The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-01-02 00:00:00

THE LIVERPOOL STANDAith.

LIVERPOOL WINTER ASSIZES.

TUESDAY.
John Roberts, 27. James Hunt, 25, Thomas Jacques,
25, Joseph Rimmer, 24, and Henry Fillingham, 27, were
given in charge for the wilful murder of Richard Kenyon,
at Knowsley, on the 10th of November last.
Mr. BRANDT stated the case to the jury as it subse-
quently came out in evidence. He said it was a melan-
choly sight to see no less than five men at the bar charged
with the wilful murder of one of their fellow-subjects;
but it would appear that the fatal shot had been fired by
the prisoner Roberts, and that the four other prisoners,
together with others not in custody, were aiding and abet-
ting in the murder. He admitted that the principal wit-
ness would be Naaman Shaw, an approver, who would
acquit his father, John Shaw, who had been originally
taken up on the capital charge, and who would implicate
the prisoners.
James Tyrer, Thomas Mellish, Joseph Butter, who
were watching the preserves of Lord Derby on the night
in question, deposed to the manner in which the murder
had been perpetrated. Their accounts differed little from
that stated at the time of the coroner's inquest, and which
must be fresh in the recollection of our readers.
Naaman Shaw, the approver, was then examined. He
• said—l was 19 years old last September, and am the son
of John Shaw. In November last I lived with my father
in Eldon-street, Liverpool. I remember the night of
Thursday, the 9th of November. I saw all the prisoners
that night. Seven of us went to Windle. There were
John and William Webster, James Hunt, John Roberts,
Thomas Titheroe, and Henry Robinson with me. We
agreed together that Hunt and Robinson should go to
Fillingham's, at Eccleston-lane end, to see whether be
would go with us. I talked to James Hunt about it. Hunt
and Robinson started between six and seven o'clock for
Eccleston. John Webster and I started off in about ten
minutes after. We left W. Webster, J. Roberts, and
Titheroe behind, but they were to meet us in London-
road. John Webster and I went on to a public-house at
the Cattle-market, while William Webster, Roberts, and
Titheroe came up. We then went on. Between the Old
Swan and Knotty Ash we met my father and George Sed-
don. That was at eight o'clock. My father had a black
dog with him. I spoke to my father, who went on to-
wards Liverpool: My father told us that the keepers were
at the Blue Bell, and that they had got their guns and big
dogs with them, and that Hunt and Robinson were wait-
ing at the side of the smithy at Knotty Ash for us. I did
not see my father again that night. We went on, and met
Hunt and Robinson at the smithy. Hunt went on to Fil-
lingham's, and when we got to Eccleston lane end we met
Hunt again. He said that Fillingham was out. We seven
then went on to Windle. Hunt called at Jacques on the
way, but soon after Hunt came up and said that Jacques
and Fillingham were gone shooting to Windle-hall. John
Webster and Roberts had guns, single-barrelled ones.
We afterwards came back to Jacques's house, and found
Jacques, Rimtner, and Fillingham there. It was then
half-past two. We left in half an hour for Knowsley
school cover. There was ten of us together then. We
went over the park wall, and went through several little
covers in the park, and shot there. We got to the school
cover at last, where we shot three pheasants. The game-
keepers rushed on us over the rails into the cover.
Kenyon led them forward. He had a gun. The keepers
cried out, " Now Kenyon, now Kenyon." Our party
cried out, "Bring them guns up." Fillingham had Web-
ster's gun, Roberts had a gun, and Jacques also had a gun
at this time. Roberts was standing at my right hand side,
close by. I saw him fire his gun direct for Kenyon.
Kenyon was standing in front of the muzzle, about four
or five yards off. Kenyon fired either one or two barrels
in return. The keepers were then rushing out of the
cover towards the coach road, from which they came.
Fillingham fired after them. Their hacks were turned at
the time. When first they came up they cried out, "Jack
Shaw, Jack Shaw, is that thee?" One of the party re-
plied, "NI give you Jack Shaw." Instantly after that
Roberts fired. We had a black dog with us. It belonged
to the Websters'. When the kepers ran our party
shouted " hurrah," two or three times. After that we
went through the gates into the highway, and made in the
direction of the tiazles. Some of our party said that one
of us had been shot. We then counted and found eight.
The two others had run in another direction. We met
two women on the road, coming from the Hazles. They
asked us not to harm them. We met a man before we
got to the Hazles. One of us bid him "good morning."
William Webster said he thought Kenyon was killed, and
I said that couldn't be, or else be would not have been
able to run so fast. None of our party complained of
being shot or hurt. Fillingliam and Rimmer left us at the
lane end to go home. Tlremaining six of us passed
through the Hazles-park and the village of Huyton. We
met a man in a cart at Huy ton. At Pilch-lane I asked a
man what time it was, and he said six. We then went on
to Liverpool, where we met a policeman. We left our
game at Williams's.

A number of witnesses were then examined to corrobo-
rate the testimony of th • approver, after which the case
for the prosecution closed.

Mr. JAMES addressed the jury in an able speech on be-
half of the prisoners, and called two witnesses to prove an
alibi for Rirnmer.

