Summer Assizes.
The Times, 1824-09-06T00:00:00

The Judges arrived in this town yesterdsy evening abaut sever, o'clock, and immediately went to the Castle, where they opened the commission of asaize. This mornintg they heard divine aervice at the parish church of Lsacatcter, anXd afterwards proceedied to the differen.t courrt to transact the business of tiecoe nt. INIr. .u3tice BAVLEY presides in the criminai, ald Mr. Baron lIlLLocKin the civil colrt. -he calent4ar for this cuntv ix iiot heavy. Thereare not more than 31 crinminals for trial. l'liey are committed for the following noffetieei :--_ne fhr infanticile, one tor stabbing wifh intent to mnur. der, five for killing and slaying, -one for bigamny, one for rape, ine for forgery, two for heifer.atenling, one for horse-.tenling, tour fir burgary, five for highway robberr, fotur for stealing, and four fot obstructine the officers of exdse i; the execution of their duty. The following gentlemen were sworn upon the Grand Jun, L,ord Stanley, Foreman, h.P. Padoh Fletchet, Esq. Sir T. Dalrymple Hesleth, Bart. *ohn Gladstone, Esq., M.P. Joseph Asbiton, Esq. Thomas Green, Esq. Ilugh 'Duncan Baillie, Esq. John Foden Ilindle, Esq. Geo. Bigland, Esq. Edmlnd Horiby, Esq., MI.P. John Blackburne, Esq.. MI.P. Samuel -iorr.ocks, Esq., AZ.P. John Ireland Blackburne, Esq. Iichard Horton, E?q. Joh n Bolton, Esq. Robert .Markland, REq. John Clarke, E-q. James Royds, Esq. Thoma9 Drinliwater,sq F,. Boolle WibeahanxEsq.P.p Rnbert Entwitle, Esq. After the proclnimation against vice and immorality hadl been read Mr. JUStiee BAYLEY proceeded to address the Grand Jtry' Though the interval between the present and the preceding easizes was much longer th.an usual, he wac happy to observe by thle calen. dar that the nuumber of pritoners was not large, and by the depi5sj_ tions that their offences itl generat were not of aii aggravated decripp tion. In some of the cases they would nbserve, that more than one chage was made against the sante prisnneT; and it mittight therefore be desiraitle for tLe.n to consider how fur the guilt of the pritturnte could be brought 1te:no to hilr. in each particular instance. He teas sorry to observe that ttere were aeveral eases of matn%ltsughter rnd in somne of themn it w-ald be ep,pedivnt t;r tt emn tio cxa-n.zn thie nre dicali imien as to the cause and mt;ans by which the 2 -ce-,ed ptrF(e s hadco,meto heirdeath. There wasone case ii particular whiih would require their e3nt i-leration: for titougit upon an inqui-tion takern bv the Coroner a nmiat iad been committed to p'rinoa] j trtua,n- slauth;er; still ftr,'n tihe derositiotn or the surgeon whL had been call. er ini to exaInine the deceased, it apptEared that ioe 'n:ht have entt-e to a natural Leath, andt not to a de:tii proiuced by t4e hand rX tihe man aLgaimt whoin tire cnrarge waf nt-de. There was anorter ciee in v:wlich tbev would tihd th at a mvther was acc.iset of the uneatu. ral oticnce of tnurdering her own child. In that case tiev swouli! t.,ke caLre to have satisfactory evidence that the obtltd was bom alive for the mucre act ef secttring ihe child wou'd not be sufficient to establi.h the accusation agaidst the mrother, taless there s satisfactorv evidence that her chill was horn alive. If, ho,_ ever, they should be sa istied that the child was brrn alive ttuen Lheev wnuld investigate what wece the mcans by vh ct it hha come to ira tleafi. Trtev were weXl a-are r't: a ,i all inriCcment.g tnurder, he -leans hy which the murdered person canie to.1S ;veadi i ust be epe:tficdl. In looking at Lie d.-u-,icions, it etrucL- b trt that if the child wvar tor:n iii e. rhe wouad be s-, neo t'ifhcuitV na aEcert in:m 'hc~ ncens hi' rehic': it hal lowt its llf:. le ii-n- ti'nei tih,t ctrcttnsta;ce itt ttOar tl,at the Hil; m.xlt F,-ec'y t:e Mepn' o: is death in ', -i man-v ws that ti1t' puarptc o juice nt-.t not:ot to- ev(ded. i't-rw wa-s tine cast, in V;t.- a cOtaplailit wa,s tnla;oe ot the i-njury done to a yoUng chlild. It was a case in whi,It frnom thie tend2' we of the c dll. it wonld ba neces.slri to ex. a-nine so-'e relative of the child. to whom sihe had comn,lainemi, or sn:e tnedical tnan, who haid examit ed hier pcrson shortly after tl;e -toItrage iras cnimtmtte-d, to obtain s :tie conirin-.aion of iieT- evidence. lie was not aware tirat there mers ary other Tcsevs on whier t was rcesta-yv itr hi;m tL mna ke anv ot:Fcrvation. Wi th rhe zencrai itS- ure out teir duriae hre knew that them- were well acqua:nted, and it - - -- . .S. J...1' . -t - wv:U t*' d tSti'. The learned JUDG E, after he had finished his charce to the iradls Jar-, ordered the prisoners whi oitad becit convicted at the lat as. sizes, but in whose beh-lf certain points had been re".rved, to be brou hL Up for judginent. Tne first w ho was placed at the bar was Peter Zorirskil. a Rx sian qpack-doctor, wlo wils convicted at the last asoiz-s of an iudle- cent assault Upo t a yiung woman. The circumstances of his cae were reported in our JournAl at the tine when thev occur-ed. and will be fresh in the recollcCtion oi oar readers. It will there:ore be suificient to mention, that he made an assault upon her. after he l:ad wantonly and intecen:ly obliged her to expose her person to :hm, under th<e plea that it was nececcarv site should dio so zu be cured of certain rits under whici she laboutred. The priso-er, w!ho is abost sixty years of are, was dreised vcry genteelly in black, and pre,.enetd an inmposing appcarance to stranreraz. We un lerstand that ihe had plaved ohf his decen- uons sowellat lIanciester, asto hem in ssessionortverrconsidvrable practice, when he was taken into custodyforthis offerca. On cornig toi he bar. he II tde a louw bow to the Judite. and then cast his eves about the Court with an air of the most perftect unconcern. Afteras!sort Pusate, Mr. Justice BkVLEs thas adldressed the prisoner :-" iou, Peter Zorinsky, was indicted at tihe last assiz-s tor ast astsault; and atLer your trt;l, I thcuyht it rizht o CUtnbit to the consideration of tlie twelve Juud-es. whether the evifience wtns ntmflicient to m ske out the charge alleged astainst yom. The Judzes took the point Into their consider Ltion, and likve decideEl that it teas sutfficient. WVith their opinion nty own concurs; and it is therefore my duty now to 0pass on vu the sentence which ts deserved bv uilt like yours. Yours was assult of a very bad description tor it was calculated to de,troy the