The Statesman.
London, England, 1823-08-01 00:00:00

alisOgir AMP") jilt kernim Pktd, aid srbA►sY died els' eNe !"
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6Xlrogro
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TIRII3IOI 11.• .
teeieriti:j'a
Jtddis made an able *sib' foetbe defeodant,.
:editlieuring on Peri of the chattel separately,. essl con-
tending that nothing bad been made out to encoutate
tilerit. 11e then *Bed the &flailing witnesses :
ThembaiVistaliere, Itiq.-4,resjde at Tufty Perk, net
fttr 'ftdm Satin' ; Neitat Was a tenant of *ht*:
Llftleftird, the eonttable, tease to me in consequence of
Me.. NeWton'i death, hid rep/Mid an other fur the Co-
sneer to attend. I tall liitu it was not in my porter to
otte,iret it was. for 'dm perish. 1 attended the in-
' 114. by segue*. Tb 6 cifrolift was pointed out to me,
lad tthPiessomi site as SlOnirsrbitt Jones. After some.loa-
yersation, I fold him I was a Magistrate. He said be was
r Very ghtd;and visited•Mlightta*a wailfd make a point ot
aileadiag oftener than they Md. yo then asked me if I
Mae I married urea; 1 replied-I was. fie then said, lids
*SA' observations hb had nfedil belltreilrly suspected.
tem woman bad died by excess of *aural filter*. Bat-
'bet calls le me sad salad if be was boded to Orel
evidence. t told him if he bad been embinoned Mite.,
Ciarbsw said he was not satisfied with hi*, sad
should wish to have a surgeon of eminence. I gaysselsim
four names, and wrote a note to Mr. Coley; requestiag
him if he was at hoineto attend. In two hews he arrived
and they went to etainhte the body. After the examina-
tion, the Coroner came into the rood where I was, and,
said be was happy to find it was not so Berkman affair as
he was led to suppose, and that twelve Jurymen would be
quite sufficient : that he, was a perfect straeger in the
country, and should be obliged to me and my brother to
select Pi On looking over the list, I sat oee who
had fought with Newton, who I thought improper to be
on the Jury. isuggested it would be the best way to 'elect
four from each of the three parishes. Six of my
tenant, were so musoned. four of whom were rejected said
the other two served. The Coroner begged I would exa-
mine any of the witnesses I thought proper. I heard Mr.
Coley give his testimony. I asked Min Myself' if he
could account for the death, and it was particularly de-
sirable Ise; should state the cause. Ile replied I cannot.
'lb. evidence Appeared fairly taken down. Some were
very loth to give their evidence. Barber's evidence veal
read over to him, and be signed it imutediately. If tie*
had been any material differince benteen the mode OS
which they gave their evidence, hod the mode in wisibb'l
it was read over I AMU have observed it. I never at-
tended aninquent before. it appeared to me the examina-
lion was fairly conducted.
Cross-examined.—Tbe Coroner did not appear to mo to
know there wee such a person as Coley. Mr. N'hiteumbe
referred very often to Unsfresille's Coroner's Law, and read
the oath out of it. I thought there were several questions
he ought to have put, and did not put, and therefore I put
them. I perceived outhe Coroner's coining down that there
had been a differeude of opinion bet Ween bite and Coley.
L remembered him flatlet if Mrs. Newton might not have
' met her death* felling on a stile, and whether the discharge
alieht obi heVe binn oecistoned by brewing or baking.
Neither of these were inserted In the depositions. I was
not struck by the *minion when the depositions were read.
I did nut see he took aay notice of the questions I put. I
don't remember Mr. Coley saying the laceration and bruise
might Isaac been caused by a kick or blow.
Re-examined.—Mr. Whitconne was taking his refresh-
'AUK Whoa Lint theia.
The Rev. Mr. Whitmore, Rectar of the parish, attended
at the inquest, in conieqmince of the request of several of
the parishioners. Recollects Barber befog there as surgeon.
The Coroner said he was not a sufficient person, being only
an assistant, and asked my brother to name a proper per-
son. A eonstable, in consequence, was dispatched with a
note to Mr. Coley. Tbe examinations appeared fairly taken.
, t observed Barber sign his t he certainly looked at it; he
was sitting close by the Coroner at the time, and signed his
name. It did not strike me there was any thing inserted
which was not uttered by him. He said her death was
occasioned by loss of blood ; and added, hut not from any
blow or violence, end has not the least doubt in the world
the conelediog sentence was uttered by him. Coley's exa-
mination occupied some time ; he said be could not tell the
cause of the death.
Cron-examined—l saw Barber's deposition at the Ma-
gistrate's meeting, and at the time he gave his evidence
before the Coroner, I particularly remarked those •.4rds.
Tate exanilliations before the Coroner lasted four or live
hours.
George Littleford, churchwarden, sent information to
the Coroner on Mrs. Newton's dbath. Before the Jury
were sworn; one or two applied to me fbr the Coroner to
dismiss them.

