The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1848-12-19 00:00:00

her behalf

She was immediate]

Ellen Williamson was arraigned for having feloniously
married Peter Williams, her former husband being still
alive. The first marriage took place at Prescot, in 1829 ;
the second in 1847, at St. Anne's Church, in this town.
The appearance of the second husband in court produced
a universal burst of laughter, from the plainness of his
appearance, which was increased by the hostility he
evinced towards the prisoner, who is a good-looking
woman in the prime of life. He begged the judge to get
his books from her, in order that he might make out
his bills. The jury acquitted the prisoner, who was dis-
charged.
An Irishman, James Clare, was indicted for highway
robbery in Toxteth-park, on the 9th instant. Mr. Lang-
ton, the prosecutor, was proceeding home to his father's
house, accompanied by a servant in the em ploy of his
father. In Ullet-lane a man came up, stopped the gig by
seiz inethe horse's bead, and holding a pistol, demanded
the prosecutor's money. He offered his watch ; but he
declared that he was " too wide awake a robber to take a
watch." A purse containing money was then handed to
him, when he decamped by leaping over a hedge. The
prisoner produced several witnesses, who swore that at
the time the robbery was committed he was drinking in a
public-house in Mill-street, Toxteth-park. The prisoner
was acquitted.

James Stockley and John Corn were indicted for rob-
bing Noah Talbot of 195., a tobacco box, and other
articles, in November last. The prosecutor and the pri-
soners had been drinking together in a public-house.
They were all " navvies " in the service of Mr. M'Cor-
mack, the railway contractor on the Bolton and Bury
railway. The jury found them guilty of the assault.
Sentence deferred.

DEFALCATION OF A POOR RATE COLLECTOR

Thomas Curtis, 43, was indicted for having, at Salford,
by false pretences, obtained from Samuel Kershaw fifteen
sovereigns, with intent to cheat and defraud John Nall,
Defendant was a collector of poor rates in Salford, and
upon taking office gave a bond for £5OO. In April he
sent in his resignation to the guardians, and according to
that his term of office would expire on the 24th. June.
The indictment charged that, after that date, he pretended
he was still authorised to collect, and he thus obtained
the money. On the 30th June last the defendant, who
kept the Ship Inn, in Salford, left the country, with his
family, for America. He was a defaulter, and his bond
was called upon to pay tho amount. He subsequently
returned to England, and was apprehended at Hull, and
the present charge for misdemeanour was preferred.

Mr. JAMES, for the defendant, raiseil several legal
points, but his Lordship over-ruled them. The learned
barrister then addressed the jury for the defendant. His
principal grounds of defence were, that defendant had, in
consequence of the difficulties the overseers wourd have to

encounter by new collectors being appointed, offered to
remain and assist in collecting until at least the 20th of
July; that the manner in which the books were kept up
to that time, authorised him to consider himself still their
collector. The defendant had paid into the bank, before
leaving the country, £9 to the account of the overseers,
whose servant he was, and who, by acknowledging the
receipt of that money, had adopted the act that he was
their servant, by inserting in the account the moneys so
received by him (the defendant); and, taking advantage
of the sums paid into the bank on their behalf, the over-
seers had recognised the authority of the defendant to re-
ceive money on their behalf, and, by acknowledging, by
their acceptance of the money so paid into the bank, that
he was their servant, it was clear that he (the defendant)
was duly and bona fide empowered to collect money for
them. He (Mr. James) admitted defalcation, but the
question was,—Did the defendant apply for the money in
the charge when he well knew that he was not authorised
to receive it ?

Witnesses were called, among whom was the ex-Mayor
of Manchester, with the view of establishing that tho de-
fendant had been authorised to collect the rates, and that
it was a matter of common notoriety that he was so col-
lecting.
Mr. MONK proceeded to refute the arguments used in
the defence.

The Learned JUDGE summed up. The question was,
did the defendant falsely pretend, and so receive the mo-
ney, knowing at the same time that it was a false and
fraudulent pretence.
The jury returned a verdict of guilty.
The Learned JUDGE alluded to other indictments for
similar charges against the prisoner, and said it was clear
he had abused the trust and confidence reposed in him,
and had obtained and misapplied the various sums of mo-
ney. His Lordship concluded by saying—" To a person
in your situation in life the punishment I am about to
impose. I trust, will serve as an example, and prove a be-
nefit. The sentence is, that you be imprisoned and kept
to hard labour in the House of Correction for twelve ca-
lendar months."

BURGLARIES

Thomas Shackleton, 44, was found guilty of burglary
at Shiving. The case was devoid of interest. The pri-
soner was sentenced to transportation for 20 years.
James Stockley and John Corns, convicted on the pre-
vious day, were sentenced to two years' imprisonment and
hard labour.