decency anti self-respect of a young female." The prisoner here interrupted his l,nrdlship, and after a verv 'ro- testflte shrug of his shoulderm, saidl. in broken English. ; My 14%rdshin, is it no:ltlt dat I may eay .1ifr. .Justie BA VLE -XO: it is not the proper time. You ad- dresised the jury upon a former occasion; ard afte; that address, ther formed wha; I considered to hr an accurate judlg-rnen on your case. I was observtn,. before you interrut ted Mto, that the asssult. of which vou were tfuntl gu:ilty. WdS cCaicated to destroy toie feelings of decencv and self-respect in a voung feniale, and tttiayp'eriaps lhavt had the effect of' turning her to bal courses. T':e sentence of the Court on you is, that you be imuprisoneg in thie Hourre of Correction in this place for the space of eight calendar iimonths." Tite prisontcr. wsith another Phrttg of. the shouklers. s411 hieller than the forrmter, observed, l'4iglt calendar months tny Lattiship ? it is a vert- hard uing Llat. ty Lardship.- Hle wa, thien taken away, and Sylz-ester Thoettlon was placed at the bar in hiss stead. Tttis convict w:ta a laId of not more than eleven vears oll. H-e was found guiltyof arson at the last assizes cntler Eie fotlowing circum- stances. lRe was in the service of a genLletnain. vho had a larve ropery at lvycrqool; thte workmen of tltis gentleanwr struck for an adtvance of waires instead of co:nplying w;tht their dentands, he sent Tor workmen front another place. and enmploved them upoin hid premises. Threats were made bv his o.il workmen thlat he shoulil re- pert of this tneasure; ant shorti'vafterwards.asiVinexecutio oftoinse ttirests, his roperv was set on tire three or totir ti.one.. but wtth"ut much inrjury. At last, hsowever, it was burnt down. and suspician hasvinz tail-en Ott tile Prisoner. he was taken into cttst, 1lv by the headI constrableof Liverpeoi. T' he constable, instead of taking him itnoic- diately before a magintrate, keipt him a da in hiti: lock-up. Whtldt he was in that c:tst-vdy. he confessed that he htad set tlhe premises ot the presecutor on tire. The constable on the trial swore that lie hiad emnployed nteither threat nor Promise to extract that confession from him. It was, however, urgled ti2at un!ue force had breer used to oh- tatn thi contessioa from the L.td, and that therefor, it oueltt no- to hie received! as evidence. .' r. Justice BAY t.Ey helti that it was ad- missible in evi:d,ence, and the consequence wa\, tlar the Jurv fourd the prison.rguilty. Tihe prisoner having been this day brouglit to the bar, tr. Justice BACi.Ea thus addressed him :-" Sylvester Thern- tyn, you were tried t;,r arson at ttec last assizes. and ::t -nur trial I resereed a q-.estion "or the consideration ot'thc Judges. That ques- :ion was, wtsetiter the confession niatie by vou, con,ideriniz the cit- cumstances under rwhich it was obtained, was evidence sutfficient lor a jury to act an. The Julges thought, attd I tltought so too. that it was sufficient, because neither promise nor threat had been usedi to obtaits it, and because notiting but promnise or threat can invalidate a confession. Yours is a very bad case, anti has been attendcd with ezrievous conteguences to the person wtiose propertv you so want nly injured at tite very time that vou were bouttd to protect it. lie Was your master; lie furnished you with tle mneans of subsistence, and "ot. in an ill-fatetl tnoment,^o:nnmI-ted aenost dreadTul ttutraeeotn Itis property. You were, notwithstanding, recommended by himt to the nierciful consideration ot thelCourt. Yours is att offnce Oon which no Judge can attentl to a recotmmendaLion of Piercy uttdtr asny circunl- stsinces. except with great difficulty. For ati off.-nCe wtttch betrays a spirtt ot' such black mualignit Y, which it is so casy o cowmmit, and so difficult to guard aicainst. it is lifficult to conceiiye any circunistanceS which can be allowed to plead in mitigation. You are,however, very young. Tae ca?re. then4bv your good behaviourinfuture,te abstain from the commission of crinie, and recollect, that however cauroing vyou may be, there is one to whom You must aecount for if at last in thte day ofjudgmnetit. I sh,all order sentetice of death to be recorded ainst you. and shall Ltke care thtat you are placed in h situat,iOn whiclh will prevent you from-i repeating such a critte in ftiutre, at lcast in thiis country." FttIDA', SEPT. 3. CIVIL SlDE.-BePo7f Aufr. Baestq RU.LLOCea. VtILCOCic V. HOPWOOD. Alr. WtILtAs4s opened the pleadings. The declaration stated that tlse defendant had debauched Jane VVilcock, the dautriter &ind servant of the plaintifT. by which he liad lost her service Tor a lonz sNace of time Thte defendant pIendei " notguilty," and upst Aesa issue wV'S joined. M1 r. Sergeant CILOSS stated the case to the jury. The plaintifh' came before thern to complain of one of the tmost serious injuries that a parent could sustain-namely, the seducion of his daughter, effected in this case under circumstances peciliarly aggravating and afflicting. The plaintiff was the keeper of a rcspectable inn at Blackburn, where lie had resided for somre vears in ceneral credit and2 esdtmation. He had a wife who had brought hirm a family of eight children; and the young ladv who formed the subject of the present action was, mnelancholy to relate, the eldest of theitr five daughters. Shc was a well-educated, and as .ar as her s2tutation in life allowed, an accomplished yoing ladv. As sie was the first bope of' her parents, they spared no expense in briazing her up; for they expected that by giving her a good education, they ,ould render her an example to- her youttger sisters. She lived in the house with her fathier, assisting in the ranagement of his e5tablisinienft, and filling a situation in which a voutng female of anv personal aItractions whs tindoubtedly eXposed to many dan2gera and temptationi4 Itcould not be denied that a handsome young woman assisting in dispensing the hospitalifies of an inn was en a situation which exposed her to great hiazard, and wshich gave to any mrnan who was inclined to act a perfidious part, a great and singular .advantage over her. The tmras ter of an inn could not have his eyes everywhere, he wa s bound to keep htis house open to all conters; and even if he had the eyes of an Argus, he could not have them opoit all who entered it. "fe wast theretore obliged, mr ore than ay other person, to trust the peace and ito0ur of his fantily to the goe2d faith and proner feeling of his vi_ sitea.