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

Vi. 144

clUtiiaS

We tit t 7

le o: 1 ! n!.!

.... %re tend Milt trtiktitiA i-lre
-, iii'bt pileimer /deo stood charged
. we, prisoner' beedust he knocked et the celi-clobr,
It appeared, 11.001 the evidence for the
sue he said he wanted to see Air. Woods, Lis old master. .
I 1 aiding and ase 1 e.
twelve and one in the 'corning of
! with lieviii,..:l"sieyt.ll.l;:!teerithetlier-attie femnic, and the others with
Saul nothing to bins befu • • that tiew Ile had 8 'lie-
to the iroseentrie's house and
thi"g very heavy on hisu'reind, /i / I
%.1'..,...c.i et: IA isil,l°' t'r,
t Led, herself' only
i
• t the door. See gone o , e
tpir,,n s2e6ctit 1
in)ieacet loi that e
i., t ,iey between
went,
had 1 ,
communicate to hitn. I told him I could not .iiiow naide a noise a
~,
One of them afterwards got in by the
alle cualaleiten, unless I preee,,t. 41 e si;id I bbae(ik)gwiiini window into iiiii°t'o's(l-ier bediemm, and is as initmediiat,e)lty fcil-
'night be preseet• I 'hen went wasfor Mr. Wcead,s.
into
1 loeed by the other three. The In•st whoten t.i,
window,gand
,vs from horn:. . IL au
he
I told
tth.i\ef prisoner
ithat. Asl 1 returnee
the bed, which wee immediately under h
from Mr. N.VooLds'
ty.t.,
.t eelaii
.1, the magstralie. 1
Ilad seem cases to disine- I before um: I then Late.
the
the room, mid said nothing. He preese( .
while
ener Mr. Woods .iii.•)•uef•a
Vi welts I went into accomplished the offence stated,
the
cell,
Mr. eels ils. 10141 :tore
sobtYhai7
at the uoor, and the prisoner
could see line I then was
1
came in, yi i slit:, eh svetr,ev•aonti,efdt
hoeuit,,aiiitiyi d,
They all then went
len set tae cell. lie prisoner again she could not cry out. A.thee)rw.tehicealte•tt
twin() neighboursopeued the door from the inside.
k'''' eked at the door soon atter. and he said when I went to w 1 e. e: , Hawkesworth, Lee, and Lovatt were all_
him that he s
way ieuguine.
the prisoner sted'ed\t? Bce
Mr.
Gree"ii.
whom I told what
arebended. Griffiths afterwards surrendered himself to the.
% hen we got into the cell, the prisoner
began to make. z: .t
~.4_ al.e!ii.ent,ltut Mr.. Greene!l cautioned him p .
etworth,
utrix let them in herself by the door. Hawk
agaitist melee),
B,id
~
It lt twice.. The priselicr turned to me, and
pProolivcel. He admitted beieg present in the house, but said
frieud to Itle•;' met that did the deed. I hope you will be a
when they were taken. Dr. Brown was for the prosecution,
Lovatt, and Lec also admitted being present at the house,
then stated,
oiit then stopped him, and cautioned him. He
went to the Bird-in-hand, and had a
glass of rumandl hisw
> • that the prosecutrix had parted from her husband;
in.hanti
with
loelikis: at•iite, when the bells were rinsing a little
after
(B)ll.the road, because heiet
hhii,st ws iofekohnadt beer' brow -beating linda ellellaltedduiieell: 'a
o
her hueband in his own house. The jury stot)paeed( utithteedeaaslel
married woman, who had found her alone with
bei.'-,nw,iitt.,W,ii.s.an ; that he had 4ea3i,on toa ggc!rliev'tollaiontielT had
when Mr. Wilkins was addressing them, and 1
the prisoners.
upon
whiir'llthowed him, and began to brow-beat him again ;
stabbed herntamed up, pulled his knife out of his pocket,
he did it, no .r. in the throat he said he did not know how CROWN COUR.T.—SATURDAY.
rue that, after
r how he got out'of the field; he afterwards told Before Mr. STARKIE, Q.C., in the Grand Jury-room.
he !leit done the deed, ise took three ha(f ROBBERY.
and John Riley, were indicted for
coci°l7l:l,owiratsof.iheer pocket ;he said the knife which I found Samuel Direr[, aged 36,
how
he
got
0,21 t knife he used.
therefrom two gowns
prisoner and is° •the field- The clothes were shown to the • mouth of November last, and stealing
He said he did not know • having entered the house of Jane Daniels, at tealford, in the
