-street.
On its way the deceased was knocked down by the ear, and
when carried into a druggist's shop was found to be dead.
The witnesses to these facts having been examined, Mr.
Ratcliffe, jun., said he had sold the horse to the prisoner's
master. The horse was not a spirited one. The prisoner
was a married man with a family, and bore a good character.
The prisoner was defended by Mr. JACKSON HONE, who
called witnesses to character, all of whom, including the pri-
soner's master, spoke of him as a steady and well-behaved
man.

The learned JUDGE said that the prisoner was not justified
in leaving his horse ; neither was it any excuse to say that