- Such was th)e simuation that thle plainti is - aughttr filled up to the time that she beocme 'acquainted ith the dehtendan onrth preeent record. She had for some time been previously acquainted. witli his sistetr, and that acquaintanc hadled to an intimacy with him, out oaf which had a-ern the melancholy cvents which hacd ren. dered it necessary for the plaintiff to inm,s:ute the present aettot, The defendant, he mist now tell them5 was a Alr Hopwood,aYoung matt whio moved in A creditable sphere of life. His fatber was an?Pu lent calico-manufhcturer, and the voung man condacted bis iusines5 and was, he believed, in partnersi&ip with him. He as ia every re_ spec!asuitable match for the plaintiff's daughter, cnd faom the at. tenLions which he showed her, it was supposed that he Was rYing his addreses to her wi-h the honourable irtention oF msits acr hig wife-Frequentinterviews in consequeneetook place betwecn themsnd the result of thetm was the calamitous coOsequSniwS which he bad now to relwte to them. The poor girl pr e pre nt by hir n .she was in duc ceusme of time'brought to bedet:e d_ ed ile auf, tered so m ~ ortfnene'It that her life was tbor Ron o ogresevous a wrong R, the paitiff' had su "Qw ade o ajuryoftecury Hell 0. aeune ote efr,ta h o of an innkeeper was op o al he ord, ndtht tehourof his f'iemiily was therefo sore isise to nvaso thn th t o lmio,t any other lndividus Iewa on hatVeryaccunt mnore entitled to th~e protection af ti hw It've herls of honour and hosptitality were violatedl I hosewhosougt tre helter of hlis roof. fie imiplored thiem to coi idr th iuto i hich the plaintiff'was now pli.ced by the mi Ionduct of the defendant. Li il eldest diauighter wars dishonored ;a ther memnber was added to his alreadY numnerotiis famnily ; and I anohp, of rearing hiis other daughtters wvithl any chance of sir ri,s In the world. AFOr, unilesks they should conli,serate the distre, fhis faWIntly, what else wo,uld be said of lhis, reimaining daughters, IC Slow fitie of scor, POizted at theni,exeept thi-,,." They belor 4 a alie-no prudent man will have any th ing lo say to them. wrlecolleCt what th eldeet of themndid ?" 'Chepiainetifhadthierefoi etermnined to submni't isase~eto tleir consideration,.and in-sodoing I 'as obliged to add anote,r Palugofanguish to thosewhiichihad ahread een inflictetl on hi, daughter, by, bringing her inito Court to tell it gory of her ownv ruin and degr&~datiqn. What defence was to be nr p against this Zctionl lie didt not kritw. Whether the defendant it nsded to have recourse to the usuial practice of thie seduce z., the disparagem,1ntofthe character of the woman hie had betravei: ecould not at presekt, tell, [but if that species of rlefenrce shiould be a rated, hiLe when trePared to rePel it with effect, andI to show that u itherim whn te def'endlanthbed effiected her ruiin, lite had alwa, m rducted herself -,a Odtanldvruu womian. He had thern ire no dreadi that thle defendant couldI findI the slightest loopho]0 trouigh whichl he could aas,,, lher reputtation, up to the perio Khen his own villainy hail ruinecl it. WVoMen, hoverer, couldi not Ii )O often, informed, tha.t the first persona to assail their reputatto '.ere aenierallY those to whom they had sacrificed it. Whether g.as intenided that she shouldi be entrapped itito some verbal contradie: nions bY the hurried cross-examirnation of the ablea.dvocate whio wrs ~ppnsed to her, he had tiot as yet atny me-.an of eun'ectu ring ; bei thsb was suire, that thte good tas"te anid the gentlemanl *ehrngs of his le-arneti friendi wouldi prevent Iisnt from lendloi irs.clsto ay sel tininirt,nly artifice. All that they wvuald creore hae Ond, would'be to consitder of the amiount c tia.istes Nodarnages, tieyv nttsL be welt aware, could b (Otpnainto the platintiff for the wrong whiich he hatd sul; ii"tt.tl Ony enefit which heavy damages would aflordi bitl fin berlts.tat heyurorldmark itie opinion which ditl tr etirtind tthdfnlatsmisconduct in iniflicting upon bin ~ ut.httry They migh, perhaps,be toild that thiey, iinus ~jo tae ito her cnsieraioi tre reatiof the peotisiseof mar ',ge, because titat wol fomtegotdOa separare action on th 4 irt of the daughter. Iwatreltitttglit to, if that unbapp, irctim o)f the defendant'sh a h tieas of proving what ia; Athen place between thiemin piae ith would call upton tlieR ~rdiscard thiat tottiie froniit thi iruitsince. as bie hadl before toli itent, no pecuiniary darn:ae ol ctiltertate the father for thb ~1' IleTY which the d-efendlant' rahr a brotught upon hli familyr le I wouldl -all the youlngityteoeie sthe woulitl tell thema he 4r they wrotld tho hecar hi laried friend's; rerrarks uipon it nhafl, ai teywtu~Id consider what was a proper comipenteatiot ' c tliu'rv whicht this unhappy, fatther teed received in aeeir.g a] rischild', rro,pvcts hi iit'e bliL%t~d by the Cruel end unfeeling con ce of the defendant. ~ he learned Counsel tiea called eli isri Jane I'it,rlock into tire wit c*-b x t5h is at very smart geniteel girl, anti was dressedl in U cl:,An maner. he gave her evidience with the utmnost tin onterae, whilst sh,3 ir.s narrating teri a tne of her owti ruin ant -rc.Snre vwas exanrineti by "Jir. Ni'1t,t.AMS, and deCPOSed a- Ros:Iwas 1 years old *la,st August. Aly Father keeps Otht ~ew.nn a Blakburn. .My mnotlier is still alive. 3My father hat ght cildrn wih me, titree of themi are boys, the rest of tlhem nt his;diegirl ar Pll Younger titan I am, I have always lived wid w faher,excet w-hen I wris a, school. , Drin- Itie last two vean irrsedpar ofmyv father't family. I aisfisteti n tire bar, I 'kep is ac~courts, and conti micted the correspo)ndence. I have dlone thui 'r tie 1last two ycars, I became acquatinted wiibi the sisters of thn e~nant in 1821 tile acquaintance corTinienced at Blackburirn,I a ot know their Cexact aze, but it is about my own. it fathier a, ta,tinie livedt at tlhe Duke of York, another rullblic-house, it bl-~urn. I was slighitly iteqtiainted with the dlefendlant in 1821 ut. our acquah-ance increased at-ter nty father came to the New fo ie llsed to come to otirlirouse tivoi or three timest in a week fe catirea' as cus:o-ncr, for two or thiree hours at a rime. Ile vwut a, trerti r in his manner i tree.