The Statesman.
London, England, 1823-08-14 00:00:00

1 ift MAIDSTONE, Tvaenyet AMC= 12. thought that was then* use matte of them. -He might,
,
1
rid • --.11101." with propriety ask his learned friend, Ur. Gurney, irbe
'' HANNA . v. mocanTr. had ever-neon a young rook pie?
,ii. Mt. HARRTAT statedthelise to the jay. The plaintiff --some-- •
„vas a gentleman, residing at limusston-botist, in the perish NORTHERN CIRCUIT. • i
of St.. Peter, in tbe, late of Thanet. The deferulaot was a 'WESTMORELAND ASSlZES.—Aerasey, Ammo It.
farmer, who occupied a field immediately adjoining Mr. Joh* Hargrave: was put on WOW. ehoesed with maim
•Hannam's rookery. for disturbing which the presetit action 'slanghter, for having killed Ralph Omit la a mend
was brought. The defendant
,justified his conduct, Oleg- combat on the 30th of May last.
inn that the rooks entered his field, and were the means of After evidence wasaddeced to eatalslish the ease, In volialt
doing great niischief to his canary crop; hnt it would ap- were several mitigating circamatesosa,-aad witnesses were
pear the defendant•wal actoated by a malicious motive, to called who spoke tolls oxcellence of the prisoner's thane-'
consequenre of some recent parish disputes. The plaintiff ter for in,luotry, sobriety, and attention.
also complained of a bean-boy or a scare crow, winch had Mr. Justice 110LROTD, in charging the Jury, said that
been placed on a tree In the defendant's field, near the if they were of opinion that the death of the deceased
plaintiff's grounds, with the pretended siew of frightening was caused by a blow from the prisoner, they would find
the rooks Irons the field; bat there were some election him guilty of manslaughter, for the nature of the crime
stances connected with it which induced him to believe that was not altered, though the parties met and fought voles&
it was intended as an effigy to represent the plaiotiff. It tinily. inasmuch as a voluntary fight insets illegal act.
would appear, however, the( the defendant could have no The Jury, after some deliberation, returned a verdict of
replan for any apprehension that his crop was in danger, Guilty of Manslaughter.
inasmuch as it was known as a fact that that seed was too His Lordship thee addressed the prisoner, and said, that
innall and too hard to be Subject to the depredations of these in consent ere of hie reluctance to enter the fsgbt,
*blrals..; . . t Wel:drone and litiamelty during the stkrtlat Ud . -
r-' Thomas Wall, examined by Mr. Ounincv.—l am master wards, when he fonod the deceased la a state of lastest--
lof the workhouse of St. Peter's, and receive the' profit bility from the effect of his blow, as appeared from the
ilpf he hhouis of the poor. In Mitch last year, a pauper of evidence, he considered that the rode of justice would be
tbp name of Sooates was,employed by the defendant to keep satisfied by the imprisonment of two months which he hail
iwayffie rooks from his field; he bail a gun and some already suffered for the offence, and lie would therefore
' poWder and shot give Min, while he was there. Plainfilrs order him to he discharged, after paying a Sew of ie.
'mad defendant's land is only separated by a road. I went The prisoner paid the fine, and was immediately die-
,nn- the spot onemarons„ and observed Scoates firing at the charged. •
• rooks, though I did not see a pint in the field. lie stood George Shaw, Jane Shaw, his wife, and Thome Peree-
cloie in the corner of Morkett's field. val. were put to the bar, charged with gunfire the escape
Cross-examined.-1 diffoot set him load with shot: he of Hewetson, a • felon confined in the gaol of Appleby, by
•bid 51,01 will 13i,b; • • causing to be conveyed into his cell a walling hammer,
Josh. ,ifirlip.ell esalnined •by Mr. AooLnitcs.—l was several files and nail prods.
servant 'tdiplainli'd last Match. A bean-boy was pot op in Mr. WILLIAMS stated the case for the prosecution. He.
A tees in defendant's field, and a stage or platform was Oil a man named llewetaon was convicted of a capital fe-
erected below it, for Serrates to fire from. He used to be lony at the last assizes, and sentenced to death. This sett-
, there as soon as it was light in the morning, and stayed tenets was afterwards transmuted to transportation, and.
there anti! it oas dark. He used to fire from the stage Hewetson was, en the 81st of March last, the day upon
'or platform, anti when he was tired of that, tee came which the attempt to escape was discovered by Mr. Brew.
Own into the Orld. shard, the gaoler, still confined in Appleby gaol. The
. Mr.'Anounit.'s.--He quitted the stage, and went into three prisoners, of whom O. Shaw was confined in the same,
the tektite/wool: ' gaol as a debtor, it•wwilit he proved were aiding and abet-
.: .Estaminstiodenetinued,—As soon as the rocks came ting the escape of this felon. The Learned Gentleman
into illi rookery, be.Ared at thefts. The platform was 1311 then went on to detail the circumstances, as will be found
I yards from W•pliitrellfs home, and Close to the rookeiy. in toe evidence.
