The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-09-01 00:00:00

Sept. 1, 1846.

SOUTH LANCASHIRE ASSIZES.

CROWN CO U RT.-TUESDAY

William Clapham, aged 27, was charged with the wilful
murder of Abraham Tweedale, at &Void, in the month of
August, 1845. The prisoner was previously brought up
twice—once oefore Mr. Baron Parke, and the s,cond time
at the last assizes—when the jury on each occasion con-
sidered him in an unfit state of mind to take his trial ; he
bas since been in a lunatic asylum. It appears that Clap-
ham was an inmate of the New Bailey, Salford, and Abra-
ham Tweedale was a fellow prisoner. On the morning of
•the 2d of August, the prisoner struck Tweedale on the
head with a bar of iron, being a pottion of an iron bed-
stead on which they slept.—His lordship brit fly summed
up, and the jury, after a few minute s' consultation, re-
tured a verdict of not guilty, on the ground of insanity.
The prisoner will consequently be imprisoned during her
Majesty's pleasure.
William M'Arthur was charged with having stolen a
sum of money from William Hennegan, a passenger on
board of the Commodore steam-ship, on Friday, the lath
August. The particulars of this case were recently be-
fore the public. The jury found the prisoner guilty, and
his Lordsh'p sentenced hint to eight calendar months'
imprisonment and hard labour.
Benjamin Barrett was charged with the manslaughter
of Robert Seddon, at Kesrsley, on the 2,1 of April. The
prisoner was an engineer at a colliery, had ab etited him-
self from his employment, and by so doing an accumula-
tion of foul air had taken place, by which Robert Sedoon
lost his life. Evidence was produced to the effect that
the duty of the prisoner was to keep the engine-pump go-
ing in order to reduce the water in the pit. If the water
were allowed to accumulate, the prevention of the circu-
lation of the atmospLeric air was certain, and an explo-
sion of fire-damp the natural consequence.—This being
the purport of the evidence for the pros' cution, his Lord-
ship stated that his brother Cresswell avreed with him,
that the mere act of omission was not sufficient to sustain
a charge of manslaughter ; still there was no doubt but
the prisoner was guilty of the most culpable negligence.—
The jury returned a verdict of not guilty. The prisoner
was afterwards arraigned on another indictment for caus-
ing the death of Thomas Hulton, which being similar to
the previous one, the prisoner was acquitted.
Richard Wignall. aged 27, was indicted for the wilful
murder of his wife, Kitty Wignall, at Liverpool, on Mon-
day, the 15th of June last
The case excited con-iderable interest, and the court
was crowded to excess. Mr. Wilkins, assisted by Mr.
Blair, appeared for the prosecution, and Mr. Atkinson
defended the prisoner.
The facts of the case were exceedingly brief, and exactly
similar to those adduced at the coroner's inquest. Toe
prisoner was a joiner, residing in Gore-street, Toxteth-
park. A short time after six o'clock on the evening
of Monday; the 15th June, the prisoner went to his resi-
dence, when some words en-ored between him and his
wife, which were continued until a later hour, when the
prisoner was observed to strike his wife with his fists
about the face, and then with a wooden stool,
from the effect of a blow from which she fell on the bed.
He then again struck her with his fists, and subsequently
be kicked her most violently, from the effects of w..ich
she died in about ten minutes.
The testimony of the surg-on was at first somewhat
undecided. he minutely described the several contusions
exhibited on the body, and, on a poet mortem examina-
tion, found a quantity of coagulated blood upon the brain,
which extended partially down the spine. Such appearance
might, however, he said, (in cross examination,) be pro-
duced by strong mental excitement. When pressed by
the Learned Judge, he stated that it was his opinion that
death had been caused by external violence.
Mr. ATKINSON addressed the jury for the prisoner in a
most powerful and effective manner, arguing the absence
of all malice or forethought on the part of the prisoner.
The JUDGE summed up, calling the attention of the
jury to the most important pints of the evidence, and
lucidly explaining and defining the law relative to murder
and manslaughter.

The Jury then retired, and after a short absence re-
turned a verdict of guilty of manslaughter, the foreman
stating that it was the unanimous wish of the Jury that he
should state to his lordship that they considered it the
most asgr.vated case that had ever been brought under
their notice.

TbeJudge pasted sentence in a solemn and affecting man-
ner, and alluding to the brutal and reckless conduct of the
prisoner said that drunkenness. that fatal and overwhelm-
ing sin that had been pleaded as an excuse, aggravated
the case. By his brutality he had deprived his
mother of a son, and his two children of both their pa-
-rents, for the sentence of the court was, that be be trans-
ported for the term of his natural life.
The prisoner, who had been previously calm, was re-
moved considerably affected.
Joseph Smith, aged 40, and Joseph Wild, were charged
with having burglariouslv broken into the house of Mr.
Henry Seddon. at Plumpton, near Bury, and stealing
several articles therefrom, on the 2d of March. Verdict
of guilty against both the p isoners.
Squire Lively, aged 43, Charles Entwistle, 22, and
Joseph Wild (convic!ed in the previous case), were
charged with committing a burglary in the house of Ed-
ward Hopkin-on. at Tottitigham-lower-end, on the morn-
ing of the 28th January last.—After consulting for a few
minutes, the jury expressed a wish to retire, and at ten
o'clock returned a verdict of not guilty against all the
prisoners.

Jane Staton, aged 31, was charged with burglary in the
dwelling-house, of Jo•eph Ta%lor, in Maoche,ter, and
stealing several articles therefrom, on the 27th of June
last. Guilty ; nine months' hard labour.

, .....
William Whittaker was charged with having feloniously
married Mary Devine, his former wife being still alive.
The case failed for want of proof of the second marriage,
and the prisoner was accordingly discharged.
James Burn, aged 29, was charged with having feloni-
ously killed Abraloiro Pitkington, at Manchester, on the
28th May.—His Lordship said this was one of those un-
fortunate occurrences in which the prisoner might not have
intended to deprive his fellow-creature of life, but the
case could not be reduced below mansionghter.—Guilty ;
but strongly recommended to mercy. He was sentenced
to two days' solitary confinement.

NISI PRIUS COURT.—TUESDAY.
HOBSON AND OTHERS V. GARNER.
This was a special jury cause, in which Messrs. Hob-
son, Jackson, Haslam, and Pilling, the assignees of T. C.
W. Pearce and J. G. Homan, were the plaintiffs, and
James G. Garner was Ihe defendant, to recover a large
amount of money for the creditors of Pearce and Homan,
bankrupts. The defendant pleaded a set off, and a va-
riety of other pleas, which were denied by the plaintiffs.
Witnesses were examined on the part of the plaintiffs,
and the giving of their evidence occupied the court until
half-past two o'clock.

The JUDGE in summing up, left it to the jury to say
whether the shares were really taken to the general ac-
count by an honest agreement between the parties at a
time when Mr. Garner, although he might know of the
embarrassments of the firm, did not know of any act of
bankruptcy.
The jury retired, and after an absence from court of an
hour and a•half, found a verdict for the plaintiffs for
12,273. they being of opinion that the defendant knew of
an act of bankruptcy having been committed on Pearce's
part at the time the transactions took place. Speedy ex-
ecution was granted. The next special jury cause in the
first list, " Hobson and cohers v. Bird,' was withdrawn.