The Statesman.
London, England, 1823-07-31 00:00:00

GARDNIta V. witu.mto.

•
This was an action broegist by tbttPiaiatit who was
Vicar of East Dean, for aaolhatroetfo• wbieb bad bees
made against his alleged right of way bra email' path
from the vicarage fume to the ebareb.
The Jury fOitnd_a **edict fir the defasdast, negativ-
ing the Clergyman's right of penis' mad repaedow by
the path in question.

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MIDLAND CIRCUIT, WARWICIIt.
Simeon Wood was charged with stealing a gelding
from a common in the parish of Brinklow, belonging to
Av,ry Butler.
The prisoner, it appeared, in a drunken frolic, took
the prosecutor's horse from a common where it wail
grazing. and rode it, using his garters for a bridle along
the banks of a canal, to a neighbouring parish, where,
the unskilful management of the animal, lost was
ti roe n off. By this circumstance the attention of a far-
mer was attracted to the spot, who, on looking at the
horse, immediately saw it was hisi friend, Jr. Butler's,
and questioned the prisoner as to where be came from,
hnd where he was riding to. The foolish fellow, with
all the inconsistency of a drunken man, gave. simple ova-
sire answers, and, on being taken before a IMagistrate,lte
refused, or was unable to give any yetis actory ac-
onnt of himself. and the consequence was, that on fhe
:nth of Jane last, he was committed to the county gaol
on a charge of capital felony,noder the name of " Anony-
mous," where be has ever since remained.
The Court„without calling on the prisoner for his de.
fence, put it to the Jury. whether it was necessary to pro-
ceed with the trial, and they having conceived favoura-
bly of the prisoner's case, returned an immediate verdict
of—Not Guilty.
John llohner .(who surrendered himself to be tried)
was placed at'the bar on a charge of biesmy.
Lucy Hughes was present at the wedding of the pri.
sneer with his first wife Sarah MtLachlin, at St. Peter's
Church, Birmingham, on the let of February, 1819.
Cross-examined.—The prisoner lived with his wife or
two years after they were married. She did not know
pith whom he then went to live. They lived together
set: unhappily. After they were parted. Mrs. Holmer
*rilt to live with her brother-in-law. Mr,. Holmes
Lroihrr-in-law bought her in a public market, with a
halter round her neck, for three shillings. She did not
know that the prisoner hail been ill in a hooka, tine 41l
she know that he was subject to fits, or was wields his
intellects aid understanding.
137 the COCRT—At the time of his first marriage she'
slid not conceive him to be a map less strong iu his on•
iderstaniling than other men in his situation is life.
The only proof she had of his being a weak man, was his
selling his rife with a halter round her neck.
The prisoner, a little, (lark, ill favoured man, as this
w'tness closed her evidence, became affected with a vio-
lert agitation, which, for an instant, apparently deprived
Lite of his senses; but he shortly recovered himself, and
Fettau stamping and turning round in very rapid succes-
sion, and at the same time stared wildly and vacantly
round the Court. The illness did not afflict him more
than three minutes, when be again-voluntarily placed
litutself at the bar. By the order of the Court he was in-
sittigrd with a chair.
James Sharpe saw the prisoner married at Aston
Clinrch, near Birmingham, on the 26th February last.—
Ili-liner was then married to Charlotte Sharpe, and be
appeared rational like other men.
Cross-examined--Charlatte Sharpe, the prisoner's 'se-
cond wife, was his (witness's) mother. He never kicked
him out of his own house, but the prisoner had threat-
ened to turn him out of doors, and brought some of his
relations to assist in doing it ; but instead of succeeding,
11. e w itness got the master of him, and carried hint out
of the house gently, hut never kicked him out. This
happened on the 26th June ; and Hubner married his
mother on the 26th February. It was not long after he
Flied hint out of his own house that the charge of bi-
gamy was made against him. For a fortnight after
lloliner was turned out, he lived in lodgings which he
bad formerly occupied, and his (witness's) mother lived
in her own house. The prisoner came out of a hospital
about a month before he was last married, and became
acquainted with his wife at a shoemaker's shop where
ti.e witne's's brother was apprenticed. The prisoner
t)::ce saute to his wife's house, and broke open the door,
at:d wanted to rob her of all her furniture and property.
llohner was a gilder, and carried on his business in the
back part of his wife's house. The witness had worked
with him, before which tie was a traveller. The witness
it'd not turn Holmer out of the house, and then take to
lis shoo and trade—he could sot do so ; he did not
know the business sufficiently. His mother bad the pos-
session of all Holmer's tools. The charge of bigamy
was not made to get rid of the prisoner. The charge
of bigamy had been made long before Messrs. Spurrell
and Co , solicitors, had written a letter demanding re-
stitution of the property. If Holmer had not made an
attempt to break into the house, the charge of bigamy
would have been made against him. The prisoner did
out believe his first wife was dead at the time he entered
into the second marriage ; nor was it a fact that his first
wife died within forty-eight hours after tne second mar-
riage. It was at least six weeks after the second mar
ridge that his first wife died.
Ito-examined.—The prisoner came with a cart, and a
t imultuous crowd to take away the goods.
By toe Court.—He had known the prisoner six weeks
before marriage, and during that he was as assiduous
and attentive to Mrs. Sharpe as a wan could be, or usu-
ally was, who bad any intention of proposing marriage
to a woman. He did not know the first wife was living
till three weeks after the second marriage. The prisoner
represented himself as being a gilder. He never knew'
him afflicted eith fits ike those he had this day; he was
always in the midst of good health. The prisoner was
io the hospital a month before the marriage, and after be
got out, he regularly visited Mrs. Sharpe. His mother
was not here.
The parish registers of the two marriages were put in
sod read.
Mrs. Mary MelAchlin the sister-in-law of the pri-
soner's first wife, deposed that she died on the kb of
Allay last.

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