- He first began to be ato abouit a year di as halfa,gts. He coteducted himself very well to me till the'end Ju i'o beginning of August, 18923. He p nil attention to me as love,r, and I thought he was going to miarry me. I formied tat opinion from what occuirred about thiat time, Thie cefendani nunifsull to rurue to my fatther's house in that manner till the end ~fNovember or the beginning of December, I do not know what Ir reason wasof the alteru;tiorn of his conduct att that time. Ile p ad its addiresses to me for four, five, or six mnonths before any thin5 '7.ricuiar happerned between us. That particularity to which allusiion ~xnie happenedl at the coil of Jul'y, Iwas! brought to bed of a onr the let of May. I tadl h IniIn February that was pregnant; bitt I tdrink tha. he was aware of it be. re. I first began to suspect it my,self in January, Hie con. ttt'to coine to mny fatlier'si kouse till FebrtiTary. Since that h.) e has never romne to it. I wai anaerously ill at my, confine. lueurt two doctors (Dr. Barlow and Dr. Pigott) attendted me. The JWtid isnow living,,; it is boardetf at a place about 100 yards from wrmrhouse. illy fattier supports it entirely. I was not to a con. Iti ton to nurse it ; it woet put o11t to nurse, Myv father paid for that. PIhe defettiant is 24 yvears old.,Fle i,s w':th liis' fathIer, whio it a cot. (r)tl.mantrfacturer. His appearance is very respectable. So is that -itali hit, family. VCross'-examuined by Mr. 1311Oi:GHAM.It.1 is bookkeeper withi Iris fathier; hils fathetieras 5 children ;te is the eldest. His father comi. .nat choose at Preston. I attended there nighit atid( das', andI upon ~il sorts of comnpany. Mly father kept twvo alQhouises' at Preston, t9ur house at Black'3urn ig remnarkable for its tule. it is a postingz. house, bat we do nor kee-p post.!orses. When people come to out keuse who wart ihersi, wve send outt for Ct'teiu. The first time I knew Ithe defendant's s~isters was when I sent outi irwitations to persons I did and to persons I diii not know, for a sort of hounse.warm, inug. I have seen the de fendant's sisters frequecntlyvsince. H4is lrIest siss,er used to conic to see me freq~uently be fore tit'at house-warming, "ri-en we lived at the Duke of I ork. I assisted in attending nu) fttier's customers, There was one worian waiter besides m 'ef~ trtee- was also a chambermaid, 'This misfortunie did not byall Tmu at Preston races, but about a week afterwards. Tire defendant. dfuringr Presiton races, came itito the hiouse and asked for somethitiip to tidritik ; I broughit it to) himn. There was another gentleman in tin oroo at the time, I did not sit myself dlown on his k-nee. Not'hili particular tpassed betweeti defendant and me whilst the other gen. '1lenan was there. Whlen lits wenit away, vwe did not go into a bed. mom. The nmischief was done in the sitting-room, but not on ttin v%ening wlien he came froim the races. It was abontt a week after' wai-,l that the miisforturne was perpetrated. I trever was in lic-drl.rom withi hitn in all my life, it was alw'ays in Cthe it. titg.room that we were so intimate, and after he had had -something to drink. It wsas r.ot always in the same cit. firig.room. Hie used to stay alone with, me till 12 o'clock ai nirmnt ; sometimes for two or thiree hours ait a tim-e. I used some. lirnt-es to go into the room whiere ftse conipany was. I never tool Sty thinc wi it them, except uiponi great pressure. I have favoacadt biu iw-ith a soog. I have also fav'o'ired oithers, but it has, been a ve greatt viol tice to me when I sting be~fore others. I never heard th'u other pattiest si",g whIen I was- present. Mr. Bitcl'oHAMC.-.Do yott recollect ever hearing or tinging reTrV prettyv51:1g, beginning n. i'Tw:ts noon in thle pleasalnt montiti of Mlay ?"-No. nevcr, Will you swear that you never heard it P-Yes ; I will. What ? not these pretty lines- 'Twas noon iii the pleasant month of May, " Uhe births were sitting and sitizing on each spray? -I do..not 'Know whiat youi are alluding to. What,Ido you not recollect the burden of that tong ?-I know6 nothing of it. But though you do nor recollect the song', you may perhaps re- collect the bitraen ?-I knowv nothing at all about it. WVhat, don't you reecollect-,, "Oh ! shte'd one arm here, and t'otlier arm tliere, "So charming lay this beauteous fair P '-No ; I do not. WVill Fou smeae,now, that yout never sunug thatiburden-of course I ttt'an whien great violence ,was us,ed to you ?-I-: never sung tlial burdeltn, td I know nothing of the sotig. hat. ro you riteani to say that jyou have no recollectionr of tlia songe ?-J1o. D)o you mecan to say that You kniow nothing of Hodge, slv Hodge ~-Iitlo. Well, then, we'hlgo by steps as Hodge did-now you understand wrhat I me-an ?-Na, I do not. Whbat ! you know nothing of I-odge or of what he did P-No. rlothi ng. Dirt Your mother ever come into the room wheni you were sing-ing -with thec defer-uluet P-Yes, stometimies. Did she ever come in, when, after great pressure, you sat downand sunge betore other gentlemen ?-Yes, sometime,s. Did not they rice the same violence to leer feelings that they did to y(tnirs, sad make her sing ?-No, not that I 'kiioig of. Wh'at ! do you mnean to saLy that your mother never sang to please gentle,len P-I do. Wiill you swear thatutsoiir mother never joined in the chorus ol th,tt song 1 just no-w repeated to you, "1 Wit!l one arm here, &c. ?- hF'ever beard her, and I b lieve she never did. -,.D.ame now, dlon't be so reserved, you do know something abou- 7edede, don't you ?-Nci nothing at all. i't at ! not of " the gentle zephyrs thro' the trees ?"-I don't re. cnhledt 2a word ab-out it. Then you knrow, dotn't you that the burden changes in the other versle, You understand M'e, Jn you ?-I recollect nothing at all about it. T'he less you recollect abouat it the better; haut r must now asl J?u'otisnttier question. Did yvou ever lhear of one Isaac Lancaster ?- Yes, I have. ile is a Jewe broker, is he not ?-yes. A triend of your famnily?-No; no more than any othercustomer is, Did you never hear ofsnr toney passing between him and yous fatticourse Iedrno 'i course I do not mean that it had any thing to do with you ?. Y'ot know, then, it had nothing to do with you ?-I know nothing abou ti. Wam' he not mnore intimate with you before you went to Blackburn than after ?-Yes ; lie cauie often to our house in Preston; but re do not live in Preston now'. Now I ask you again, *' Did you not often go into the room where getlemen were sitting and drinking; and were you not used to clog to them very often, after they had used the necessary violeiice.the greats -essure which you have described to Its ?