NISI PRIUS COURT.—TIIESDAY.
(Before Mr. Justice Erie.)
The trial of the Liverpool confederates was continued
this morning.
Inspector Birrell, of the Liverpool police, was the first
witness called. He deposed to finding a► bag containing

twenty-nine pikes, in the possession of the prisoner
Cuddy, who said he was gOitig to send them to Waterford
on the following Tuesday.—Cross-examined : Dr. Rey-
nolds sold pikes at his shop in Leeds-street, just as pub-
licly as any man in Liverpool dealt in any other article.
Thomas Hale, a police-officer, stated that he had seen
the prisoner Cuddy in the shop where Dr. Reynolds sold
pikes, guns, and cutlasses. There were some pike-shafts
in the windows, from eight to ten feet in length. The
shop was open about ten weeks, and about two months
after it was opened Cuddy told witness that Dr. Reynolds
had gone to Manchester, and that he was going to send a
large quantity of pikes to Manchester, as very large or-
ders had been received for those weapons from two secret
societies there.—Cross-examined : Witness never men-
tioned what Cuddy had told him, until after the latter
had been apprehended.
John Dickenson, a wheelwright, also gave evidence as
to the possession of arms by Dr. Reynolds, and by Cuddy,
who was shopman to the former.
Lawrence Keogh, a policeman, proved having found
thirteen pike heads, twenty-three sword knives, five pike
shafts, and one bayonet, in Dr. Reynolds' shop in Leeds-
street. {The pikes and swords were here produced. The

latter were, with one exception, sugar-cane knives ; the
exception was an instrument about 21- feet long, with a
strai,tht, flat, and pointed blade, set in a rude wooden

handle.]
Edward Heywood, a machine and edge-tool grinder,
stated that he had ground some pikes and cutlasses for
Dr. Reynolds and Cuddy.
Mr. KNOWLES stated that that concluded the case as
regarded Cuddy, and that the case of O'Brien would
next be proceeded with.

John Sleigh, a policeman, found four pikes and three
bayonets in a garret in Hurst-street, occupied by the pri-
soner O'Brien, who was there when he went in. He was
refused admittance into the garret, and had to force the
door, which was fastened with a nail.
Police-constable Acton found a number of ball car-
tridges, some gunpowder, and 500 percussion caps, in
O'Brien's garret.
William Bond had twice seen O'Brien at a club-room
in Hurst-street. On both occasions O'Brien spoke. On
the first occasion he said, " The government is based on
a rotten foundation, and we are the boys who can bring
it to the ground. The ball lies at your feet, and it is
your fault if
you do not kick it." Some pikes were lying
near, and be added, " These are the instruments that
frightened the bloody Orange tribe in '98." On the se-

occasion, a person from the north end of the town
spoke on the peace side of the question, and said that the
people would gain nothing by lighting; but he was hissed
and put down. On a third occasion, O'Brien was pre-
sent, and said that it would give him great pleasure to
see Russell's and Graham's heads on the top of pikes,
which he called " slap-up government pills." He fur-
ther said, " Irishmen, I appeal to you one and all. Will
you release that murdered man, Mitchel ? If you will,
Purchase such instruments as these (pikes), and use them.
Then you may expect to see the freedom of the exile of
Erin."
D- Ison l• .1 • NT

Aliam . avic ived opposite the prisoner irlurphy's
house. On a Friday in July last, he saw Murphy at his
window, with some pikes in his hand ; the same thing
occurred a second time on the following Tuesday, and
Mr- '

by then left the house with something rolled 'up in
a handkerchief. His wife, who was standing on the door
steps, told him to take care of what he was about; and
he, in reply, told her not to be afraid.

Two oihe'r witnesses wer

ed, who gave similar evi-
Ference to the possession

This closed the case for the prosecution.
Mr. SEGALL then addressed the court on behalf of the
prisoner Delarnere, contending that the conduct of his
client was in no way such as to render him liable to a
criminal indictment ; and that although he visited one of
the associations for procuring a repeal of the union, with
Mr. M'Manus, yet that association was at that time per-
fectly legal.

Mi. JAMES followed on behalf of Boshell, contending,
first, that there was no proof that such a conspiracy as
was charged in the indictment ever existed ; and s

!conctly,

that if such a conspiracy did exist, there was no proof
that the prisoner Boshell had taken part in it.

