The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-02-07 00:00:00

LIVERPOOL FEBRUARY SESSIONS

The February sessions for this borough commenced yester-
day morning, at ten o'clock, before James Clarke, Esq., Re-
corder. Though only eight weeks bye elapsed since the last
sessions, the calendar contained a list of 120 prisoners, of
whom 110 were charged with felony, and the remaining ten
with misdemeanours and assaults. Of tilt whole number of
prisoners only six can lead and write well ; forty can read
and write imperfectly ; twenty can read imperfectly ; and
fifty-tour can neither read no.* write.
The following gentlemen were sworn of the

GRAND JURY

James Cockshott, Esq., Rodney-street, Merchant, foreman.
Ralph Abraham, Esq., Derby-road, salt merchant.
John Barnes Braneker, Esq., Exchange-alley North, broker.
Charles Booth, Esq., Brazilian-buildings, Drury-lane, mer-
chant.
Gavin Brackenridge, Esq., North John-street, merchant.
Isaac Oldham Bold, Esq., Edge-lane, merchant.
David Cannon, Esq., 27, King-street, merchant.
James Robinson Croft, Esq., 21, Exchange-buildings,
broker.
Jacob Fletcher, jun., Esq., 40, Hanover-street, merchant.
John Greenshields, Esq., 22, Huskisson-street, merchant.
Henry Hore, Esq., 1, Rodney-street, commission merchant.
Vincent Higgins, Esq., Tabley-street, iron merchant.
George Green Hornby, Esq., North John-street, merchant.
Thomas Jevons, Esq., New Quay, iron merchant.
William Imrie, Esq., Covent-garden, merchant.
Edward Lister, Esq., 23, Rumford-street, merchant.
Daniel Mather, Esq., 96, Mount-pleasant, gentleman.
Henry Murray, Esq., Rumford-street, merchant.
William Rothwell, Esq., 9, Manesty-lane, merchant.
Charles William Read, Esq., Shaw-street, gentleman.
George Rarnsden, Esq., 4, anning-street, gentleman.
Thomas Stockdale, Esq., Blackstock-street, soap-boiler.
Thomas Robinson, Esq., Mason-street, merchant.

The Clerk of the Peace (Richard Radcliffe, Esq.,) then
read her Majesty's proclamation against vice and immorality,
after which

