The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-04-11 00:00:00

SUDUCTION-

. •
OVEREND V. WATKINSON.—This case, which was ex-
pected to possess considerable interest, " went off," much to
the disappointment of a great number of court loungers, Mr.
Wortley, on the part of the defendant, consenting to a ver-
dict with £25 damages, costs 40s. None of the circumstances
were entered into.

CROWN COURT .-MONDAY.

(Before Mr. BARON PARKE.)

THE ARSON CASE&
TRIAL OF THOMAS HENRY.
Thomas Henry, 21, was indicted for having, on the 14th
of October, at Liverpool, feloniously, maliciously, and un-
lawfully set fire to a certain dwelling-house of his, one Anne
Mansfield•being at the time of the felony within the dwelling-
house. Another count charged the prisoner with setting fire
to a certain shop of his, situate in Liverpool, with intent to
defraud Thomas Richter, secretary of the association called
the Phoenix Insurance Company. Another charged him with
having.set fire to the premises with intent to defraud his cre-
ditors. There were other counts varying the form of the in-
dicttnent: Mr. Adolphus, Mr. Paget, and Mr. Fitzgerald
conducted the prosecution. Mr. Wilkins and Mr. James
defended the prisoner.
Mr. ADOPHUS opened the case at very great length, ob-
seriing . that the charge which the jury had heard stated in
the number of counts, reduced itself to two counts, which it
would• be alone necessary for him to mention—one, that the
prisoner set fire to his premises with intent to defraud the In-
surance Company and his creditors and other persons; and
the other count charged him with setting fire to his dwelling.
house, one Ann Mansfield being at the time in the dwelling.
house. That was a felony also. The same facts would prove
lioth cases. The learned counsel observed that he should
not lay much stress on the latter count, as it was not supposed
that tile prisoner, had any intention of injuring Mansfield.
She in fact escaped from the premises shortly after the fire
was dilscovered. The witnesses were called to prove the facts
of the case.