-No, not often, I rav it was with great pressure that I ever was prevailed upon to sing Did you sing atanditig ?-INo. ;WVhat, then, you sat (town with these drislking getitlemen ?-I wtas Siting, andl so were the gentlemen. 'hey weze sitting over their spirits anl their ale, were they not, wihen you went in to sing to7 them ?_1 went into the room to wait inrt themn, and not 0o sing to them. 1uwent to Preston races tt year, did you not ?-Yes, I lid. souet of'from your father's house P?I did. In a pose-chaise P-Yes, Not with 3r. 1 opwood?-No. MWith whom, their ?PVith a Mr. Sunderland. Oh 7 ,ith a Air. Sinderlasd: who is he, pray ?-An elderly gen. SI*jrnph l an elderly gentleman; ~W;L there nobody else with you ? es, there, was a young gentlemtan;* but himt ldit not knbw. p e s tayed oatet the racde s, r.idi you no r ?t d ia; b f LeISo t under..tani?. lVaS it You who made the post-.boy drunk P- 5. No. it tias not we whlo made him- drunk. A W'ell, niever mind that'I you sAy 4"iTeC now who c:ime home witi !n you ?-We hiad got to W'alron bef~ the accident befel the posebbsy. reYes, vea; buf whio do you mean by "1we did not make hin J. dlrunk P"`._Why, there was 1Mn Sundlerland, the youing gentlemint te (lid] hsa: know, and another ladyv, besilles myself. W Ilell1, w hat b ecam e of rM1r. Su nt erl an d; did h lle n ot get outt of thii icoac.h P-YVes, he went olitside after the accident. A.*Andathe! ldy ;did'noi she go outside ton ?-No, shie did not. i. What! ere not you and thie younec gentleman whom you dlo nio is nowlef alnetogether in the coach P-No. ! WhatC1% e11time ws~1'l1.s it whien you got homne ?-Abou t half past 9, or ii is o'clock. .s %Wen dlid you leave Preston PI-Abouit our 7 o'clock. The ac. gc "cideta.' ened at 8 o'cock. At 'slo,you saty. flow far is W'altoni froni preston P-Two milee 'eso youi were abouit two hours in goin.c to Widlton, a distance 0. e two miles. A nice, slow, medlitaitive jiace,?_.. cannot be exactll y jcertain its to the tunie when we startedl. a W~eli, you got home about 9 or 10 o'clock P-yes. Ifow far is it firom Walton to Blackburnm P-About 9 mriles. Now, youx have taslketd to me a bout cue Joseph Lancaster p lray. I(I doYou know another person of that namte ?-'kes, I do, by sight. ,!83 sight-is that all?P Did you never go in hiis boat to B3uruley -' .3 , I. didt once. pAlone5-N'o; I went withi my father, abouit htis liecence. is4 that the onily occasion on whiich you ever went to BuruileyP. Nit it is not. e I(n whiat other oecasion dlid youl go ?.-I felt myself uinwell one2 d(ayv. andl thinikinz that a ridle on the top of a coac'h would-do me e giood I went to Burnley. I1'ns not this L ancaster or. thie coachi withi you P-I do niot recollect, tperhaps hie mtight be. .Of couirse you returned bionie thait same day P-No, I did not; IBurnlsyis I1I or l2mriles fromn Blackburn. I went titere in one coach, Iintending to retur, liorne the samie day by) anothier. 'iViten I got vto lBtrtsniey. I was taken suiddenly ill, an,l in c nsequence I stayed r there all i:ighr, anid came back the day aftcr%varts. Nle'l, now having toldI me so muchi aboutt your trip to Burnley, fetime ask: you another question. D.) you kn5w Mlr. Hargreaves9 of 'i1'hite Ash ?-I do. Ditl vita ever visit him P-I did once. AnePN,not alone; there were two ofther ladies withi tile. how thid it happen that you calledI uipon him P-I did niot call uipon Ilit. I've were stalking past his house, arid he calledi us hi. 1-ic called voti itt: did vyou go in ?_'We did. - Did you pass the eveningp there ?-Wse dliii. Was' A'ir. lHargreaves alone P-Nio, lie wras no,t; titere was anothier getstleizian with binsi. IAntid volt attd atiotlier ladly charitably went in to visit them- ?-No, Ithere wa~re two other ladies besidles me. I Alr. Hlargreaves is a bachielor, is lie noct ?-Y'er, lie is ti bachielor for tiy thiing 1 know. 'When wast tiis; ; in the niiorniing or afternoion P-fnift e after noon. After dlinner ?-Iran't say. jMir. Hlargreaves i;light have dined i Do ouC'rTecollect Hr Iopwo,)d falliti' aslectp or pretending to ftall asleep when your father was in the roomi e-I do tiot. Whlat, do youl tint recollc yorfte aing to sonebodly whio Wished to wyake biFn, Let ILsis alone; he's 'our JIane's chap P- -:do niot. Will you swear thant your fathier dlid notsaso-IeDilthV said so, but I did tnat ecar hins,sysi-ie.gthv Tlhe witnes-s, ini answer to fuirther i1uestions, satid-"1 MY fathier never saw mje and llopwMood in thle roolm alone together. 141y falthee and mnother bothi saw h'im coists to notr ltoetse as a customer. Thecy kniew in the latter end of July, 18l2, that hie camie toi pay hiis ati. tlresses to) me. Thev' knew nothi,ng inure of thie intimiacy whichl then subsisted betweeis its. 11I v m-other was never presenit whent great vio. tleilce wa-s used to make me) -sing before strangers. Mv mother mighit know of myi) singing before thecm, but Il(do Pot thiinlk thiat miy father ditl." Re-examtined by Mr. VVtIs..ASts.-The Mr. Sunderlamnd of Whbom we havebeeri talking is about dO Yecars old. Mly fiatleris well acquiainted withi him. On recollectiont, t find that we hail four women servants at the New fuin. We had also a boots and an hostler. Oars, was a post.hotuse, though wve hail no post-horses. WVe got our horses, andi chaises fronti a person who contracts to let its thlein. IThiere is an hotel in Bilackbutrn. That person furnislies the hotel withi horsejs t thlesante as he does mny fatlier's inn. Mr. Ja.es B1arlow, examined b y Mir. Sergeast Caoss.