_ross:exa . e did not say anything
knife--:
..• innlie said that 1 •stabbedi• •h I T 1 • rs were undefended.
wheet I found .
.he eer wit_ tle The prisoners
been observed trying the door
and other property. Mr. Monk conducted the prosecution.
Tile
coo,itah upon him, in answer to a question from
rt the robbery was con-
duce the clotheses who were present when 1 showed the of the prosecutrix's house. on the nigl
It appeared that Dixoni had
.e
whilst I was eoe are not here. They had access to him ' ‘i A
afterwards,
duced the shirt ig
Ito fetch Mr. Woods-. This witness pro- premises, and both the prisoners, a s ior tun
found
matee. se watch was, in consequenice,t placeed upon the
prisoner reerel
to
which
r c uthee, and carellestick upon . the were found therein and secured. Skeleton keys were
Mrs. Right 3',,,"'t his eyee several time 5 upon them ; and several bundles had been tied up ready
she said was the" recelled and eliewn ti 1 • -which be conveyed away.
, prisoner's. She I •
le canelestick,
as the msoners
siand.
.. e
aso identified the clothes The jury returned
Ne illiam Edward Sc (le oaes.
prisoners.
commenting upon the serious offence
a verdict of guilty against both the
ton oil the 28t1 '
xutlaneore.-1 a
Elizelieth Biall- -.or"and
p •loalfieterrs had been convicted, sentenced Dixon
exand,,edva,s, assistant to Mr. Gar- Mr. STAIRICIE
Cllt incised of' de)..l, fouad a large
wnotulitadt d.ay the body of
cai•otid ai•try of the threell.n.el'es lone, and two •
‘ ent.
Tile impri,soll2l
tbe neck, a toof transportation for for seven years, and Riley to twelve months'
issue! sad
was com l eft
s'llo
w"
cut nearly Int
depth.is Tl
BURGLARY.
C
partly a stab, and p etely severed. It appear •td"'ouig .
Cross con-
e to have been
place
the neighbourhood of Bolton. Mr.
wets caused
a cut. Too death
.. of the deceaeed a in
,the
knife 1 by t le sudden loss of bld
low Produced would cause ;utta.hus.ed.by prosecution. The prisoner was undefended. d
b John Bern', aged 21, was indicted for burglary. at Egerton,
did not e
She
was ppear from the
is a farmer named William Marsden, an
1d e oued. There Ine Prosecutor
the wound. ducted the clothee to have' been any sitruggliug. it appeared that,
On the 25th of August last, his son, on
''',,ro ice all advauced state of r
ine down stairs. He was immedi-
‘i ss.examined.--1 have beeiiPt:gr, Ile?' . returning homesn tire evening, found the doors of the house
inside, coro4,tine;s "'Yes said, I attended' theLi ‘e
-'e4"
in
practice. open and the prisoner. corna,
the prisoner him ;had been afforded to him of carry-
. • After the charge had been I,,lques! as Clerk to the ately seized, and a saw:h chisel and a crow-bar found upon
l a statement, which was taken d i'i(s)-neht!",
opportunity Access into the house had been oh-
lia' teoevied the prisoner very particular(lyo .st
wm.aysfaattlier, who in; any property.,ao%os
ear'•lrs• the key, which was customarily left
tileieueoroeirl'erandthe prisoner signed it, whiclir eels attetes'rt‘•%darldit but no
r's son when he staid out in the e_veninsgx.
s twined by thseeeloirtios
I ,tre.it to The following deposition was then read : L Y ,ti•:)iripk: i sio) rioe r was found guilty,
and lie was sentenced to i
got '
a cup
_f
..e.church last Sunday afternoon, arid afterwards months'- imprisonment.
etet 1. , u 1a ; Iny wire wished rne to t• 1- • - • • '
HouseBREAK ENG.
shdae d BA with tier,
ed 31, and Raehael Knowles, aged.
~,„,
~oald her to put her bonnet on.
went up stairs and Benjamin K. nowles, a
bg akine• into the dwelling house of
11.!'.,s'es,t
.hil a little shawl. She told Mree w Rigby to leave the 31, were indicted tor rc . e ,
on the Ml' of Janu-
'c'pt,ie
ter.iirie, we, 'perhaps, 1 at
~,,, . ps, should not be long. We tvent out Thomas Crook, at Tonge, near Bolton
four brass
Bo we "u or , and she said,
went ue tl • 'We will go this iva •' and • lost, and stealing therefrom a copperkettle,_