There have been 100 nests less this year than there were Christopher Newsted, Esq the proper officer for filing
hat year, records, prodpeed the record of the conviction of Hewetson,
, .
• • Cross-examined.-1 have been in the plaintiff's fatuity 311 which was made up from the indictment, the minutia with
years. I have lived in the honse 7 years. The plaintiff has him, and the order of the Court fur transportation.
very much increased the number of .rooks. I think there Mr. James Brewsliaril was then called and examined by
are many more rooks now than ever had been before. The Mr. Wittman —Am the keeper of the gaol at Appleby—
hean-bov was done'over ails brimstone. Know John Hewetsoo, who was in custody before the last
Mr. AARIITAT..—It may be proper to observe, Mr. Haw Spring Assizes. Recollect Isis being brought up to Conn
nasn's mansionehouse is called Brampton Hall. for trial. He was remanded, and put Into the strongest
Robert Tomlin, exstained by Mr. G.:tixev. —ln the rom in the gaol, where he was kept till the attempt at
spring of 1322, the defendant called at my hoose, and • said escape. On the 31st of March, I received information
the plaintiff had been very trona some, and his rooks from one, of the prisoners, which put me on my guard.—
eqoally also, end it was his intention to destroy them. He Shaw, one of the prisoners at the bar, was then a prisoner in
said he shoehl soak peas In arsenic, and scatter them on the the gaol in the debtor's division. His wife was with him,
land, and the rooks would drop from the trees by dozens but not as a prisoner. On that night I took souse persons
in the eight. I remonstrated with him, and told him it to my assistance and went towards the place where thswet-
would be discovered. lie said then he would obviate that, son was confined, about twelve o'clock on the night of the''
by soaking tares, which were of the • same colour es the 31st of March. As I approached,his room, I beard a loud
land, and they would not be seen. lie came again to me noise like a knocking. 1 unlocked his cell door, when we
last Spring, and said the rook Il tilt had began this year, got isp and perceived it was full of smoke or dust arising
- anshhe would_de fur the plaintill-McilfgrrNienlr .la. •" ' : 'rig something. Herretsen had; thrown himself
I and my father becupy a good des o nil, on which I grow IP Or ;he bed with his Clothes on, lie appeared much agi-
some canary seed. 1 do not consider that the rooks do any tated and out of breath. I observed sand and lumps of stooe
harm; I think they do good. t by the door, inside, near the wall. Oa examining the irons
Several other witnesses were called, who proved the on his legs they appeared to be nearly cut through by a file.
the defendant was ih the constant habit of firing at the I found tiles in the room, some in the rubbish and some in
plaintiff's rookery, and that rooks did no injury whatever his bed, and also a hammer with a pick end. The bores-
to canary seed, bin were of advantage to the fields by de. sion in the stone, near the bolt corresponded with the pick
straying the vermin. end of the hammer. The effect of working in this way would
A witness was called, who stated that he had sent thou- be to loose the bolt.
sands of young rooks to London, fur which he received 4s. Cross-examined by Mr. Sergeant Caoss —I got the in•
per doyen. formation about 7 o'clock in the evening in question. I bad
Hr. WALFORD, with whom was Mr. CHITTY, submit. a deputy keeper, named Cuthbert Nesbitt. He is not here
ted to his Lordship, whether such an action as the present now. He is on service in the country.
was maintainable: Here there was no proof that this was The tinder Sheriff of the County examined.—Went on
an ancient rookery. the Wednesday after with the Magistrates to examine the
Two or three witnesses were callad back, who stated that gaol, and found five iron nails under a stone near the pump.
roks had been in the habit of building their nests in the In the day-room of Cie felons' cell I also found a file con-
trees in question for upwards of 30 years ; there had, how- cealed between two flags.
ever, been some years when there was none. One of the Cross-examined.—l found nothing in Hewetson's cell;
witnesses said he considered the plaintiff's as a very hand- and what I did find was pointed oat to me by a prisoner. I
some rookery. know the prisoner Perceval, and have known him from his
Mr. Baron GRAHAM asked the defendant's counsel, if it boyhood. lie is the son of an innkeeper not living far from
could be shown by any authority that rooks were terse nu- the gaol. He acts as a servant to Isis father, who sends out
tune, and protected by law ? and whether it had ever been ale to the gaol. As to his character—never heard any thing
held that an action was maintainable for disturbing the but well of him in Isis life.