Mr. DEARSLEY, on behalf of Smyth, contended that
although he might have been, and indeed was, violent in
his language, yet that he had never sanctioned the re-
course to unlawful means of accomplishing the objects

sought

which hE
Mr. PoLLocit then addressed the court at some length
and with great eloquence and force, on behalf of the

prisoners Somers, Hopper, O'Donnell, Cuddy, and
Murphy. The evidence against O'Donnell reEted entirely
upon the evidence of two policeman, as to speeches made

at some rooms in Circus-street, whom he contended were
not competent to report, and that the possession of arms
by the prisoners was quite legal.

followed on behalf of O'Brien,
jverely censuring finer in which the Attorney-Ge-
neral had opened the CUE to the jury. Several witnesses
were then called on behalf of some of the prisoners, and
gave them good characters.

TINDAL ATKINS
he mar

Her Majsty's ATTORNEY-GENERAL then replied. He
could not help regretting that the positicn in life of some
of the defendants offered circumstances of, aggravation.
Ate men who were not in want, and who must
tore have taken part in this agitation for the grati-

They w
ti

ticatien of their own

,cienc‘;-, and to make them-

selves important; they were, many of them, men of the
higher classes, whose education,whileitshouldhave taught

offering from the depressed state of trade.

charge was aconspiracy for two objects :—To promote
arming and insurrection in Ireland; and also to promote
arming and insurrection in England. It was not neces-
sary that it should be proved that all the prisoners had
met together and definitely resolved to act in pursuance
of thiS object; but if we found them acting together in
evident pursuance of the common object, that would be
sufficient. Tho learned Attorney-General then entered
at great length into the consideration of the case of each
of the prisoners, recapitulating the evidence as it applied
to each. At the conclusion of address, his lordship
asked the jury whether they would prefer that he should
sum up then, or next morning. The jury having decided
in favour of the latter course, the court then adjourned.

Mr. Justice ERLE proceeded to sum up the evidence in
the conspiracy cases in a very clear arid succinct manner.
He laid down the law of the case, and showed the jury
how they were to apply the evidence adduced in the course
of the prosecution. They were to discard from their
minds all the irrelevant topics which had.been introduced
in the course of the trial, and give their verdict upon the
facts deposed to. The jury having retired to consider
their verdict remained some time in consultation. At
length they returned into court, and handed in the follow-
ing verdict :—" We find all the prisoners, except Dela-
mere, guilty on all the counts in the indictment." The
prisoners' counsel then raised some legal objections,
which being replied to by the Attorney-General, his
lordship overruled. Some mitigating circumstances
in favour of Boshell, Murphy, and O'Brien were
then urged by Messrs. POLLOCK, JAurzs, and ATKINSON.
His lordship, after commenting on the enormity of the
crime, and the serious and awful consequences which
would have resulted l f '

,ea nazi aey been successtul, sentenced
the prsoners as follows :—Somers,. Smith, O'Donnell,
and Hopper to two years' imprisonment in Lancaster Cas-
ter, and to find bail themselves in £lOO, and two sureties
in £25 each ; Boshell and Cuddy to be imprisoned in
Kirkdale gaol for 12 months, and to enter into recogni-
sances in the sum of £lOO for their future good behaviour ;
O'Brien to be confined in Lancaster Castle for three

months, and Murphy three months in Kirkdale.
hearing the sentence the prisoners bowed to their lord
ships, shook hands with each other, and left the dock.

TIIURSDAY.

John Harris, 22, was indicted for having broken into
the shop of William. Horrocks, Fontenoy-street, on the
20th November last, and stolen £3 45., besides some
tobacco and tea. The prisoner was found guilty, and
sentenced to seven years' transportation.

Michael Smith, 25, was charged with having stolen
twelve sovereigns and two half sovereigns, from John
Tootell, at Manchester. The prosecutor is a druggist,
carrying on business in Swan-street, and the prisoner,
who had been supplied by him with money at different
times, frequently called as an acquaintance. On Sunday
morning, the 11th of November, the prisoner called, and

shortly afterwards it was found that thirteen so
had been stolen from the cash-box. The prisoner was
found guilty, and sentenced to seven years' transportation.

ereigns

WILFUL MURDER.

.T HEATON NORRIS,

Tames Kelly, 24, was charged with the murder of his
sweetheart, Elizabeth Faulkner, at Heaton Norris, on the
15th of September last. The prisoner, who is a young
man, of rather agreeable appearance, was without
counsel. He pleaded guilty in a firm tone of voice. His
Lordship cautioned the prisoner as to the consequences
of his plea, but he persisted in having it recorded. The
prisoner and deceased worked at the same factory iu
Stockport, and, as she would not consent to keep com-
pany with him, it will be remembered that he cut her
throat with a razor when he met her in the street on the
day in question.. The prisoner was sentenced, in very
rolemn terms, to be hung.