the
en,
re
peore. ~_ , the 11111 to the Bird-i'-th' 1• 1 I She ly ' an3'
le lad been pans, and ot ler. a
iold
,:istoir, two or three days, telt felt better.hn•( •
and the prisoners were detected th.roueh
we
were '-•_d for a walk. We had each a gtu;iiotitireoanflteriiijoieno, were. unitnhteerementisng
fo;r sale at a furniture broker's. The tel/ile
for
out we heard
offering 1
prisoner was found guilty,
the
et least I thought . it,the St. Helens coach eomieg, prisoner was acquitted ;
otherent for nine months.
eielea
coaeit was tad I askeda 1 1.• were
been s, h; Sod
m_ • her iit the St. and sentenced to imprisottnuißnGLaßy.
eueset of woo
.we went or, after it towards home. I had
aged 23, were
ellellows • 4 4 I.llollth last Moncley. I belonged to the Joseph TVebb, aged 22, and Peter Campbell,
..,..
IN I 108-
,1,.,.1), ~. and had gut ley card 1
the house of Mr. Robert a !
UM went on tramp. I weet charged with a burglary,.
ia-I ter on the 6th of March last,
;7.40..eree,.e :istaucirester en Icalled
'0; , lee frool.
on ;), i at her aunt's where we were ley, a pawnbroker, at Mane les ,
silk handkerchiefs, sonic
om two hundred
IR sweet n''•
.
our way home I was telling her about an and stealing therefrom
iterde her ..,.., of mine, whom I had met at Wigan. So it coral heeds, and from £4O to 450 in copper silver.ll'l
riso-
would loo.ite.'llous, and she began upbraidin r me, and ••d I coral
l'e d dguilty to the indictment, and the other P
were
, ,sai t ebbes e
that gate. elt anybody rather than her. We'w
e 9
found guilty
slid
ilitei
w...piaa.ce leading into that field by the e1.:,..-Lewg°oguPsaess, roiftanwaoardinary description ; and the prisoners were sentenced
hirolio'7etdloielen,rsatitihier short and I went into the held, and to transportation for fifteen years,
noise eatened I wnoPuldrad4 in•g me
about this woman, and
lier a. oilt whatits it oat her ir she did not hold her
stabteoie n
so was all nonsense ; and I was so lead at
ecilileor.,, , that I Pulled my knife out of my pocket and
bee was tile -
Air. JamEs case for the Prosecution.
not attempt .0 addressed the jury for the prisoner. He would
.)liiiet
idieeath J
odieisld,ueeteeatsheed facthd that the blow which caused bee given by the prisouer,
Is be ewa' guilt of manslau
biter and not nitride'. It could
tai e
.. ()mended that
pia' u eilything but ui t .
,i o that fatal moment he had enter-
',tete tha, ,
.tilt strongest affection for her ut it was
eiteeiee.,`
and
tlnees she laboured under a strong degree of ex-
81,n. eat, ti WaS SO, to a considerable extent, on this occa-
evieeed tie' welt upon the jealous the : had always
Would ; e dwelt
the careless levity Yof her deceasedhusband, andwhieda
Ittel.akv°aysag,gsravated by her love for him ; the fondness he
rmalies t theueLlip:ed for her, the absence of any previous
e teeat
.. ieuou humour that existed between them to the
pi„,, . er tee catastro li • I '
is"e'nev,eld not have beenp
~- t le probability that so public a
'itee eheuteundated ;
thathcel:oseani had the crime of murder
"?iele I, ;Ytieaet",l,gi ,hi in n o flee sonjiee femalen y
h havee t
.b been 1
ee
,xi
s-
,.l',fereie wh,e`,!
sis,.ceXe..itement might have been increased by
'Ollll. 1, had I")eeielsili- di.ank.at the Bird-in-hand ; that the noise
'41., that she maid aught have been that of their disputa-
ittl, h„
that
,oM!ght have taken the scissors out to stab
t°4
fa
h'egr.lo li.s his passion he suddenly seized his knife and
liar let Of the bl upport of the latter hypothesis he alluded to
Freil, and
to
theood being on the shirt wristbaed of the left
iiia:lel"lY to taken7ture.of the wound. Had lie gone there
bee thew ound to ier life, would he have thrust the cloth
seal dor_ staunch the blood ? but the thing having
hel la would he not natural! try
y every means of con-
ould it • The more he loved
Were 'l5 be at 11 aspersions hey, the more indignant