place of their resort ? He did not recollect any instance of It was here objected that the allegation in the indictment
an action being h•roaght for disturbing a rookery, though of the felon Hewetson having been pardoned, was not sup
he was aware heronries were protected, they bring cow& ported, inasmuch as the only proof was the record, which it
tiered as constituting a part of country sports, was contended was not sufficient without the production of
Mr. %%mom) quoted part of an Act of Parliament, pass- the sign manual, but this objection was overruled by the
ed in the reign of Henry VIII. which recited, that," where- Learned Judge.
as an innumerable quantity of rooks, choughs, &c., destroy John Johnson examined—Was confined in the debtor's
awl consume a wonderful and marvellous quantity of corn side of the gaol on the 31st March last with Shaw. Shaw
dell kinds, as well in the sowing as in the r aping of the told me that if Hewetson wished to get our, he would get
• same, and also cause a /marvellous decay of the roofs of him any thing that was necessary to assist him. He sent
barns, stacks, &c "it was therefore enacted, " that every for Thom is Perceral. I wrote a letter which was dictated
one should do his best to destroy them under pails of by Shaw, but do not know what became of it. After this
ausercement, and the taker thereof should be paid twopence I saw Shaw's wife in the gaol with him, and heard him tell
per dozen. her to go and fetch Thomas Perceval to the gaol. Perceval
Mr. hivittne intimated that the statute referred to bad came and there were five of us together, who had a pint of
been repealed by the 13th of Elizabeth. The act which ale each. Shaw asked Lim if he would get him &couple of
had been quoted, and the subsequent one by which it had files, four or five prods and a walling hammer. Perceval
been repealed, were similar to an act of Elizabeth, which asked fur whom lie wanted them, and he said for Hewetson.
was passed to restrain the excessive snaking of malt and Perceral observed it was a dangerous piece of business, and
another, the object of which was to restrain the growth of he did not like to take it in hand; but Shaw persuaded him
that pernicious plant called hops ; both these acts were to to consent to get them. Shaw then sent Isis wife to Per-
im found in the same volume. 1 coral for them, and she was very unwilling to go. How-
The objection was not allowed. ever she went and brought in five prods and two files. She
Mr. WALYORD addressed the Jury on the part of the de. did not bring the hammer because it would not be ready
fendant. The present action, he said, was one which yeti- till Monday.
fled the adage, that " the play was hardly worth the can- Cross-examined—No promise of forgiveness has been
die." It was one originating sn a vindictive feeling against given to me, if the prisoners he convicted. f• broke. out
the defendant, Mr. Hannarn's poorer neighbour. What of gaol on the Saturday night the prods were brought in,
the defendant had done had been only in 4.V-defence; for and was retaken io about a fortnight after,
when it appeared the plaintiffs rooks came to breakfast, John Steward examined—Was confined in Appleby
dine, tea, and sap in alo.kett's held, and made their exit gaol in March last, and was at the same side with Shaw.
in the eveeing, without paying the rei honing, I;e did con. Shortly before the 31st of March I saw Shaw's wife bring
crive the defendant was fully jut-Wird in taking such steps in a walling hammer:. Shaw tied up an old steel file, a
as would fur the future prevent their onweleiour rt. ita. It flint, some tinder, four pieces of candle, and a walling
the notion was correct that these birds old no harm to the hammer, and asked me to throw them over the wall for
farmer's fields, but on the contrary much good, how slid it Ilewelson. I refused to do it, ant he did it himself.
happen that in their rambles am seed time and harvest, they Several other witnesses were called, who corroborated
stir in almost every field a lad designated the crow-boy?— this testimony.
Another question was, by what me.liurn wire they to esti.' His 1.4111)51rue, in summing up, left it to the Jury 1p
mate the damages ? How were they to ascertain the SAW consider if Jane Shaw was out acting under the haloes",
of the ro..ks ? lthati been said, ths. the young rooks were of het husband, for if so they would acquit her. • i
'seat to the pi ulteren in /lime's. It- was true, lie believed,! The Jury found George Shaw end" Thomas Percesrali
that it sometimes happened, the unwary corkney had Deny: Guilty, bat acquitted Jane Shaw. . .
and then ate a rook in hie pie, whilst i.e fancied be wse The Court adjourned till fine o'clock to-morrow. .II
eating a pigeon. It W.lll tune first lime in his life he isa I ' • TVIISDST, Avu. 12.
ever heard ail rook.pie ibe certainly felt no great inclie This Morning Mr. Justice llohacten appeased itscsort
n ition to taste one. He had; in his walks now kid -then to pass sentence on the two men found guilty. yesterday
through the fields, met a stray rascal gibbeted ow a pole, iof aiding Lod abetting the escape of the felon frau) plain:
as an example to his thievish eenspanions, and he astray; I The sentence on both: was serrn‘yearetransperts.ime. ,

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