-I was for iiatmay years a surgeon at Blatckburns, but I have ntow retireti, and am ottly cailleid in on pressing enierzencies. I waR rAiled in whien this young iadv was coinfinetd. An6ther mediceal gentleman was in attendlatiic bet'ore I was calledl in. She ws in very mnitmient dan. ger for two sr thiree days, and it Was on thiat accounit that I was called in to advise for he'r. Mr. Serzeattt Cntoss ubserved that that was his case. Mlr. BnoUGIA N then adldressed the itiry for theo defendlant. He reqluested themi- to hear in mloth the exaggeratedl opening of hila learitemi frieltil, anti to contrast i; with the facts as they now stood upoti htis own showing. fils learned friendl lhad described the plain. tifF to thtern as a ;ierson who rains to complain, of the bitterest injury whichi a parent could atustain-nanitly, of the setluction of' lila chtildl; and liad goite on to tell titentT that the injury had been comuiitted inths Case und(er circumnstances the moat aggravating and the most afieiting. From an exordium so pathetic anti so magnificent, the jury would naturally expect to findt distinct proof of an affbetionw'e coi,rtahip, of seriotis adidresses, of prontises of marriage, of various dtirect as well as collateral cirenimstances, all going to establish that the defendant was the suitor of this young womnan, and tier suitor withi the honourahlc intentiso of miarriage ; anti yeat the ease wYhich hlis learrned friend hiail proved by his owni witness, who camne into court wsitis this psecuiliac advantage over the dlefentianit, that shte could speak of tie circumstances undler whichi their comsmon error liad been conisniitttd. ani)( could aildI to themi particulars wtieltic lie could imot be ,illo'ved to cotntradict by his own) evidence, and, wh!ch it was impossiihle for himr to contiadict biy aniy othier-thie case, be re. peated,which his learnedl friendI hiad proved did not contain one tittle of evidence that a promise of marriage tiad ever been giveni by the defendlant to this dlaughter of ithe plair-tiff. Even she had nit'yein. tured to swear thait the defendant bad ever ex-,ress.ly promi'sed to marber. Site sta-ed that she expected that itSwwould marry hier. She mimite ta he h:i , never tolul her that he would, but she saulI that he had held out to her expectations wehich led her to believe that such would be the result of their intimacy with each other, Was that, hnwevcr,tlte way in whichi cases of this nature were generally proved? His learned frienul bad siail that in all probability thier'e could bc nobody else bu~t the girl to prove a promise of marriage in this case; and allowing that to be so, how liaristheprovedit, Or did site provte it at all ? No such thing:- she oiily spoke of the. impression. made! upon herow n mind, without venturing to give to the jury a stingle word of t.he conversation which hiail causeid it. lie assuamed that lie had distinctly proved, out of her Own m-ouath, tthat thisi young gfirl, who hiad been the prinlcipal waiter at a place whichi was niow dlignified by the title oh ani inn, but wlihichad formierly been, and, lie believed, still was, nsothing iisore than at vuigar alehouse-..liad been allowed at all hotirs of tile dlay, and of the night also, to serve men of all ages, Young as wcll as old, the dlisbolute as well ais tile uvell.behaved, with spir ituous liquorato go into the roomn and sit down anion them, anid to e cniplleats-in.e tuines with great violence to sing songs to them; and at otheys, no d-oubt with no less, coimptilsioa to he r feelings, Ito drink with them also. Bat if she went to a tongat these nol us Irevellers, atid was once cotnutelledl by great violence to silug andl drink w'ithi thein, how came it to pas that ite allowed this great, violence to be offered to her feliesno oly a second, but even a third, a hooirtli, and a fifth tints P Was it not clear fions thiat cir'cutnistaice alone, thiat asil was employed by her tiarents to bring customers to their house, and that when omice thtey Iwere brouight titers, she went in amongst tiem, to keep ~-hera by her Citarnis of'person aisid of voice, in a state of me,ntal anid physical in. tOxication P IHer mother, she admitted1 knew that she tdrank and sugwith the visiters of t-he house ; her fathier, she sitid, did rnot know of it; but whnether he did! know of' it or niot', was tlhis, he would ak, a case in which they, as jurviisen, could give hepavy damages ? There was an old saying, that as menr so-w, so must they be conitent to Ireap ; and it was an old proverb ead a tru,- one, that from tile fruitof a tree, it.s nature mnighit be known, and not only its nature, but also its training anti cultivtition. Now, if ever he saw the appearancecifa girl which indicated mo!;t clearly that she had beets accustomedi to all sores of vulgar society from her youth UPWards, it Was tlcaDpearance of' the girl who had that day given her testitisony boretemin the confi-lent and unblushiing manner which it was unnsecessary for bins to desCribe, as they had theunselves seen it. Anti yet this was the very person whom hiis leatned. friendi had described aLs a young lathly whio a assisted in dispensing thse hospitalities of an inn 1 Hils learnedi friend had ctrtAinsly hit on fa very7 prolix, and niot a litttle pompous way of, stating thiat shfe wgsi the waiter at an tnts, or perhaps he ought rathier to say at a Comiston alebouse. They vwculd observe how cleverly, for the purposes of this day, she had been got up in court;, they woulul nsark lhow eiegantlv and how genteelly slite had been diresseti; an-d they wvould not, 1k~ trusted, tbrget that all this had be~en contrived for the purpose of ex. Itracting inaordinate daisages from tile Pocket of a vottng man who wvas utterily unable himself to pay tiemn. Her fatheu, hakving kot money Iby her services tn pne way, was anxiouis, it was d ow clear, to obtaiin it by her services so anot er,. and that, too, boy a mnode inciidental to If c ircmtansof the situation in whitch lie liail first placed he. I twere not so, how was it that Mhe had always been eta 1loyed to waitt uponl the guests, whiets there were otlher fe. Imare servants in the houte who coquldl have hemn better emi- ployed on such errands P It was evidetit Chat site had ndt been withdrawn from their aighit..it was evitdent that she lisad not becls di- Irected to wsit uipon tisem in the mnorninig only-i..t was evident that ~Ishe had not beeii f-orbidIden to wait uponl them in the eventing, whien the), wetse inflamed by liquor1 and pserhaps, also, by lust. Nvo, she waited upon them at ali hours of the day, anti of the, night teoo.up even to one o'clock in tile morning, for it was4 in evidenece that site had done thlis long before tile accident occurred whtich had giveni rise to the present action. Out of this state of thingsi had arisen hier in- tercourse witlh her father's guests, herAstting wit Ii thetal at one time, her singing to them at anothier tinie, her drinking with theta at a, thir(i time, her sieYvinF theta aat all'times, all whsich had been de. scribed as the occupattion of an accomplished Young lady, who only assisted in dispensing th hospitalitiesl of an misi. They could not bu.,t see what migisty endeavours hadhbeen made to infaiitue this dase for no other purPose thatn to gain excessive damages. They woulid observe, that mt was withi some tlifficulty titat they hail got dot of the witness the manner in which the mischief of this seductiodi had beets completed. All ta fhis I.