; ee.
p,et_ her until he had become, as it
t_l ,e
eiv.Lo
1111stalyn ma dened. , and struck the fatal blow. Under
and aot'rn'ilard cee the crime woald be that of manslaughter,
'tile Pei et •
Slit Jat soner frequently shed tears
Buring the delivery of
arise very patheti
pt, e l, ,nne
.e and Powerful address.
11,wider hew ti,,eJeii l! said there could he no doubt that the
the cause of the death of his wife, and that
tiler et t° reduce tl
leo.: rails, , .
ve . the crime from murder to manslaughter,
t".'. tie`d?.? been sufficient provocation to excuse the
•eniPlated • u not see any such provocation, as the law coll-
iery to
coil in the evidence t 1 • It ' would be for
_ iltidensider whether
theontd
orwr s
was inflicted
n tiie
tedto ammoment
theent
;4:Nes, hrao"ger, or that it resulted from a lurking males
itiollt thro,gitig lit out by provocation. His Lordship then
o lig' The the evidence, commenting upon it as he went
4sonfe,te rather etohnacea.lnient of the matter told against the pri-
it w0r,,;1! to iiisseea.ien.
her to
favour.. _ Unless her jealousy went
l'ilezae
re, lido he 0 `to'giattigabtiooooufsethvieoloeftn.ecteieeowelatradrgsede! hi,ilsieaport:
Le:truck I
h confes.sion, had said nothing about his wife hay-
iir, the easitu, which he naturally would have done had such
tun des„il e• If no more took place than was on that occa-
at ritat,si 'ed by the prisoner, the offence was murder, and
Ivolesesaughter,
saeueltl leak a
.(lUestion from a Juror, the JUDGE said it
lau.i'iae
,„,',.°2.. d;ifference in point of law' whether the pri-
-4r,,0 ero-',,e`uaenontle statement early or late. In reply to a
t;le, howe"'ver her Juryman, his LoaDstrie said that 110
AlliptiatjOtt. strong, could, in the eye of the law, be a
venielit'hfr havia
retir...; Rod
ten
, been sworn to keep the Jury in some con-
hsif 51 at ten thitiea.spot, without meat, drink, fire, or candle,
Theaset mina
o'elon's past two o'clocic, and were absent until
1411iler°r(an
saa, When they returned a verdict of Guilty.
be-Lie jote le)eree if the Jury would like to recommend the
ha
ettem "Gt saf'd t, they had the power.
The ..; ed to
e.,,
another matter.
stattatioa. man said that was for his Lordship's own con-
el:l:eau. ueY founded their recommendation on his own
t)wn st ttjuuE eonf
Ilst/iiii atemeht. essed he could not see the grounds on his
r°4l.'srllP .
ales,..ead
_e., asked for the depositions before the ma
waswas ehsen! tired to
confer with Mr. Justice Coltman.
Alec called l' 4 I'5W
a Ced the Upon....
.minutes, and on his return the prisoner
alai s le leaei, _ Proclamation was made, and the Judge
w,. eeteliee lap upon his head and proceeded to pads the
st
ii"rueit toei death iii the followine terms
,fil tr,,,°,.,4iiced :Y Y. a jury of your fellow-countrymen has
t)`!ly,;_'er. 1, _ , verdict that you have been guilty of wil-
hheae.rehoee:; Was.a paiuful dirty they had to perform, but
titygc,eoe utlt,l,tei. discharge it in accordance with the solemn
kelt Itllieg
‘,60(-tr Oath, I also have the melancholy neces-
tloteicie‘-(116tly c'ooltvithat for that crime of which you have been
e''hl. ~:--You mustcd, for no other verdict could be pro-
, etelidel:t he
*by, die an ignorninious death upon the scaf-
1°
the "'n4 °Lifrtllh4ve recormnended you to the favourable
'_ftiee
sepoliee_ve
eerCourt, on the statement which you made
tit seta iiveet e,pro'vneea?.otoliniking that you may have received
oas:;t yea s„..t_lit at you 11%11., from your wife. I2n.ust otwn
Itllipelr
therso7 e s.estifie", si.yl prosocation. . I canno co s dv
~,,lirtql., No words jun
tirlienye
,avorlshwhpich she may have
~,,,,t „
~.7_,i Of COMLOOR senleetpalliatesaw!na ourgraisin;
3 , could
.y
hel"! her :,,.° barbarous a
All
wo'und
the eed,•euto etere;,._ 'inner, and inflicting a .
Atepkentt `teret.."oll 1,, 0,..,...m. I can say in reply to their re-
ieo
_',Dt. ot Bta,',`,l'
whotall be immediately forwarded to