His LORDSHIP then charged the jury, who retired, and
after an absence of three-quarters of an hour, returned a
verdict of guilty against all the prisoners, strongly recom-
mending them to mercy.
Silence having been then called for, his Lordship put
on the black cap, amid loud cries of " Mercy, mercy, my
lord," from the prisoners, and piercing shrieks from their
female relations in court. The females had to be removed
before any thing like silence could be obtained.
His LORDSHIP then passed sentence of death upon the
prisoners in solemn and affecting terms. He said he bad
neither power nor authority to hold out any hopes of
mercy to them ; and he earnestly recommended them, by
earnest prayer and sincere repentance, to prepare for their
approaching end.

The prisoners received the sentence with indifference,
and were immediately led away by the keepers.

WEDNESDAY.

MALICIOUSLY WOUNDING.
William Walan, 28, (could neither read nor write,)
was charged with maliciously wounding Jonathan Har-
rison, at Ashton-under-Lyne, with intent to do him some
grievous bodily berm. Mr. HuuroN conducted the crt.e
for the prosecution. It appeared, that on Sunday, the
17th of September, about eight o'clock in the evening, as
Harrison, along with a person named James Platt, was
walking up Citron-street, Ashton, the prisoner, who was
a stranger to him, came up and knocked him down by a
blow on the head with a heavy poker. The prisoner after-
wards assaulted Platt, by striking him on the jaw with the
poker. The blow was so severe that the jaw was broken
in two places. The prisoner was in company with two
other men similarly armed, and, on being taken into cus-
tody, the only remark he made was, that he never saw the
poker before. The surgeon found a contused wound ott
the left side of Harrison's head. It was a quat ter to half
an inch long, completely dividing the integuments nearly
down to the 'oorie. The prisoner was found guilty of a
common assault. Evidence was then given on a second
indictment against the prisoner, on the charge of wound-
ing Platt. He was on the second indictment found guilty
of a common assault. For the assault on Platt he was
sentenced to six months' imprisonment ; and for the as-
sault on Harrison to four months' imprisonment.

BURGLARY.

Henry Howarth was charged with burglary in the
house of Thomas Howarth. his cousin, at Tottington
Lower-End. Mr. CROSS conducted the case. It op.
peared that the premises of Mr. Howarth were broken
into on the night of the 31st October, and a tea-kettle, a
pair of clogs, and a pair of stockings stolen therefrom.
The burglary was not discovered till the morning, but
during the day the prisoner was found dealing with the
tea-kettle and the pair of stockings which had been
stolen, and on being taken into custody he said, " I am
guilty ; I would sooner have seven years than not, for I
have been sleeping in a barn for three weeks, and I am
tired of it." The prisoner was found guilty of the bur-
glary, and it was also proved that he had before been con-
victed of felony. His Lordship, in passing sentence, said
the offence, which was of a serious nature in itself, was
greatly aggravated in consequence of the previous con-
viction. It was quite clear in his case that the experiment
of further imprisonment would be useless, arid from other
circumstances in the case it would seem to be the interest
of the community, and, he would say to his own interest,
that he should be removed from this country. The sen-
tence of the court was, that he should be transported for
ten years.

Andrew Brown, 23, (could read and write imperfectly,)
was charged with a burglary i❑ the house of Mr. Thomas
Irlatn, at Bootle. Mr. I-1 ULTON conducted the case for
the prosecution. Mr. JANI Es defended the prisoner. On
the night of the 3d October, the premises of Mr. Irlam
were entered through the cellar window, and a quantity
of articles stolen therefrom. In the morning, foot-marks
were traced from the house of Mr. Irlam to the shore,
where the sand had been disturbed, and two bottles of
ale were found. Following the foot-marks further into a
field at some little distance, articles of plate, which had
been stolen from the house of Mr. Irlam were found con-
cealed under the sand, and near the sea-wall a silver lid
was found. In the evening, a watch having been kept,
the prisoner, with two others, were found in the field,
searching at the spot where the articles had been secreted,
and after a struggle he was apprehended ; the others
escaped. The evidence as to the burglary failed, and the
jury found the prisioner not guilty of the larceny.
Peter Dootson, John Hunt, and Thomas Knowles,
were indicted for a burglary in the house of Samuel
Haslam.

Mr. Cross was for the prosecution, Mr. James for the
defence.

It appeared from the statement of the prosecutor, that
he, with his sister, a servant girl, and three young lads,
inhabited a lone farm-house in the neighbourhood o Bol-
ton. On the night of the 31st October they retired to
rest about the usual hour. In the course of the morning
Haslam was alarmed by a noise in the house, and getting
up, went to his bedroom door, whence he saw a number
of men with their faces blackened and armed with pistols
coming up stairs. They demanded his money. He said
they should have it, if they would spare his life. He
went into the room in which his sister slept, and brought
out a small square box, with some gold and silver in it.
As he was handing it over, some of the money fell. The
robbers gathered it up, and then drew him and the three
lads that slept in the room with him into his sister's
room. They demanded more money from her, and pre-
sented a pistol at her head. She shrieked very much,
and they finally went down stairs, leaving them shut up
in the room, and threatening to shoot them if they at-
tempted to escape. Haslam attempted to get through
the window, but some one below, outside, threatened to
shoot him, and he desisted. . In a short time the robbers
left the house, and, on going down stairs, Haslam found
they had wrenched the front of the dresser in the kitchen
and taken away some halfpence and some bread and
cheese. Some ale also had been drawn.

The chief witness against the prisoners was William