William Fox produced a plan of the premises, which hi;
had taken, and which he declared to be a correct one.
Cross-examined by Mr. WILRINS.—I-lad taken it on the
premises, and had taken notice of the doors and premises,
but did not observe any extraordinary current of air. The
neighbourhood was very thriving. The shop frontage was
15 feet 11. inches ; would call it a third. rate shop. On t he
route from, St. James' to Great Homer-street, the nearest
coach-stand ' would be Scotland.place.
Joseph Mansffeld examined by Mr. PAGET.—Knew the
prisoner and had been in his service as errand boy. He k ept
a draper's shop opposite St. James's Church. Entered his
service about five or six months ago. Closed the shop on
the 14th October last, about eight o'clock, and also closed
the door, and received directions to go up stairs for prism ier's
hat and coat.. He took a light with him, and then we, it up
stairs and brought the things down. There were nine lights
in the shop, four in'the window and the others in vitrious
parts. The lights were :all out except two. Came down
stair? and'put out the candle with an extinguisher, at id left
it on the table. The two lights which were burning a ere at
the middle of the back of the shop, and hanging fry im the
roof, perhaps sir feet from .the ground. Put the pr,per on
-the floor after he had lighted the candle, but did not see any
sparks as'he pat his foot on it. Prisoner was then in the
shop, and after getting the hat and coat, told witness to go
down into the kitchen till he wrote a letter, and aft er being
there about w quarter of an hour, prisoner called him and
gave him a letter to take to the post. The shop ws.s then as
usual, with the goods laid on the counters, whicli he had
brought from the door and window, the other arty ties being
in their places. • The goods consisted of Orleans and other
articles, but there were none on the floor. Came out of the
shop as soon as he got the letter, the prisoner o pening the
door for him, but he (prisoner) remained, though'he appeared
ready for coming out, as he had his hat on. Did not observe
prisoner close the door, nor hear any sou.nd as hr; went away.
The key was in the door on the inside, and 'prisoner was
standing near it. Prisoner put out the gas, leaving one
lighted as he was in the habit of doing. Did not know whe-
ther prisoner remained in the shop oc not. Witness then
went down Park-lane, on his way to the post, about half-
past eight or nine, and met Cathedra; Evans at the top of
New Bird-street, which is about 20() yards from the shop.
On getting to the top of Park-lane b,e heard an alarm of fire,
but went on to the Post-office, anti afterwards returned to
the shop, which was then in a blaze.; it might be half an hour
after leaving it.
Cross-examined by Mr. WILK' ss.—There is a great wind
through the shop, and on the d ay in question was very full
of goods, lines being placed across with goods hanging On
them, which were left in that 'state all night. Some furni-
ture had -come in that day, and a short time before a very
handsome sofa, also a bale of shawls on the Thursday, and
some other goods. Took coals to the fire both morning and
night oil that day. Prisoner always left a light burning at
night when he went out.
Examined by Mr. ADOLPIIUS.—The fire in the grate was
left burning at the back part of the sho Proctor was not
at home on that. night, The p.
• current of air in the shop was
only when the doors were open. The shop had a better dis-
play of shawls than usual, which were hung on lines round
the slum about a yard fr3rn the light. Did not know of any
woollen goods being in t'ae shop.
Catharine Evans exarained bMr. FITGEIiALD.—On the
we
day of the fire was with Ann Raydeliffe opposite the prisoner's
shop, and she sent hexhudtotiwrig n to Crosby-street a little after
re
eight, and they
up prisoner's shop. On her
return met the shop kmy, and came back. to Ann Radcliffe,
and tae shop was then shut up, and soon after prisoner came
out : it was nine o'clock. He was alone, and went in the
direc';:ion of Great George•street. Soon after Ann Radcliffe
said, " Look at Ffenry's shop, there is a light and a great
deal of smoke," and sent witness after the prisoner, but
could( not overtake him. When the prisoner came out of his
shop 'he said, " Good night Ann—l am going a courting."
Did not see him again till after ten.
Cross-examined by Mr. WiLscirla.—ffad seen furniture
tate:a into the shop thaiday, and a sofa a week before ; some
goods also came that day in a cart.
Examined by Mr. Anorneuus.—Soma goods were brought
by s.)tne boys, and no one was there at that time but prisoner.
Alin r_icsoner.
A:3n Radcliffe, examined by Mr. AooLynus• 1
shop. a
fruit .stand in St. James's-place, opposite the prisoner's
On i?riday, the 14th, saw prisoner come out of his shop about
half an hour after it bad been shut up,
o'clock, and he said, " Good night, Ann,, perhapsbout nine
and
told her that
direction of
he was going to Evertor'. He then went hi the
Greet George's-street, and about five minutes after saw
halo:cc coming out of the crevices or the door, and sent the
last witness after him. She then gave the alarm, and saw
the pollee coming up at the time, and sent one of them to the

Cross-examined by Mr. WILKINS.—Had always said there
were distinct fires. fie never said he could not tell whether
the fire was all in one place or not. There was no water
thrown in through the door that he knew of. \Vas quite
impossible that he could he mistaken.
Joseph Nicholson called. Examined by Mr. PAGET.—
\Vas on duty as police constable at the time of the fire, and
broke into the shop. Saw two separate fires ; one was near
the window, and the other at the far end of the shop, and
both appeared to be distinct and proceeding from the floor.
The fires were two or three yards apart, and the goods on the
counter were burning. There were shasls laying louse on
the counter, and other goods strewed about the shop. Threw
some some water on the fire, but did not succeed in extinguish-
ing it.