airy it
..,`ecs, , I have no doubt, will pay it that
eh
yoe. reesoe_u.. erves.. I.earnesty implore you not to
,101-1 hay stand
e` upon this circumstance. The crime of
teat, . ei,,c e hs, , °evicted is of serious magnitude, and you
h„ e' ut be &rest brutalit
teat appear throat, , . y even to tell.your wife that you
her ~.,1 hi the _ but still more to do It. Circuances
'Cvcave he
seeine aliaeeourse of this investig.stion which show
se he'
,evioas ;tnave been completely steeled—most pro-
bus' urn, Zotte,it t:',.laus habits—to become a murderer. You
a:inike h.nora yeti "
_the unfortunate creature—the wire of your
kis,. e cora ",' ueeee uyelit to have cherished and protected—
eeity 'nate,' with God for the errors which she may
etil,4 °f the i' "1 of which
tlnipi Pee, eiet: eve give.. . we. all have sonic ; but the hu-
ourriri;_yoo rrlia. -irooliV:: rnetoie timef than you gave your
have 4,7 has beau them in reypenatoirnn e
ofe wtiilleasesritoelifver,
watilieh
a;,e the tu tee f,°.._ forfeited, and ofganv other crime
I fear
1e
tees qltedvi,e2er.isnsattin of so brutal a character. You will
ll'eltr uct;',3 Rani 7) anee and counsel of the clergyman who
Parilttioe 40, the staatUd. 4 entreat You to cultivate, under his
etee.es I' the eeete,°t, inind which, two days after the per-
eav;ite; tlirroeeeolmeendied you to unbosom yourself to other
Nil t4r, Pa hi 4gli the _You. to ask that pardon for your great
the , o paa, eh eaorio.ultertY of God and the merits of the
th,. law, 2,31, 1;:e granted to you here, and now prof
loose ih'i'i'lraterritence upon you, but the setence of
tlete tuent elel whene I inee, It is, that you betaken to
eoee YLee hee'reee of note You Came, and from thence to some
411,,,, ee cut ueed, 5 -,elltiOn, that you be hung by the neck
te "'eh "'• dow
analil that after th
trey yokl i n
uried withine space of one hour your
h 'file o".Yoer'sve been _on the precincts of the gaol,
etr),inesohersote„ e fined, and may the Lord have
sway Tr"k tio • I:eceived the
west sentence with great firmness,
tt ' pre 'e three Withtheu bombers'g into court, the ladies,
at' char' io eooseeeat present, were requested
i. gee with
.71uence of a prisoner being placed at
Of reel,
at indelicate offence.]
theed 7-,
ele e tele crYtee . RAPES
jadee eta atteed , ,an 111-looki ' dig
le 7te, kid
'l4e of 75 . °g. y. decrepit old man,
AO lilyet, . place, . as carried to the bar in a tot-
ail h
ewiti, Ravin in a chair. II -
it a qric agearn, at W•i* • e was charged on two
wend'ppearee, who
wasexion
Wi, Jlrinfton, brutally and
.re-
Vi.
wi,,,ell,,toie les
ow. Master, and the . The prisoner_ w_ ,
leilm'et pr and, the" scholars ,
,_, girls whom lie had pol-
.estie °eeeee,, ufferiee he, •
curie indictment only was
po et en. The %%Atli. being aillY made out, the other
ee4et ehee • 'lee' disci° The details are wholly unfit fur
thin No tlhon . ledigoitti sad a degree of that ex-
e( 'ltli., ~ the epret L°,l and eise depravity • (tee
eiteht tt;' nit, Dr en oaten eus. The learned judge
(low 4,44 too 1 o.bahly, all e•Le of transportation for life,
coa,llt,heoule "lent a Y‘ no had heard the case would
r w. leis, e, , Punishment tl 1•t as the ut-
W 55 ~' 103 ads •e 3 iiiw, , mug 11 w.
aretter's Loelled by hissesn the prisoner being taken
felo.'e eel, it t uglily ,ici,that,
from mauy persons in the
4414215r.ee'1,1:1314"e rn4:%though the feeling expressed
Bert ii, y assault,
was
eti.._ 1.1 l due respect to the Court.
a„agei„a_.! was aild"e'r_ged with having, at Manchester,.
Lalatiet"ut for"' her wa,e,'..arrially known Mary Ryan, a girl
I..4.:lleit:creatil Puhiteatioi The details, in this case also,
leg t out seh • The pro e • • • red
to . tapped the en She ses se utrix, it appea ,
Lobeles.,,te en
ease, the . 5 assaulted, and, the Jury
t, . 44aver. ' Prisoner was discharged. The
444 Zi"4. 36 ix
4 Lee W:-enrY Griffith, 24, George
"e ChUgtii with bitYLUgt 013