- edhdakdohrw were You brought to bed,? P-frj c3laaylayt." Did they ever see a csee -lie cettainiy never had-in which tle counsel for the plainttiff; wito kcisew all the curcurnatance,i of the sedluctioti, doltn even to uts most minute particalars, hadl pased over themn a'l witioutasking asingle question about the whiets, the where, and the how it was perpetrated, and about thc conversation and the promises which had imomediately preceded it. There was in gencral somle reluctance on the part of the fenale to be overcome; there were in genernl sonte entreatics- some promises of the lover to be stateil, etre were in general some particularities about the time and place to be mentioned, in order to show that the girl had not f4llen an easy prey to the passions of the seducer, andl liat there really had bcen some sedcticon in the case. His learned friend, however, 1lat1 been instructed by somne very ivary personage-,he would not enter into any detail of specific facts-he athv ned with the utmost caution to certain poiia in Ihis case, and 'hen lie arrived at them, passed then over as if he had been treadl ing upont burning plough shares. The only inference which could naturally be drawn fromn thec costiveness of hts. learned friend's evi. dents upon these points -was, thiat there lied been no reluictance on Ctle port of Lthe girl-..tiata there had heedi no entreaties on the part of the defendant-that there had beets no eeduction-that there had beens no victim, or at ,least that there hail only been a willing one. It really appeared to hiim that thisi wast -Aeise of as trumpery a desicrip.. tic,n as ever was broughit into aclr ) 3anif Jihrgr Eo Fe elcac orths accmpltshed yroung lady, who assixtedi in ispnsig luebouitfites f in n, ha would call upon t peak of the pzrticalar ciroinranes hih lmeda~tendd iarintsis wihlise de. Wtrin be.rom. he nlyplce la~e 'jtl toe~eledecency s uch intimiac couild htave beco allowved was excladed fro z the loca,. lities in Whieh these impatient loveDrs displayed theilr love. T he in. Itsim-acy had=al aysbeen most particular su a sittlihg-rooin it migRht have been patclr, she said, rIn diff'erent siittirtc.romaa but that Ishe could not swear. Now this was either true Or It was tint. If'it Iwere not true, then the sllence Of dhe witnesn as to the place, left it Only as a naturAl inference thai the intimacy had taken place In I hi bed-roamn or in srime otlher place, whiicli it wvould be asq disgrace, ful to hier to mentiots anti if it werg true, how degraided roust the Scu(ifubmit to di3clo,qe hrlove in liuch puiblic niace ? RM then calledl the attention of the juVLteinieto thse ong. Ile hope'd that they, hadl not t'orgoiteni the Positive denial which she hald gie th le quiestion wliceh he hadi askted asbout It.- Judginir rontebeginining, "1 Twvas noon Int the pleasant Inoathi of' Mlay."1 there wvas nothing improper in it ; bust the matnner in which she re- coiled fromi lins question about it, end the tone In hlilch she an. sweiredl `Noi,nevor," convinced hims,as is must have convinced every mnai in court, that she was pcrt'etslv well acquatinted with if.-.that she hal hieard it, antI that she knewv fiat it contained that wvhichL noD miogest womani oighit to hear. WVhy should she, havinghIeardand aungz severaltsong.s by compulsiion among hter fhtthees viniters-why ~should she, if she was, acting an honestand asinicere part, have been so readly wish hier assertion that she hiad never h4eard it ?-Wouldit not haVebeen mnore naturatl for her to Hay "1I do not recoDllect the sane au men- tioi..... ma-y have hecard it : my situation In my fatther's ~ouse has compelled me to he i-r mtany songi s but I cannot recollect that song in particular ?" ' Would not this liave boen the laringageaf an Inno- cenit witniess, who was not accustomed to catcnes and cquivoentionit It wa.s clear that,immsediately after she heard tile first verse, sihe recol- lected all iboits ifoilge, and wh.it Hodgedlitl and knew that it wfouldl be destrucrtion of her father's cause, if she acknowlc-lged her ac- qutaintance with it. The lea-rnedi couinsel in conclusioni told the jury to) take all these circumstances into theirronalderation-to reflect that the defendn haio afring except wbat he received fromhisfater,who ad imslf eenobliged tocomtiound with his crerisos fve ear agoandthe tosaywhiat sum was; so smnall as, no: o h at adquae copsisaso:tforthe loss whlich the- plain- tifiad isranetl....e wuld ot sy b hs connivance in thto ntiscoTi. tluc efisds,gher...bt b hisinatenionto hier tnoral habits andI Mr. Baron Huttrocg, in sutnming up the daste to thejnvtd them thlat their ver:fict must at al-I eventsc -be totr the p raiffti andt tha tei ve(letoughit at least to cover the expenses whiich lie had henpt ob is daughter's confltsement. They wousld thien con- sidler1 what damages hie oughit to receive for theIiliury which he liad stan(byhavinf his daughter's 'hopes andi Prospectsi int life blate fo eerby t ie defetidantt's tniscontduct. In coming to an opirnion, upoti that poin', they wvould consitler how far hts own in- attentioni to ithe moral conm4uct of his.daucihter had coitsributedJ to thie calarnits- which htadlgiven rise so tie pret,ent actioss.The learned Judgre, ;aftrcalling tfi attention of the jsrrv to such art%of the evidence as bore upon that point,obshI'erve,that with regarS Ititbean%werseivento questionn whiietchtad been put to the dtaitghter of the plaintiff on her cro4i-examninati,tn, thtev muss take thent asq true, as evidence mnight have becn called, but had not been called, by the defendlant to proeir thieni false. If shie liad joliied in the chorus of the song whitih Alr. I3rougham hail mentioned, witnesses n,ighit have been called to prove it ;se, tot), upon tlte other insinuations made against her. As Iwittiesi;c3 had not Leen called to prove those charges, thiey rmst con- s4ider liter denial of them so be perfectly correct. A ter steveral othter observattIt,wticli we are Prevented by want of time firom reporting, siteleared Jdgele,ts ste jury' to consider of their verdict. ITue 'Jury, after a shiort deliber tiobn, resumed a Yerdiat for the Ju,,cx eynods,alias Waltter, was indticted for the wilfil mnurder of JcobWilkns,late of Norton St. Philip's, near Bathi, on the I rad1m .