The learned RECORDER addressed the Grand Jury. He
said that it was extremely gratifying and satisfactory to see
the readiness and punctual attendance which the gentlemen
of the Grand Jury had given to the discharge of their duties
that day. They had shown a readiness and willingness to
discharge those duties which related to the administration of
the criminal laws of the country that was highly commenda-
ble. No one. regretted more than himself the necessity that
they should be so frequently called together for the discharge
of those duties. He did not at present see any hope of an
alteration in that necessity, because, from one end of the
country to the other, the gaols were full of prisoners, and
there was no chance at present, he was afraid, of a reduction
of the numbers. This was a melancholy state of things • but
he saw nothing to lead him to entertain a hope that a better
state of things was at hand. There was no doubt, however,
that every effort should he made, in every possible shape, to
reduce crime ; but he did not think that improvement in
gaols, or alterations in the criminal law, would altogether, or
perhaps in any way, effect the desired reduction. As he had
observed at the opening of the last sessions, this was to be
accomplished by efforts made out of the prison, and not within
it. The number of prisoners in the present calendar was
very large, especially when it was recollected that not more
than eight weeks had elapsed since the last sessions were
held. As be had previously observed, they ought to make
every effort to reduce crime. Now, he was afraid that many
of the crimes which took place must be attributed to the pro-
secutors themselves; for he had been informed by a very
intelligent officer, that many persons in town were very
negligent in exposing their goods at the door. This
they did in such a way as not to make themselves ame-
nable to the law. The goods were hung just within the
line, so as to escape an information, but not at all,
or in any very slight degree, to diminish temptation. Now,
many cases would come before the Grand Jury where
persons had stolen the property so exposed. Shopkeepers
were no doubt anxious to sell ; hut they ought to know
that they should not increase the temptation to crime ;
and when these cases came before them, (the Grand
Jury,) he hoped that they would, in the discharge of
their duty, observe upon them. He bad only a few observa-
tions to make upon the cases, and one reason for this was,
that the gentlemen of the Grand Jury were men of experi-
ence as grand jurors. Still he had one observation to make,
which arose from and would apply to many cases in the
calendar, In many instances, several persons were included
in the one felony, and a plain and old principle of the law was
that where persons were acting together for one common ob-
ject, they were equally guilty. Some persons might say,
" Why, this man is indicted for stealing, and he was a great
way off:" This might be true : a man might be removed to
the distance of fifty yards from the place where the crime was
committed ; but if there was anything to show satisfactorily
that he was lingering about for the purpose of giving infor-
mation or assistance to those who actually committed the
felony, then, by the law of the land, he was aiding and
abetting, and was guilty of a constructive felony. If, for in-
stance, some men broke into a dwelling-house, and others
lingered about to give information or assistance to them,
they were just as guilty as those that broke into the house,
He had mentioned this in order that the Grand Jury might
not experience any difficulty in cases of the kind alluded to.
There were several cases where parties had been committed
for receiving stolen property. In one of these cases, the very
intelligent person who drew up the indictments had taken a
different view to that of the committing magistrate, thinking
that the party was present; and if they (the Grand Jury)
thought that the man was there aiding the felony, he would
be there as a principal, and not as a receiver. Amongst the
cases of assault, there was one upon a police-officer, and if
there had been no misconduct upon his part, a true bill ought
to be found against the prisoners. When police-officers did
not exceed their duty, they ought to be protected, because, if
they were not protected, they could not protect the public.
The grand jury retired, and in a short time a few bills were
sent in. The cases heard during the day were, however,
trifling in character, and, where deserving of it, the par-
ticulars have already been given in our paper.
William Moll, 22, charged with stealing two pairs of
trowsers, a jacket, a coat, a waistcoat, and a shirt, the pro-
perty of a shipmate named 'William Briggs, and with having
pawned them for £2 25., was found guilty, and sentenced to
nine months' imprisonment and hard labour. The pawn-
broker was ordered to deliver up the goods to the owner.
Mary Ann Nowland, 29, charged with stealing two shillings
from her master, Mr. John Healey, publican, of Thomas-
street, was convicted. Money had frequently been missed,
and, in order to detect the thief, a quantity of silver was
marked and put into the drawer. The prisoner opened the
drawer with a false key, and took out two shillings, which
were found upon her. Mrs. Healey said that she had received
no character with the prisoner, but she had a recommendation
with her from an acquaintance. The Recorder told the pri-
soner that, by the law of the land, she, being a domestic
servant who had robbed her employer, was liable to be
transported for fourteen years. As, however, she had not
been there before, he would not transport her; but, if she
came there again, he would. She was sentenced to twelve
months' imprisonment and hard labour.

CENTRAL CRIMINAL COURT.

THURSDAY

Upon the learned judges (Lord Chief Baron Abinger and
and Mr. Justice Maule) taking their seats upon the bench,
directions were given that Daniel M'Naughten, who is
charged with the murder of Mr. Drummond, should be placed
at the bar.

The prisoner immediately walked forward to the front of
the dock. He was dressed in the same manner he was at
Bow-street, and appeared perfectly cool and collected. He
looked steadfastly of the judges.
Mr. Clarkson appeared for the prisoner. The Attorney-
General, with Mr. Waddington and Mr. Adolphus, attended
on behalf of the crown.

Mr. Streight, the clerk of arraigns, then read the indict-
ment, and then said to the prisoner, How say you, are you
guilty or not guilty ?_

- Prisoner (in -a
kind tone)—l have been driven to despera-
tion by persecution.

They
The question was again repeated, and the prisoner still
made no answer. He at length said, " Guilty of firing."
Lord Abinger—That amounts to a plea of not guilty of
murder. Let the plea be recorded.
_ _ _... .