BURGLARY.
ll:chard Fitzgerald, aged 36, was indicted for entering the
dwelling-house of Sarah Fielding, in Manchester.
The house of the prosecutor was entered on the 2-tth of
August last, and a quantity of rum, gin, brandy, and wine
taken away, together with a small sum of money. The pri-
soner was observed to make an entrance by breaking open
the shutters. He was found guilty, and sentenced to nine
months' imprisonment.
Several other cases, of no interest, were tried during the
day, and the Court adjourned at half-past six.

NISI PRIUS COURT.—SATURDAY.
(Before Mr. Justice Col.ratA N.)
FARRAR v. DEVLINE.—The trial of this case, which oc-
cupied the whole of Friday, continued this morning.
Many witnesses were examined in support of the alleged
partnership between the defendant and Thomas Todd : their
testimony welt into very great detail, but it was interesting
only to the parties themselves and the creditors of Todd.
The case for the plaintiff closed exactly at twelve o'clock,
having occupied altogether about thirteen hours.
Mr. DUNDAS then rose on the part of the defendant, and
in a very able speech, which lasted for two hours and a half,
he minutely examined the evidence by which the partnership
was sought to be established, and contended that the proof
was far too indifferent to fix the defendant with liability.
Several witnesses, merchants and warehousemen in Man-
chester, were then called, who proved that they had had deal-
ings with Thomas Todd, whom they trusted alone, and not
with the defendant. They had, indeed, never known that
they were in partnership.
Mr. BAINES replied very ably, after which
The JUDGE summed up the evidence at much length.
The Jury retired at five minutes past six o'clock to consider
their verdict. After an absence of half an hour, they re-
turned into court with a verdict for the plaintiff of £1163
Ils. 3d.