Cross-examined by Mr. WILKINS.—Did not see any one
come and break open the door with a shutter. Broke open
the door with his shoulder, assisted by others of the police.
Examined by Mr. ADOLPH US.—Did not know the pre-
mises. There were a great many persons about, but did not
see any one break open the door.
Thomas Ormsby, a police-officer, examined by Mr. Fere-
GE RALD.—Was at the fire on the night in question, and as-
sisted in throwing water. The fire appeared to be near the
window, rising up from the ground, and there were cloths
lying about the floor, but could not say what they were. Did
not see any gas light burning.
Cross-examined by Mr. WILKINS.—The panel, he thought,
was forced by the shoulder, but could not be very certain.
Remained there all the time. Only saw fire in the left-hand
corner, and had a view of the whole shop. The fire was
burning about three-quarters of an hour. The fire burnt
more fiercely when the door was broken open.
Ralph Morris examined by Mr. ADOLPH vs.—Was a con-
stable, and on the night of the fire got in through the back-
door, and went from thence to the shop. Saw a great blaze
at the side near the window on the right, on the same side as
the fire-place, which appeared to proceed from the floor;
there was also a small fire on the left, which appeared to
come from the ground. Saw Ann Mansfield, acid gave the
alarm. Was only in the shop a few seconds.
John Smith examined by Mr. PAGET.—Was a car-driver,
and was called off the stand in Scotland-road on the 14th, the
day of the fire, by the prisoner, and on arriving opposite the
Adelphi, he put his head out of the coach window, he told him
to drive on, as he (prisoner) thought his shop was on fire. Set
him down at Nile-street.
Cross-examined by Mr. Wrescries.—Di not say prisoner
was the first to tell him of the fire.
Alex. Al'Donald examined by Mr. FITZGERA I D.—Was on
duty in Scotland-road about twenty minutes past nine, and
heard of the fire.
Ronald M`Donald examined by Mr. ADOLPHUS.-1% as an
inspector of police, and at the fire on the 14th. Saw the
prisoner there, and asked if he had not shut up earlier than
usual, and he replied that he had not shut up until half-past
eight. He kthe prisoner) said he did not hear of the fire till
he got to Everton-brow. Prisoner told Leverett he was in-
sured for £lOOO in the Phoenix, but did not know the amount
of his stock, but his books would show it.
Cross-examined by Mr. WlLKlNS.—Considered it his duty
to ask the prisoner questions, and get information, because
it was a duty that was required of them, and that they were
to report on it. It was his duty to report on the extent of
prisoner's stock.
William Leverett, police-inspector, examined by Mr.
PAGET.—Was at the fire, and saw the prisoner about quar-
ter-past ten, and he said he belonged to the middle shop, and
on being asked if he would be a great loser, he replied " Yes,"
and said he was partially insured. He said he was at Ever-
ton-brow when he heard of the fire. lie said he was last in
the shop, and had closed it up at half-past eight. Prisoner
did not appear to be agitated; his manner was that of indif-
ference,
Thomas Brailsford, examined by Mr. FITZGERALD.—Was
a clerk to Widow Sutton and Sons, agents to the Phoenix.
On the 17th October, prisoner came to the office for a claim
for damage done to his premises. He produced a paper
claiming £l,OOO, and some conversation took place, in which
the prisoner said he had locked up about half-past eight,
and put all the lights out but one, at the back of the shop.
Be said he had a letter to write, and after sending the boy
off with it, he went out, and was going to Great Homer-
street, when he beard the first alarm of fire in Rodney-
street, and on getting to the New Haymarket, he heard it
was in St. James's-place. He said be then took a cab, and
went straight home, where ha arrived about half-past nine.
Prisoner said he was sure he had put out all the lights, and
there were no shawls lying near the light. Said he had in-
creased his stock very much.
Thomas Fresh, police inspector, proved the serving of the
prisoner with a notice to produce the policy of insurance.
Brailsford's examination resumed.—The particulars of in-
surance are entered in a slip book, and a duplicate given to
the varties insuring; it is afterwards entered on a sheet, and
sent. to London, and when returned is finally entered on the
company's books.
Cross-examined by Mr. 11,11.1[ra:sc.—There was some con-
veesation about the fire. Would not swear that prisoner
said there were no shawls near the fire. Prisoner was taken
in to custody on the Monday after he had made his claim.
By the JUDGE.—Prisoner did not say what he attributed
the fire to.
Hugh Sutton examined by Mr. Atmeenfis.—Was agent