•.

Thomas Heywood, on his cross-examination, said he re-
membered the Coroner asking Mr. Coley something which
witness did not understand; on which Mr. Coley said we
will speak that which every one can understand. Heard
the Coroner say the loss of blood was occasioned by ex-
cessive illness. Mr. Coley's filmier to Mr. Whitmore's
question as to the cause of the injury was, probably a kick
or a blow.
Edmund Banks Whiteombe.—l am the son of the Co-
roner, and his apprentice. I attended him to Severn Hall
on the inquest. In our way we called on Mr. nail, a sur-
geon.
Ile bad lost Lis son, and could not attend. On our
arrival at the Hall, about eleven o'clock. we were shown'
into the parlotir. My father asked if Menton was about
the house; a woman said he was up stairs, and asked,
4` should yon wish to see him?" My father answered, I
shoeld like to know if lie is at home. Tne woman imme-
diately went out of the room, and returned with two men.
My father said to the one who came fits!, I ant come upon
s had business; he said, I know nothing nbo.e: it. My
father then said, I have put my horses into the stable. but
can get nothing for them to eat. Newton spit!, I
have got no oats, but will give directions roe
them to have some barley or wheat—Ode of the
men then went out.—He returned again in a short
Huth and went up stairs, but I cannot say which was
first. At this time they were patting something to eat
on the table. During that time no other conversation
passed between.my father and Newton. I stood close to
my father, but Newton was at same distance, There
was g door from the room to the passage. The other
man went out to the kitchen. I mention the two Mr.
Whitmores coming to Severn Hall. About that time
itlr. Barber arrived. My father said he could not abide '1
by the testimony of an assistant, but must hove a nein-
cipsl surgeon. Mr. Coley afterwards arrived. After 1
the examination I questioned him if he foetid anything
material. He said tie eoold discover it. Before as, ft•
tiler treat down, he asked Mr. Colee'rojinion respecting
the cause of the death, and Mr. Coley *aid be boold-not
account for the death. *falter then said. ti;e Jnry
complained to bin about being wet ilia uncomfortable.
and asked his opinion as to the releasing there. Mr.
Coley said he might. When the Cormiii went down, hi
'told Mr. Coley to leave it neat that th(Jaiy might ripe
it. My father took down the eiatintratiotio, Wftich
afterwards copie I. Mr. Coleys after ,hii ezauduati,4,
said he would sign a fair ropy. *. Wlljt.urnisi sat oil
the left Land side of my latfier. 1 ropieCthe,depOiiiion
exactly as it was taken. I gaVe it titheiltbs I Ith of
Feb. and it was Invordtt. back dui 134.-.--Thniiiitireii
was' not cross-examined.
Jobe Newton, Amon writ, stairs With .M. Mains
John Tiverton, the duly of the antpuite When he wile
down, Ili sew Mr. Whireotelbe mitt Ile eon in the
leer. The door to awl 'afire*/ tPaa' *pre. A. 1 Vdsm..
by the-marl tothithritifitt IMAM tirtfitithied. Mt

RACING CUP.
AItiLLINGAR, ASSIZES, Just 21.

111`rrOY V. ust.i.v.
Air. DARCY stated the case.—Win.H.Alagin, F:sq. bad,
three years ago. given a cop to the County of West
math, to be run or under certain articles, to become the
property of the winner of it three successive years, or
until challenged. Mr. Kelly, the defendant, had won it
twice. It was run for again last ifarch,when the plaintiff
tan trio horses, the deandant two, and Mr. Dennis one.
Itoth the defendant's horses came in first, bat ran te the
left instead of the right of a certain post; that in conse-
quence Mr. Al'Broy claimed the cup on the ground. ThF
Stewards, who were made by the articles final judges of
all disphtes, etamined into the affair on the spot, and
signed to award astigningthe cop to the plaintiff. Not-
withstanding this aleattl the defendant kept possession of
the cop, and drove the plaintiff to the n ity of this
action. Mr. Dimy then submitted that the award being
final entitled bins, without going into the case, to a ver-
dict; hat II;if be wits ready to go into evideuce, and prove
the whole case.