SEDUCTION.
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 COUR T.—MozinAy.

(Before Mr. BARON PARKR.)

THE ARSON CASES.
TRIAL OF THOMAS HENRY.
Thomas Hem-y,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-
dictment. Mr. Adolphus, Mr. Paget, and Mr. Fitzgerald
conducted the prosecution. Mr. Wilkins and Mr. James
defended the prisoner.
Mr. ADOPIIUS opened the case at very great length, ob-
serving 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 settiog 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
both cases. The learned counsel observed that he should
not lay much stress on the latter count, as it was not supposed
that the prisoner had any intention of injuring Mansfield.
She in fact escaped from the premises shortly after the fire
was discovered. The witnesses were called to prove the facts
of the case.
William Fox produced a plan of the premises, which he
had taken, and which lie declared to be a correct one.
Cross-examined by Mr. WILKINS.—Had 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 the
route from St. James' to Great Homer-street, the nearest
coach-stand would be Scotland.place.
Joseph Mansfield examined by Mr. PAGET.—Knew the
prisoner and had been in his service as errand boy. He kept
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 prisoner's
hat and coat. He took a light with him, and then went up
stairs and brought the things down. There were nine lights
in the shop, four in the window and the others in various
parts. The lights were :all out except two. Came down
stairs and put out the candle with an extinguisher, and left
it on the table. The two lights which were burning were at
the middle of the back of the shop, and hanging from the
roof, perhaps six feet from the ground. Put the paper on
the floor after he had lighted the candle, but did not see any
sparks as he put 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 after being
there about a quarter of an hour, prisoner called him and
gave him a letter to take to the post. The shop was then as
usual, with the goods laid on the counters, which he had
brought from the door and window, the other articles 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 opening 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 sound as he went away.
The key was in the door on the inside, and prisoner was
standing near it. Prisoner put out
ie gas, leaving one
lighted as be was in the habit of doing. Did not know whe-
ther prisoner remained in the shop or not. Witness then
went down Park-lane, on his way to the post, about half-
past eight or nine, and met Catherine Evans at the top of
New Bird-street, which is about 200 yards from the shop.
On getting to the top of Park-lane he heard an alarm of fire,
but went on to the Post-office, and afterwards returned to
the shop, which was then in a blaze ; it might be half an hour
after leaving it.
Cross-examined by Mr. WILKINS.—There is a great wind
through the shop, and on the day 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. Toole coals to the fire both morning and
night on that day. Prisoner always left a light burning at
night when be went out.
Examined by Mr. ADOLPIIUS.—The fire in the grate was
left burning at the back part of the shop. Proctor was not
at home on that night. The current of a. ir 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 shop about a yard from the light. Did not know of any
woollen goods being in the shop.
Catharine Evans examined by Mr. FITZGERALD.—On the
day of the fire was with Ann Radcliffe opposite the prisoner's
shop, and she sent her down to Crosby-street a little after
eight, and they were shutting up prisoner's sho On her
return met the shop boy, and came back to Annp. Radcliffe,
and the shop was then shut up, and soon after prisoner came
out :it was nine o'clock. Ile was alone, and went in the
direction of Great George-street. Soon after Ann Radcliffe
said, " Look at Henry's shop, there is a light arid 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 Anti—l am
Did not see him again till after ten. going a courting."
Cross-examined by Mr. WiniciNs.—llad seen furniture
taken into the shop that day, and a sofa a week before some
goods also came that day in a cart.
Examined by Mr. Anonruns.—Some goods were brought
by some boys, and no one was there at that time but prisoner.
Ann Radcliffe, examined by Mr. ADOLPHUS.—Keeps !)
fruit-stand in St. James's-place, opposite the prisoner's shop.
On Friday, the 14th, saw prisoner come out of his shop about
half an hour after it had been shut up, perhaps
about nine
o'clock, and he said, "Good night, Ann, "and told her
er that
he was going to Everton. He then went in the direction of
Great George's-street, and about five minutes
sent after
theesaw
smoke corning out of the crevices or the door, and last witness after him. She then gave the slam 5/. ud'_°:
the polio coming up at the time, and sent one of thorn to v., the

iNWI tii4 NU

in thti 614 thai liotsh bctott the thou roiled,•
not ,see tarsi flit made in tha shop ditit day,
Crons,extunined by Mr. \WILK]Ns.---The shop looked verb.
handsome, and every lady and gentleman admired it as they
passed. The shawls hung all round the door,. and she
thought one of the shawls had givp way with the draught of
air and caught fire. Did not see anj, unit go in. There was
a great draught of air through the.i.ihop.
Examination resumed.---Thinki it Was the shawls that bad
be,A, moved by the draught, and hdd mentioned it to several
persons, though she could not s'-eiAlect any one in particulai
to whom she had mentioned it. The light was ;shout three
yards from the door, and there were shawls very near it.
The gas-light had only a saucer over it.
William Woodall, examined by Mr. PAoLT.—Was a Vs-
titter, and recollected the prisoner coming in January twelve
mouths to request him to make sonic alterations. Made
alterations in the gas. fittings, altering the position of some,
and also putting in some new ones. There was a rail ex-
tending across the window, and the lights were between that
and the window. There were also others in different parts
of the shop, and one to light tha door on the left hand going
in, about two feet from the entrance, but there was no glass
on it.