for the Phoenix Insurance Company. The entries in the
order book were made by him. Prisoner was insured to the
amount of £l,OOO, including stock and fixtures, household
furniture, &c. Went to St. James's-place at the time to see
the premises, and found the property referred to in the state-
ment read.
Cross-examined by Mr. WILKINS.—Was called on by Mr.
Dowling to give evidence. The Phoenix Company had not
agreed to pay the costs of the prosecution.
Samuel Fern, examined by Mr. PAGET.—Was clerk in the
Phoenix Company at London. This witness detailed the
practice of effecting insurances from fire as stated by the pre-
ceding witness. An order sheet was also produced, in which
the policies had been entered.
Thomas Clarke, an apprentice in the office of widow Sut-
ton and Sons, proved the entry of the policy and the date of
its receipt, which was the 18th of March, 1842.
Cross-examined by Mr. WILKINS.—Copied the entry from
the policy.
Samuel Fern recalled.—The policy would be sent down
to the office in Liverpool as soon as effected.
Richard Chander, a clerk in the Piicenix Fire-office, Lon-
don, produced the book containing a copy of the policy,
which had been effected for £lOOO.
His LORDSHIP considered that sufficient evidence had
been produced to show that the policy had been effected.
Thomas Branch, auctioneer, examined by Mr. ADoe-
PHUS.--Knew the prisoner, and had received some goods
from him for sale in August last, and also in September.
They were stock linen drapery goods, amounting in value to
£5OO, and the instructions were to sell without reserve to the
amount he had advanced, which was £195, and afterwards
to sell only for the prices marked in the invoices. The par-
cels received on the 22nd September appeared as though they
had not been unpacked, but had come direct from the manu-
facturers. Some of them were returned unsold, and de-
livered to a carter by prisoner's directions.
Cross-examined by Mr. WlLKlNS.—Persons of the highest
respectability are sometimes obliged to adopt that plan.
By Mr. ADOLPHL S.—lt was not usual to receive goods in
that way from a retail dealer.
Joseph Hodgson, auctioneer, examined by Mr. FITZ -
GERALD.—Knew the prisoner, and received goods from him
for sale in October. The goods consisted principally of stays
and light articles of drapery, in value about £52.
Philip William Denby examined by Mr. FITZGERALD.—
Had had dealings with the prisoner, and supplied him with
some of the goods sent to Mr. Branch for sale. Understood
that the prisoner had assigned all his interest in the policy to
his creditors on the day after the tire.
James Egerton, packer to Messrs. Denby, proved the
packing of the goods, and that they were sent by the pri-
soner's order.
'William Helby, stay manufacturer, at Portsea, deposed to
supplying the prisoner with stays to the amount of £5l 9s. 6d.,
and had seen them at Hodgson's sale-room.
Anthony Atcheson, clerk to Blackwell and Co., of Man-
chester, deposed to the prisoner being supplied with goods in
September last, to the amount of £BO Os. 7d., consisting of
Irish linens, lawns, &c., the same as part of those sent for
sale to Mr. Branch.
Cross-examined by Mr. WlLKlNS.—Believed several
of the prisoner's creditors had been subpoenaed by Mr.
Dowling.
John Knowles, a carter, examined by Mr. ADOLPH US.—
On the 16th September took some bales away from the pri-
soner's shop. Had been sent by Mr. Shannon. Did not
know what they were.
George Fletcher, brushmaker, residing in Parliament-street,
stated that he saw a cart come to prisoner's shop, about three
weeks before the fire, and go away with a quantity of goods.
Had also seen the prisoner's stock, which appeared to be
principally prints and calicoes.
Henry Ward, a police-constable, stated that he was left in
charge of the premises after the tire was extinguished, and
afterwards gave them up to the care of Samuel Fisk. They
shirts, furniture,lwhich would
consisted
sp
treL prints,
were then given up to Maxwell, the inspector of salvages,
of
n list o fintelri
naorst.icclie
escskasvieLl
sweiC'ee rrea lapdieece!estoef
cotton stockings, and 'union linens, also a small quantity of
,ywhich could not have
black satin, some ribands, linen, a blanket, and a smallpiece
of cloth. He had had experience in cases of fire, and of
opinion that there could not have been any quantity
ten cloth or silk on rollers, the latter osfic,-,
nbeoernemfoauinnds,oafsss,ll.koro,yn
ororlolerrsiebaunrsncsiovteir
been the case if any thing of that kind had been onee
ther were
mises ; some remains of silk handkerchiefs were there, but
no stays.
worth of goods on e JUDGE.
the pre—Coul
mi cot say there would be £l,OOO
iB,
lyie claim of the prisoner was then put in and read, which
s.
showed an amount of £l,OOO as the loss he sustained by the
fire.