Mr. 'Natter., for the deten4ant, objected that the
tplattitiff had not stmt. • tatistessetri right, as to maintain
an twtion of trover; however, if the . Court was mot
%rid' him, he hail tia objection to enter into the merits ;
Mad billerrd to run the race again, or td Witte
the matter to the TdrIGIUh. The award, eVeis if Kohl,
was not conclusive; he referred to 15 East, to shoe t bat
Witeretlieri wain good afrard, which the Leafnell then-
elms* contended this *it not, it did nit cdhttdJ the
deihnJant..
The Untir lanai said, it was the practice, to
ottdaHliftei"dfitrith (WM eritiftrY rse6 tif tbsi IVrf
Mr. puce said, that the. Tare. Club poser eaataioed
toyed:4lm at. to facts; bat if botii itin a
rase.' • Opifildif ease iifiti; I leito thif !Witt di t tibt
-firm •

`T r:~

~..
ttellitien &a went VP Stairs, dect ecintinued With ' .nsitieir ' ..,1 G is .nn ow e rule o t lei
'les I' *4 n L iiiet 0E ) Club 11;trgd
rest of the day, • . its Pond sense. and sa they hind no* started, be did dot
t . Craps,eeeminest. —A message came to say. he choose to.dicappoint the parties of a race.
wanted. :fat not that the Coroner wanted to 'peak ..„ Arr. Wilton Was the first witness exanalnid..fie
4
,him. i not say Good God ! what can he want ,!elated the printed copy of the original articles ; that he
'him? I•and my brother went up stairs together. khda eo the proper person will' %ilium the horses should his
sever said otherwise. The affidavit was then paddled. antered.—Q. Were the hol-tTs for the last race entered
'in which he had sworn his cousin came up to him shortly according to the articles? A. Not one of them. Q
, after. ,
ethos. MOM, EN, Sir Edw. Elunt. James Stevens, days before the rare; the witness added that Mr. Ma-
Esq. Henry Mytten, Bag. Rev. John Woad, Illr. John gun bid overruled the objection arising from this in-
Roger', Major-lieueral . Swinton, eh., Thomas Beale, formality. .
Esq. 'peke to the excellent chiracter the defendant bad Cu,, BA DON.—The plaintiff is knocked up.
always borne. Mr. DARCY—Mt Lord, Mr. Megan. who gave the cep.
Mr. Pe,6lsoer replied, He contended that his ease, and the parties contented that the races should be run,
instead of being weakened, had been strengthened by tine themes no horses were entered in time.
defendant's witnesses. As to the chSracter the defend.. Clair Miaow—That won't do. The cup, after hay-
ant bad received, it was spite clear that the defeediallt., leg been once given by Mr. Megan, was not his prii-
like many other men, had a good character MI he lost it perry, end he bad no contrail over it. It was the pro-
ud that the defendant had'a good character. or the frees:
bidet% would never have elected hint to the o pertv of the county. The owners of the horses might
ffietket make an arrangement about stakes, which they could
Ir4em"*. The iseeeeted Comm, tedmieeted On the "i- divides but as they could not divide the cup, they had uo
deescest mansidecable length, ai "served, that they tight to make any private agreement.
were to find whether the defendant had acted corruptly;
Mr.. Dance examined Mr. Wilton as to whether or no,
hiexpressed his surprise that the gentleman who had
he had any document at home which could hriog the ex-
been called Should state that the examination was fairly
act day on which the horses were eutsred this recollec-
taken down, and that all the evidence Was taken down;
eon, for he was instructed that _Mr. M Evov's horse was
he hoped they had done as his Leveed Friend had
entered in time. Mr. Wilton recollected' no Socninent, he t
done, and had taken out their watches while the deposi-
tions were read; they. took in the reading ab ant 9 min. said he might have one. Mr. Darcy suggested that he
aliou'd go home and look.
and yet they contained every thing that appeared in
Cita, listrox—You trill be dis!anced before he comes
an examination or between four and live hours. Of the
conversation which twit( place between John Newton, hark.
the FARIM. -.lt is nolrevident the plaintiff has gone
the husband of the deceased, and the Coroner, the son of
to the wrung side ofthe post.—P;aintiff uonsaited. Cap
the Coroner gives an account quite different from the
witnesses for the prosecution. Th• son of the defendant to be run for again.
