Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-09-22


Stanley, X. NJ
Mrs SteDart late Missionary the Sandoick islands
Painted by Charles Ingham.
4facient Athens Painted by 3. F. B. Morse.
Agriculture Painted by William s. Mount.
Lady drabella Johnson, Painted by C. X. Leslie.
pte0 Of Nor~ich, Conn, Painted by ID. w. Colt
GREAT SUIT. The heirs Of Duremsi and others
have brought suit against the First Municipality Of
New Orleans for restitution Of property between Ursu
line and Esplanade, Levee and Rampant Streets and
$500 900 damages. Attorney for claimants G. @. De
Armas ESQ: value Of the property claimed 81 00e o00
~ Q. Trae American.
ALLEGED VIoLATIoN.-At Lewes. on Tuesday, a
gentleman, of Eastbourne named Filde 90 years age
indicteo charged with violently and feloniously
making assault upon Mary Hassell, Eastbeurne.
The appeared excite the greatest interest," in
consequence Of the rank and position the prisoner held
in society. He, well as the lady to whom he has
oeen but two three years united, said each
be in possession of large fortunes and have further
extensive additions of wealth in expectancy Mr. Law,
having stated the circumstances Of the the jury
proceeded 10 call his witnesses.
Mary Hassell, an interesting young girl then put
into the bcx, and examined by Mr.. Bowling. She said
Il am between Is and 16 years of age. lived in
the service of the prisoner, who resides at hyperion
house. Eastbourne down the 18th of last month,
and had done for about year and months Two
Of my sisters Ruth and Charlotte, also lived with Mr.
Fder, the servant and nurse. and the other
cook acted IN the capacity OF mouse maid. About
fortnight prior the 1lth my mistress Hastings.
and Charlotte and remained with prisoner On that
afternoon he desired to tell my sister go the
Post Office, and then told carry
for him into his dressing l did so, aud found
that he had gained the room before me. He next
desired to shut down the window, which did;
and just had done it, he caught me round the waist,
aud Instantly proceeded to take liberties ct indecent
character The witness here into a minute de-
tail of the circumstances attendant upon the assault,
which of "a nature not fit to be publisked)
afterwards went down into the yard, and having
been there about minutes returned into the kitch
in the condition that in which left the
of the prisoner-my hair hanging about nay neck and
face. Just entered from the yard the prisoner
coming the kitchen from opposite Doorway and
seeing asked bring in his tea but said that
| had better go and dress myself first l made no
answer, but walked up stairs and dressed previously
however, considering what should do. then went
down stairs again. and made preparations for getting
the prisoners during which sister returned from
the post Office, when told her the whole of what had
occurred My sister as as she had heard my state
ment Down stairs aud knocked the parler door
| and went in. The prisoner was in the room, but had
not given any her knocks the door, heard
part of the conversation which took place between my
sister and the prisoner. My sister said "How came
yov, Mr.. Fildcr, ruin my sister in the you
have donel" He said he did kno. what she meant,
| for he had My sister rejoned tLat what
\ she referred thst which lad sappened in the
| dressing ROOM and he knew very well whatit was He
| again denied having seen me. upon which she said
What shameful thing it is for you to ruin young
girl ONLY 16 years of age That all the converse
ZION heard, except that my sister leaving tho
room she said, "She would il that night" Sho
then into the kitchen and said that she
would al once 90 my father" My father lives
| about mile from hyperion house Ga the arrival OF
my parents accompanied them into the dining room,
where the prisoner was. My father said, What do
you Sir, by your imprudent conduct towards my
daughterl" The prisoner said he did not know what
my father meant and then my mother observed, Your
conscience, Mr.. Fider, will tell you what we mean
The prisoner however, persisted IN denying that he
kne what was meant when spoke boldly and told
him that iii e" Shortly after this conversation
we all home, and underwent examination by
DIR. Hall The witness then closely xamned
in reference the and conduct Of the prison
but without producing the least prevarcaton IN her
statement. On the subject of the resistance she had
offered the prisoner, she said that she had struggled
very hord and had pushed with her hands powerfully
she could aganat his breast but she had not applied
her hands his face in any WY. She then said-"AE
ter this bad treatment Of me was over, prepared his
and took IL into the paror TO him, aud during the
time he occupied in drinking it l went IN for
tea pot refill il with water, the prisoner having rurg
| for me fer that purpose"
Charlotte Hasse the last witnesses sister, then
examined and corroboraed her statement in all mat.
tiers in which she herself had been concerned.
| Stephen Haaell next called but was net -.
| toned, in consequence Of communication viii N -.
took place between the censel On either side the
| ainatiou Of which,
Mr.. Law said that after what had just .,.,.a l,
his learned friend he felt that he sho' nd be ,ucien,y
discharging his uy the public .re h. now o.lw y
ask for conviction Of the prisone for the minor os
Of "assaul,ing with INTENT here were ,om. c;ren.'
stances in the case which, his opinion fully ius,6ed
the course he proposed 10 adopts and therefore with The
permission OF his Lsrdship he would withdraw the ca
Psl part the charge and take verdict for the mis-
demesnor only.
Lord Dcnman considered that the course taken by the
learned counsel for the prosecution wa, very proper
proceeding Without in the least me aning to cast any
| mputation on the young girl whe had given her evi-
dence, and who without the slightest doubt had been
assaulted by the prisoner the bar with the intent to
commit the capital ecace IL appeared TO him that not
withstanding she might have done what she thought
best yet there had been many opportunities Of resis-
lance and for giving alarm, Of which she had not
svailed herself and which was requisite should have
been done make the proof complete and salts.
factory that she had given any particle Of coases
For instance there was boy on the premises whom
she might have called and through his means such an
| alarm might have been given, would have had the
effect Of srresng the prisoner from the completor ef
his purpose Besides, instead OF running of Al e.ce =,
her fathers she remained, and about her ,rorl !.
usual Under all the Circumstances therefore ,.r.
ticulsry after having read the dispositions which were
before him he did not thiHk the capital charge Of
having rsvshed the yousg girl against her will could
be successfully sustained.
The jury turned round and were some time in consnl
tation, when being evident that all of its member.
were not OF the opinion exprsssed NV the eour,