This was the case for the prosecution.
Mr. WILKINS asked his Lordship whether he thought that
there was any case.
The JUDGE.—Oh, yos.
Mr. WILKINs then addressed the jury on behalf of the pri-
soner, in a very powerful speech.
Mr. Baron PARKE summed up. He said that the charge
against the prisoner was that of bOing tire to his own house,

back dOtth lott thei 04, 014 tAAt tbe 1 ittLi itt dfit b t)4 bit e indietditht hi, Aar- OA
front door teas burning, Which was uhustly left. Had been with the eapitniollenct, because, notwithstanding the alteres
hi the shop about two hours before the shop was closed. rion in the law, it was re felony to set en fire a bOUV,.! itr IThial
Did not see ery fire made in the shop that day. there was any person at the time, and if in the result, the
Cross-examined by Mr. Wisteiss.—The shop looked very jury should he of opinion that the efesnee substantially in).
hendsome, and every lady and gentleman admired it as they Patel to the prisoner at the har was made out, they would
passed. The shawls hung oil round tire door, and she have no digit uitv in finding him guilty on that count. Sub-
thought one of the shawls It td Oven rya}' with the draught oh staet:ally, the charge against him way that of setting fire to
air and caught fire. Did not see any one go in. There was his house, with intent to defraud the insurance company.
a great draught of air through the shop. He (the leaaned Judge) could not attach any blame to the
Examination returned.--Thinks it was the shawls that had learned Counsel for his opening statement. He could not
ben n moved by the draught, and had mentioned it to several recollect a single expression which laid him (M r. Adolphus)
persons, though she could not recollect any one in particular open to the severe censure which had been passed upon him.
to whom :the had mentioned it. Tire light was shout three His statement was emst distinct and clear, though there were
yards from the door, rind there were shawls vsry near it. some things, perhaps, which had not been proved to the extent
The gas-light had only a saucer over it. he had opened. The question was, however, whether enough
William Woodall, examined by Mr. PAGET.—Wns a gas- had been proved to justify the jury in finding a verdict against
fitter, and recollected the prisoner coining in January twelve the prisoner. The case for the prosecution depended mainly
months to request him to make some alterations. Made on tire evidence of four or five persons, the shop boy, the
alterations in the gas- fittings, altering the position of some, , old woman, and the police-officers; and it would be for
and also putting in some new ones. There was a rail ex- the jury to say whether they could see that the fire was
tending across the window, and the lights were between that the result of accident, either from the paper with which
and the window. There were also others in different parts
the boy lighted the candle, from the dying out of a hot
of the shop, and one to light the door on the left hand going coal from the fire which had been left hr the grate, or, as
in, about two feet from tire entrance, but there was no glass was represented as the most probable, from a draft of
wind, caused by the prisoner opening the door of the
shop, drawing one of the suspended shawls against the
gas light which was left burning, and which was without
the protection of an argand burner. The testimony of the
police-officers certainly varied very much, and their whole
statement was very much confused ; but some of them had
confidently deposed that they saw goods burning in two
places on the floor. The observations made by the learned
counsel as to the time selected by the prisoner for the
alleged offence were quite true ; but at the same time
it was quite true that persons who had fraudulent and
wicked intentions did not always pursue the wisest course.
Arranged as the goods were, he might have thought it very
difficult to put the tire out. The motive attributed to the
prisoner was that, being in embarrassed circumstances, he
wished to get clear of his difficulties by setting tire to his
stock, and receiving payment from the insurance company.
There was no doubt that the prisoner was embarrassed, and
that an insolvent man was much more likely to commit this
crime than one in good circumstances. There was certainly
no distinct proof, though there was some, and the stock had
beers over-valued. But still it was possible that the prisoner
might have set his place on fire, although he had that stock on
hand, in order that he might get money for it from the
office. As to the goods which had been brought in just be-
fore the fire, that circumstances, although favourable to the
prisoner, if the other evidence could not be explained except
on the supposition that the prisoner set the shop on fire,
ho explained by supposing, that he brought in those showy
articles to lead to the inference that he could not have de-
stroyed the place, because it was well filled. After a few
further general observations, his Lordship proceeded to read
and comment on the evidence.
The jury retired. They returned in a few minutes with
a verdict of not guilty. The result was hailed with loud
applause by the spectators, and the officers of the court
endeavoured in vain, for a few moments, to curb this mani-
festation of feeling. As soon as the crowd outside learned
the verdict they also cheered. The prisoner was at once
discharged.
The court adjourned at six o'clock.
The trial of Patrick Doran, for arson, will come on this
morning.
[We are authorised to state that the above prosecution
of Henry was not instituted by the Phoenix Fire-office, nor
conducted in any respect under the directions of that
company.]