said, that it was all *bout hor..es'provedder ; tot Newton,
theconsin, did not hear a word of it ' • and a.; to him. be
swore that he hi.iviever made any affidavit, en.l yet he was
forced to admit that he ha I sworn an atfilarit quite dif-
ferent to the account he now gives. The question the
'Jar, had to try was lot whither the defendant did or
.11d not commit any particular act or acts : but whether
Ire bad hems influenced by corrupt motives ? They might
feel for Mr. Whitcomb., and his family, but they should
feel more still fur the justice of their country. When
Mr. Pearson hail concluded, a very able reply—
Mr. Baron HuLt.ock commenced his summing op by
stating that did: was an information granted by the Court of
King's Ber.rn, against the defendant, fur Inslversetioe In
the discharge of hii duty as Coroner for the county. The
Learned Judge read through and commented upon the whole
of the evidence ; he said it was not necessary oar a bribe
should be proved to hare been received, and it was tie pro-
vince of the Jury to say, what were the motives that in-
duced the defendant to act in the manner proved by wit-
nesses who were uncontradicted and uniaspeached. In the
first place the defendant was alone with the accused ; ht.
prematurely expressed his opinion that the case was a sim-
ple one. and that would certainly have an effect upon the
Jury, who ought to have come to a cone usion from evidence
only, The defendant's dismissing half of the Jury did not
appear proper, and that motive he had in telling the re-
maining twelve that they had no occasion to inspect the
body, when, by law, he must have known it was their
bounden duty to inspect it, it was for the Jury to deckle.—
The rejectioit of evidence In not calling Edwards, In not
taking down the evidence of Coley in full, and the fact
sworn to by Barber, that he never uttered what was written
'at the bottom othls deposition, were subject s for the Jury's
consideration. The defendant. it was proved, wished to
alter the verdict to " Died by the visitation of GOD," he
having at that time, and subsequently, expressed his con-
viction that Newton killed his wife,—these facts, and also
the fact of the defendant haviog said, "that If he were
called on Newton's trial, he must be a witness in his fa-
vour," and his also stating to Mr. Coley in Court, " that
they must do what they could to bring Newton off," were
circumstances pregnant with suspicion against the defend-
ant. The witnesses also prove, that such was the nitere of
the injury Mrs. Newton had sustained, that no medical man
could inspect the parts without being fully satisfied that
Ate tiled by violence, and the defeudent, being a medical
man, was present at the dissectiou of the parts, expresses
his opinion that she died from violence, and yet attempts to
alter the verdict of the Jury to that or—" Died by the visit-
ation of GOD." The Learned Judge, after commenting
upon the other parts of the evidence, said he was sure, that
however painful it might be to the feelings of the Jury to
consign a man to ruin, yet it was not their province to look
at the effect of their verdict, it was only for them to dis-
charge their high and important function according to law,
and to the hest of their judgment, and if they entertained a
rational doubt of the defendant's guilt they would give him
the benefit of it.
The Jury, in a few minutes, without retiring from the
box, pronounced a verdict of—Guilty;l but welido not see
that he received a bribe. The Judge said that was not es-
sential to a conviction. A verdict of Guilty was recorded:
Mr. PKARSOM moved that the defendant do enter into fur.
they recognlzances to receive the judgment of the Court
of King's belied ; but upon the defendant's attorney under-
taking that be shall appear, the Learned Counsel withdrew
his motion.
This trial lasted from nine o'clock on Tuesday morning.
till between twelve and one o'clock on Wednesday morn-
ing, and the Court was crowded the whole time to excess.—
No case has excited each interest as the present in till!
county for many years.

ANTRIM ASSIZEiS.

CURIOUS AND LAUGRAR.LI CASK oil, POCKET PICKING.
CARRICKFERGUS, JULY 23.—Alargaret Boyd. for steal-
[rig Bank Notes at Belfast, the property of Ales4rs.
Henry, on 7th April, and Jahn Leniwn, for rreeiyinK
thr saute.

