The Statesman.
London, England, 1823-03-12 00:00:00

WILTSHIRE ASSlZES.—SaLtanear, Manes 10.
On Saturday the Commission was opened by Mr. he
rice Benanuen and by Mr. Baron Huts.occ.
John Mason, aged 32, was tried upon a charge of bi-
- gamy, in having married Johanna Smart, bis former
wife, Mary Mason, being still alive.
• T. Ent witness was Mary Partner, whn stated that,
)e 1- 14'she knew tliespiisaner, who courted MaryLece,'
a young woman of irmingham, whom he marred at
St. Margaret's church. He lived with her but• three
months and then left her. The register Was proved.
A ,yoaug woman named Jolia,ut a Smar, stated that
s e lived at Trowbridge. a here the prisoner about four
years ago, came and courted, and married ber at the
perish church. The reg'wer of this latter marriage was
proved, and also the identity of the prisoner.
. 'IIW prisoner, when called upon for his defence, began
tp curnelain bitterly that he had b-en ill used in the insti-
tution of this prosecution, in consequence of which he
hail already undergone the punishment of several months
imprisonment. "To be sure I did marry the woman at
Birmingham," said lie; "but Instead of my running
away from her,- she sold all my traps, and then tau
away from me. I went to sea, and she, thinking she
had got rid of me, married again. When I got back
from sea, I went and demanded her back, but as soon as
Cashed for her, her new husband ups with a poker and
swore he would open my heed with it. She disowned me,
aria swore that she had never seen me. What could Ido
wi h sneh a wife as that, year Lordship? So I left her,
ni•y it plea e your Lordship, and leant out what I
t. 011gat a better wife, and 'thirtieth her. This woman
k3aws (pointing to the first witness). that say first wife
is hivit-tg now with her new husband at Birmingham, and
hashed three children by him, but she hadn'tone by me."
prisonerexpressed his fires coolvietion that his eile's
seeuud marriage exonerated him froon the bends of ma-
trimony, and entitled him to marry again.
A constable who produced the certificate of the first
marriage at Binning') ten, here said, that the first wife
had nut hesitated to marry again ; and that she was now
living with her second Ittisband, by whom she had had
two children.
The first witness, Mary Farmer, stepped forward, abet
in justification of the first wife, stated to the Court, that
she li-ed only married again when the prisoner rau away
fns a beer.
The Jury found the prisoner Guilty.
Mr. Justice Helmut:en said, that whatever might
base been the conduct of the first wife towards the pri-
soner, it could not justify his conduct towards the pro-
se, 146 x; Johanna Stuart, in marryint: her. His Lord-
ship sentenced the prisoner to be imprisoned fur six
months to hard labour.
Mary Hillman was placed at the bar, charged by the
Coroner's Inquest with moirdering her female infant bar
tard child; the Grand Jmy not having found a bill
against her. In consequence Of her delicate state of
health she was indulged with a seat.
Mr. WIXTER, in stating the case for the prosecution, I
after detailing in a brief manner, the facts he should lay
before the Jury, observed, if they should be satisfied that
the unhappy young woman had not murdered her own
et ild, they would consider whether or not she had con-
citified it. But should they be satisfied site had coin-
irittint the higher offence, then it would be their bounden
duty 'to say so. The Learned Counsel then examined
the following witnesses :
Aar), Allpot was eared, and deposed as follows: —I
live with my. mother, in the borough of 13ewdley.
'9n the morning of the S h of October, I saw the pri-
soner come oat of the privy. I asked her if something
t-ai not happened. She answered, " No." I then toek
fie tongs, and was proceeding to the privy, when she'
'took them from me, and said there was no such thing.'
Ilee prisoner at down to her breakfast, and afters ards
went up stairs.
Maty IlumPlierson was next examined.—l was at Mrs.
.:Alipht's house •on the morning of the Sib of October.
In consiquence corsoine communication Vwent up stalls,
and there saw the prisoner, and I said," Sally. what leave
you been doing ?" • The prisonee hail the appearance as
though she had been delkered. I 1-Itl seen ,her the
:day before.
Sarah Hitler examino d.—l sate the prisoner on the
us wning in question up stairs at Mrs. Attpot's house. I
asked her why she did not own it: She answered he.
puse she was bewitched. I afterwards vent to the privy
and sew the child's head; I lead then a candle. The
second time I went with the tongs and took the child
out. I t was a fedeale child, and was dead. I left it in
the house.
Elizabeth Juniper said that the prisoner desired her to
go to a drawer on the 9th October, and there she would
find a child's cap and shirt. Witness went there and
foand them in all unfinished state.
Mr. James Fryer was next examined.-1 am a snr-
yen living at Bewdley. 1 wen: to the house of Mrs.
Alhpatahout one o'clock on the sth October. The pri-
soaer app. teed pale and exhausted. I first saw the body
of a child in the privy. The nose and moutli were under
the soil: rise hack part of the head and some part of the
face nereexposed. Externally, I saw two or three small
scratches ti von e skin of the face. The navel string
lal,not been tied. 'I he back part of the hea I eas louse.
ts belly was *sunk. The 1n04., appeared of a florid co•
lour, and SW3nl in water. On examining the head the
tones were I.roken. A consider itole quantity of blood
was upon the lobes of the brain. 'The bones of theloi ad
seinen d to have been broken by either falling down or
a hard substance telling upon it. I went to examine the
brick-work in the privy, slid there saw it was of pie in a
'silting manner. There was n.e blot,' gem it. It is
very probable the child had breathed. It did hot appear
tie he rptite full grown.
By the COURT.-1 cannot undertake to say the child
wss born alive ; it might have eject in birth. The
lungs sit laming in water do not prove the child to have
teen' born alive. The child's head might have been
crashed in birth.
'f he Learned J unc tr, in commenting on the evidence
said, before the Jury LI on.ght a verdict of guiltyagsinst
the prisoner on this capital part of the charge, they
toast be satisfied that the child had been wanly de-
at. eyed by th.: prisoner. But was it riot more that
this child had died from one of the many circumstances
be which thousands died on their entrance into exist-
i:nce, lit in by any design of its unhappy parent? The
respectable medical gentleutan who had been called,
would not undertake to swear that the child did hot die
when it was just about entering into life. This evi-
dence the Jury would consider. -There was another
question fur their consideration, which he (the Judgv)
was sorry to say where evidence was not so faVourabletu
the prisoner, and that was the testitnoiny of the reipect-
tilde young woman,. who was the first witness in the case.
'The prisoner's conduct on that occa•ion certainly amonnt-
ia to of the child ; ;yid by a Staticepassed
in use late King's reien-, that od'etice was visited by pu-
nishment. His Lordship left the .In-y to form their own
torocki-hin Coin the facts state I.
'the Jury as:turned a vrrditt of acquittal ai to the
traced r. hit aunty as to tile concealment.
•*1 lee je*DC.E'dien inquired the eitaracter of the
fritiuner, -He was told by two w iteesses that she had al-
as-av condoetea herself with propriety and modesty, be-
firc the present- occasion: flea Ihninlship then called
Ler up .for judgment. He said the Jury had done
eight In neeaiisiug the chance of murder, he was
firmly persuaded she did not intend to kill the child,
and 'sines- she had.received an -excellent character, he
seas unwilling to add to the imilrisonment she had
already uudevzone, 'therefore, the sentence of the Court
wet Oat she should be: imprisoned one day, and then
dlsobarged. • .
•