Ann Mansfield, el-amined by Mr. FITZGERALD.—Viras
servant to the prisoner. There were four rooms in the house
besides the shop, all furnished except one. Prisoner and
Procter slept together. Had seen a fire in the shop on that
day, and had taken up coals for it.
Cross-examined by Mr. WlLKlNS.—Procter had nearly
all his clothes burned. Prisoner was a good master.
John Towerson examined by Mr. Anosr'uus.—Was an
inspector of police, and on the 14th October went from the
Seel-street statiou, and got to St. James's Church about nine,
and saw smoke issuing from prisoner's shop, and broke open
the door. The fire was on the left hand side, behind the
counter, near the window, and appeared to come from the
floor, reaching very nearly to the ceiling. There was another
fire in the far corner of the shop, near the left-hand wall,
which appeared also to come from the floor, and rose higher
than the other; they appeared to be distinct. There were
some shawls hanging in the shop, but did not see any where
the fire was. Remained till the fire was extinguished, and
visited the shop next day. The floor was much burned as
also the ceiling. The fire lasted about an hour and a half.
I saw the prisoner standing near the churchyard-wall, with
Liverest, when the fire was burning, about quarter past ten,
and he said he had made all secure, and had got as far as
Everton-brow when he heard the alarm, hut could not learn
where it was. He said he was insured in the Phoenix for
£l,OOO. The goods were afterwards assorted, and left i❑
charge of an officer, and then taken to the South Dock
Station.

CROWN COURT.-YESTERDAY.

(Before Mr. Sergeant STARKIE, in the Grand Jury-room.)
The learned Sergeant took his seat at twelve o'clock, and
the business of the Court immediately commenced.
HIGHWAY ROBBERY.

William Hargreaves, a young man of 22 years of age,
stood charged with having, at Manchester, violently assaulted
one Emanuel Leach, and with having robbed him of sixpence.
It appeared, by the evidence for the prosecution, that, on
the night of the lith December, at about twelve o'clock, the
prosecutor, and a man named Williamson, were passing along
Back Garden-street, Manchester, when the prisoner and a
companion came up and severally attacked prosecutor and
his friend. Prisoner struck and kicked him violently, cutting
him over the eye and throwing him down. When the pro-
secutor was on the ground, prisoner attempted to take his
watch, but, from its being entangled, did not succeed. He
then took sixpence from out of his trousers pockets, which
sixpence he had received shortly before from Williamson, in
repayment of the like sum lent to him. After the scuffle a
cap was found in the street by the police-officer, which, on
the prisoner being apprehended so late as the 16th March,
he acknowledged to be his. The prisoner denied the rob-
bery, and said that he himself had been first attacked by the
prosecutor, and that he was kicked and abused, and merely
stood on his own defence. He called several witnesses, one
of whom said he saw the scuffle ; that the prosecutor was
very drunk and abusive ; that he nearly choked the prisoner ;
and that another man, and not the prisoner, kicked the
prosecutor.
The prisoner was found guilty. He was not before known
to the police, and a witness gave him a good character from
his infancy. His mother, a widow, was also heard. She
said he was a good, industrious lad, and had long been the
main support of herself and several other of her children.
He had never been in a court of justice before.
The learned JUDGE said the offence was a serious one, and
the legislature had recently enacted that it should be punished
with transportation for life, or at the least for fifteen years.
He was accordingly sentenced to be transported for the latter
term. The prisoner and his mother cried bitterly on hearing
the sentence.
Mr. BURKE conducted the prosecution. The prisoner,
whose mother was poor, had no counsel.