Pat. Ilenry examined..-Witness lives in Purtsalown
partnership with his two brothers in the grocery line ;
and was in Belfast on the 7th of April, where he met the
prisoner; it was the first time he had s-en her—he had
got a •glass or two of wiliskfq, and he declared I efore
tidal and his Loraiphip, up to that minute he had been
" innocent of any thing of the sort," b tt he would " tel
all the conearn just us it happened." The prisoner coy'd
witness and tuck him into a house—it was a nee bit u'
a place, and your Lordship still perrare (-aid the wil-
liesa) that theme waurat't a ha'p'orth lurid 't to stand br
lie in au under any Lo ly, but a grain o' straw in a dailc
spat—there Was, a boy in the place,arni he sat on a swot,
wi•ness had then in his left small clothes' pocket
I in large notes of the Bank of Ireland, '• rotolel up in a
bit of inodn paper"—witness and prisoner were retdidg
to the " dui k 'pot," when she made a snat.:ll at ba nun..
I !ley, and when he " lucked it was clans gone"—sl e rats
out of the house—the boy on the stone (Lee 7.dn) f..l!ow-
ed her —witness " as s son as lie was gather'd, made olf
after them. iu a minute, for he had not //doe a ha'p'orth."
—(1-lore the witheas again in the most earnest manner.
with uplifted hauls renewed the protestations of his
innocenee.)—When be got to the month cf the entre, he
called the watch, who said he had heard two " running.
away with themselves"—witness assised by others,
searched the town till nearly midnight, and could nor
" make them off"—advised by James Drinwoot:ie,
went to Jeanie Law's, in Hudson's entry, and got the
prisoner Boyd there; as they entered Lennon escsped
out of a back window; they searched, but gat nothing-
till they were coining away. when one of the pa,ity
turned up the ashes in the pit tinder the tire, and the
first thing that appeared was a 50:. note, then another.
and some small notes, till 150!. were " turnout all up out
of the one consarn ; your Lordship mann think (said the
wituesa) that I was now right glad ;" the prisoner Boyd
was sent to the watch-house; next day witness met two
flag-walkers, and it struck him that they could " put
him on the lead"—witness gave them a crown, and ila
" tuck him till the same identical house, Jeanie Law's'•
—there witness found Lennon, who denied all know-
ledge of the business-.-witness however, took him, and
" wrought hint a cruel Dire."—
Ilia Lonnsnte—" What do you mean by that ?"

Wursgss—‘, I tuck him, plesse your Lordship, and
I thumped him hartily and Could him (says I) • It yft
don't give me my money, I'll have ye hanged.—l
wrought him this way until the third day.

His LORDSHIP—.I Well, how did that b tro ng argument
s .cceed ?'

WITNIIBB-= HA turned out another 151 of my money
—then I went back to Jeanie Law's again, and searchea,
and got—where do ye think I got my welch?—it wu4
curious enough, I got my lady Will a geranium pot—
sly enough, sure—l took another Ilia-walker up, please
your Lordship, and wrought her
His Lonosnir.-4 iVhat, in the same manner you uses
Lennon ?'

Wirmass-4 Sore, I tuck and I tould her 1 won,
haig her ton, if she wouldn't give me my monkty. She
tack me away up heltir.d the Poor House, where I got
151. among some stones and dirt. 1 got all my money
in this way except 31. 153. or thereabouts.'

Prisoners called no witnesses—but Boyd pleaded her
unfortunate character, and harin; been left without pa-
rents when very younz. She said she had not tak .ti
Mr. Henry's money. lie was tipsy, when she first 14W
him, and she lent him a penny to make up the prLe of
glass. He bad been in other bad places before site
saw him.
The Jury found the prisoners both Guilty. Each to
he imprisoned one year at hard labour in the House of
Correction.

Early on Monday morning last a young man, rimed
Thomas Burr, was found dead in a cherry orchard, at
Oars, near Favershim. It appeared that the deceased
had been up in one of the trees, stealing cherries, when
a large arm broke olf, and precipitated him to the
ground; and there is no doubt but that he fell directly
on his head, as the ground was indented where his heal
came in contact with it : his neck was dislocated, and
his head math forted on hit body ; the stones and joie.,
of cherries still remained in his mouth, and nine shil-
lings were found irallis pockets. 'l'he unfortunate young
man had been to Tenharn on the prece.ling day, to sett
some relations : he retained home abont twelve &clot+,
and asked his &Holt lodger, st ho was in bed, if he
small rise early, and go and ret some cherries, but
he refused : the deceased then said he should not go to
bed at all, bni would get some himself, as he was going
to the Isle Shippy in the morning, and wished- to
take some cherries with him.' After changing Itisdreis,
and sitting soave lire on the.side of the beds Alt -took
leave Of his com_paniun, Cr
alall• lath hit
aled AIM a &Alit. A
bit ea UMW,. • Verdi(

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sod no doubt proceelied to go
was teramingtW ifs
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A Coioitimi inelikAt Alt titien
id—Jeddah!. DMA.
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