Mr. Clarkson then said he was instructed on behalf of the
prisoner at the bar to apply to their lordships that the trial of
the indictment against him should be postponed until the
next session of the court, and the ground on which he made
the application was contained in an affidavit made by Messrs.
Humphreys and Perceval, the attorneys, who were instructed
to conduct his defence. He had also to apply for certain pa-
pers, and among them a receipt for a considerable sum of
money that was lodged by the prisoner in the Glasgow Bank
should be handed over to his attorneys with a view to his de-
fence. The prisoner's attorneys had not had sufficient op-
portunity to prepare his defence, and on that ground the
application was made. By the affidavit which he held in his
hand, it was stated that Mr. Humphreys, on seeing the pri-
soner for the first time, found in his possession copies of de-
positions that had been taken at Bow-street police-court, and
which had been furnished to him by some person of authority
in that establishment, and also copies of depositions that had
been taken before the Sheriff Advocate of Lanarkshire, and
which latter were of very great importance in reference to the
state of the prisoner's mind before the unhappy occurrence.
The affidavit also stated that the prisoner could not safely
proceed to take trial without the testimony of a number of
witnesses who were in Scotland, and some who resided in
France, in which country the prisoner had been living for
some period. In consequence of the short time that the
attorneys had been instructed, they stated that it was im-
possible for them to obtain the attendance of those witnesses
at the present session, and that it would not be safe to pro-
ceed to trial without them. An application had been made
to Messrs. Maule and the Treasury solicitors, and the answer
given was, that any money necessary for the prisoner's de-
fence should be handed over, but that the counsel for the
crown could not allow any of the papers found upon the pri-
soner to be given up, and referred any further application
upon the subject to their lordships. For all these reasons
the learned counsel humbly prayed the court to allow the
trial of the prisoner to be postponed until the next session.
Lord Abinger.—Mr. Attorney-General, hare you seen
these depositions that have been alluded to as having been
taken in Scotland?

The Attorney-General.—l have, my lord, and I think it
would have been more satisfactory if some of them had been
appended to the affidavit of the prisoner's attorney. It did
not very clearly appear what was the nature of the testimony
that was expected to be adduced, and it was only in the latter
part of the affidavit that it was made clearly to appear that
the prisoner's defence was unsoundness of mind. He must
admit, although the depositions were not set out, that upon
a perusal of them they did contain matter which might be
material for the consideration of the jury. He would, there-
fore, leave the question of the adjournment of the trial en-
tirely in the hands of the Court.
Lord Abinger.—After the statement of the Attorney-Ge-
neral, that the depositions taken in Scotland contain matter
of this description, it would be impossible to refuse the ap-
plication. The mere affidavit would not have been, in itself,
sufficient, but for the fact of these depositions having been
taken.

make M r .
anC aertkdseorn
fol. wishedthet teos
tki
the prisoner at the time he was apprehended.
giwonwhoef t
thheer
mt
oi en
eCyo
fuer
ut
hwdill
pnoont
Lord Abinger said that the prosecutors had already made
an offer to furnish the amount that might be necessary for the
prisoner's defence, and he did not think he could make any
order upon the subject.
The Attorney-General.—The Solicitor to the Treasury, iu
answer to the application made to him, offered to provide a
reasonable amount for the defence, but declined to give up
the papers, as they were considered necessary in the shape of
evidence for the prosecution. With regard to the bank re-
ceipt that had been spoken of, that was material evidence,
and certainly could not be given up.
Lord Abinger said that the trial would stand over upon the
understanding that the prisoner's attorney be furnished with
the necessary funds for the defence.
The Attorney-General thought it right to say, that the de-
positions which had been alluded to were not so taken with
the knowledge of the prosecutors, but were the act of a pub-
lic officer in Scotland, who thought it right to take the de-
positions relative to the prisoner, upon hearing of the act he
had committed.
on Lord Abinger.—The trial is postponed by your consent
ly.
The prisoner was then removed from the bar.

DISCONTENT.—However paradoxical it may appear, we
are more indebted to man's discontent than to his nobler
qualities for the comforts we enjoy; since, hsd he remained
content, society would have made little advance.—The Prism
of Thought.