Ann Mansfield, examined by Mr. FITZGERALD.—Was
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 bad nearly
all his clothes burned. Prisoner was a good master.
John Towerson examined by Mr. Anor.rnus.—Was an
inspector of police, and on the 14th October went from the
Seel-street station, 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 !laud 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 tire lasted about an hour and a half.
I saw the prisoner standing near the churchyard-wall, with
Liverett, 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, but could not learn
where it was. He, said he was insured in the Phoenix for
£l,OOO. The goods were afterwards assorted, and left in
charge of an officer, and then taken to the South Dock
Station.

Cross-examined by Mr. Wuxtrls.—Had always said there
were distinct fires. He 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. Was quite
impossible that he could be mistaken.
Joseph Nicholson called. Examined by Mr. PAGET.---
Was on duty as police constable at the time of the fire, and
broke into the shop. Saw two separate fires ; one was ❑ear
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 shawls laying loose o❑
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. ADOLPHIJS.—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. Firz-
GERALD.—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-exomined by Mr. WI LKINS.—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 us.—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, and 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 lire. Set
him down at Nile-street.
Cross-examined by Mr. WILKINS.—DiI not say prisoner
was the first to tell hint of the fire.
Alex. M`Donald examined by Mr. FITZ G ERA D.—Was on
duty in Scotland-road about twenty minutes past nine, and
heard of the fire.
Ronald M`Donald examined by Mr. ADOLPHUS.—NN'as an
inspector of police, and at the fire on the 14th. Saw the
prisoner there, and asked if be 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 Levert., 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. WILK' NS.—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.
NVilliam 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. Ile 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 Phcenix.
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.
He 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 heard 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 he then took a cab, and
went straight home, where he 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 parties 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. WILKINS.—There was some con-
versation about the fire. Would not swear that prisoner
said there were no shawls near the fire. Prisoner was taken
into 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. Anoennus.—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. A 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-exatniued by Mr. WlLKlNs.—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 Phoenix 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. Anoe-
PIILTS.—Knew the prisoner, and had received some goods
front 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. WILKINs.--Persons of the highest
respectability are sometimes obliged to adopt that plan.
By Mr. ADOLPH S.—li was not usual to receive goods in
that way from a retail dealer.
Joseph Hodgson, auctioneer, examined by Mr. Ferz-
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 Danby examined by Mr. FITZGERALD.—
Had had dealings with the prisoner, and supplied hint 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 fire.
James Egerton, packer to Messrs. Danby, proved the
packing of the goods, and that they were sent by the pri-
soner's order

William
Helby, stay manufactnrer, at Portsea, deposed to
supplying the prisoner with stays to the amount of £5l 93. Gd.,
and had seen them at Hodgson's sale-room.
Anthony Atcheson, clerk to Black wall and Co., of Man-
chester, deposed to the prisoner being supplied with goods i❑
September last, to the amount of 1:80 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. ADOLPHVS.7
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 fire was extinguished, and
afterwards gave them up to the care of Samuel Fisk. They
were then given up to Maxwell, the inspector of salvages,
who made out a list of the articles saved, which consisted of
several pieces of plain merinos, check shirts, furniture, prints,
cotton stockings, and union linens, also a small quantity of black satin, some rihands, linen, a blanket, and a small Piece
of cloth. He had had experience in cases of fire, and was of
opinion that there could not have been any quantity of wool-
len cloth or silk on rollers, the latter of which would have
been found, as silk on rollers burns very slowly. There were
no remains of Saxony or Orleans cloth, which could not have
been the case if any thing of that kind had been on the pre-
mises ; some remains of silk handkerchiefs were there, but
no stays.
By the JUDGE.—CouId not say there would be £l,OOO
worth of goods on the premises.
The claim of the prisoner was then put in and read, which
showed an amount of £l,OOO as the loss he sustained by the

tire
This was the case for the prosecution.
Mr. Witxz NS asked his Lordship whether he thought that
there was any case.
The Jonca.—Oh, yss.

Mr. WiLICINS the❑ addressed the jury on behalf of the pri-
soner, in a very powerful speech.

. .
Mr. Baron PAO.KE summed up. He said that the charge
against the prisoner was that of Ong tire to his own house,