~uifotito Nor,on Mr. Gi' , N sr s stated the case as one depenin o romtantial evidece; and thiough no witnesses cood be called wsho actuallY staw the prisoner 2strike the blow whichi led to st~e death of Jacob Wilkins, vet Ithe evidlence wouldi be sufficimntly clear to enable the jtiry to caine so a siound and easy decision. The Prisoner, wvho was only I19 years of' age, had been tried before, and convicte'd of felony. (george W'ilkinv.I ami the .4on of the dleceased; my) father lived at I'hili1,'s iNorton for many years - was the hostler to the Bluacher- inn; ite wais 63 yearst of age;, left bi% house on Sunday, at half.past II in tlit forenoon; was drested in a dark mixture cost, light breechies, clark waistcoat, andi liirlit kerseymere gaiters ; the coat came down as far as lils knees. I saw hsimi take a silver watch with hiim ; he hash put a gilt seal on thle watch, with a red stone in it, mTarked wishi " F." I saw my father at the Fox-inn, next day, dleadl. I saw the watch again afterwar(is at Air. Fi-her's at Stoke. W litn-ess prodluced the coat which hiiy fathier wore wheni fie wrent out in sthe morning.] AMary Lovington...1 knewr Jacob WVilkins; I saw hilm on the lst of Alugp4st last; I went so Baths so see him ; he came to pay his ad- dtresse.s to me;, it whs about two o"clock in the afternoon that we met. I drank pars of a quart of beer with himn ; he dined withi me at IBath;, ble paidi for the dinner ansi beer; lie bad a good deal of silver in hi-s plrse, Ithink about five half-crowns, and some other silver; we left 1Bath to go to the Crioss.keys between six and seven in the even- inmg: the roadi is up) hill ; we hadl a quart of beer between four of us at the Cross-keys; we stayed a quarter of an booir, anod pajsed aboutt eighit o'clock; he too k out his watch to see what o'clock it was ; it was a silver watc1h, which I knew, 'having got is repaired for him ; lie went aivay towards illitford, and returned home with two other women tnw'ards Basth; he was very sober. Samiuel Huntley.1 was on the road between the Fox-inn andl the C'arpenters'.arrms, Stoke; on the ItofAuguss Iwas goingso Hunton, and passed the Fox.inn; Inseta man about haIfa nuib fromthe Foss; he hi(ladsiglitfusuisnnjacket, adarkwaistcoat, andlightbreeches on ; it was ha_lf-pa,st nine in the evening; he said, " VYoung man, there is a man lying dlown (trunk adp here in the road, r have been strug- gling wtril himi for two hours, andI I cannot get him up; I wishyo woulId heave hinm out of the road, as you pass along ;1' ad will. I wras in comnpany with Ann Deverell, and her daughte uh Ann Deverell asked him if is was one of his comPani;besi " No, he is a stranLiger to me;" he went on towards Hat i ; we to- warcls ffinton ; about 200 vards further on wecame to the man; knews him lie was lyving dawn by the side of the road;, I calledi him three times ; he madle no answer', and I tsok his hat ofr, and fouxnd he was dead; it was Jacob WVilkins; his righit haild poicket was turned inside out, and lie hadl no watch ; he hiid no money ; I turn- ed back aga-in after tise man who had spoken so us ; it was two or three ntinustes after I s,'ss the body that I set of:. I ran an hard as I could to ithe Fox-inn ; I toldi the people~ at the Fox, and then went back to the body and scorchied the pocketst; found a kniife and comb, the womien in the mnean time went and celled Perkins and Giant, constables ; I cannot say from tshe prisoner's countenance that he is shec mati, btit lie was mudsi such a one na the prisonier; I believe It is sIte same man. G3. Perkins...T liveil in Autrust last at Mitford ; mv house its si- tuate between tdie Fox inn and Ilinton ; the house iis 600 yards from the Fox, on the left hand side i some persons catiie to ehy houseII went with them, observedl the body of the man ; I knew hiim I exzamtned his pockets ; there wasu no money nor watch in them, niotiting but a kiiife as-d comb ; I a-ssisted them to carry the body oti a hiurdle to the Fox ; is did not receive any blow on the road. I looked as this body, and saw that there wansa blow on the no-te snd s little blood Issuing from the corner of the mouth the head lopoked black ts-er the eye, as if is had been bruised. I saw AMr. Georsge DlYke Fishier next day; 'vent with him to the Carptemtrs Arias public-house at Stoke ; wlhen we got there, we saw tho prisoner; I think it was between, one and two o'clock in the day. HeI pulled oeyfrom lil tipocket; Mr. Fisher told me to take him into Cus- s'o-lyise said very well, he wvoald go aniy where with me if I would let b'un liave his jacket 4 is was brouight so him lie Pisttit on it was a light culoured futstian jacket ; we talked of siearching hi. and i.e took from hii pockets a XI nose, 14 shillings in silver, aTsi eigit pnince halfpenny : site prisoner is the man. Ellein Jones.-I lire at Pares-, in the parish of Charterhoaste Hin- soni, with my father I H'mw tlhe prisoner on the ist of Auigust last; Its cs n to my ftther'simhouise j b6t*udeh dne and two o'clock I saw him firstt he conltinuedl there about one hiour and three qtiarters4 he went straight ofF ithen so lMrs. simmon)ds's cottage, which lies in the wav so latli - I went wishi him ; when wa got there,a we stayed a littile while, and parted ; I went home, and he for Mitford; it was ratlher better than htalf.past 6 o'clock in the evening ; he was dressed it1 white stockings5 light cord breeches, lighlt fustian jacket, fjl,ed p tush waistcoat, wish ilar,k, sptcks 1n it; had an unribrello W wriim; hiatl eithter -tutarter or itul hot o the uimbrella handle or stick was main big round, and had a crook at thie end. Jolt a Wheel-r.-.-I was at illitford on Sunday the 1st of August, near tbe Fox; it was pass seven o'clock when I went there ; tsaw the priso ner go iitio the Fox, and out again he went towards Bath; he tiAved as site Pox only a few minutes l ie had jan a silk haindker- clief, of a vellawish colour; a litIhtish fustian jacket, red plush waistcoat, with some spots oni, lilss od rehs hte stockinigs. and quarter boots; saw him come back again, between -eight atidi nitte; a darkish looking man was with him, who wvas atn older man than the prisoner Ashe latter awked the other to go into tuie Fox, atidlhave a piT~ of beer I the old man said lie hadl ito mny4the-prisd1her said It Ut tis go don to ~llnton ;"1 they did go on ; it twas betwixt eight and nine o'clo:k,; IhrAdSeen the pri- soner a fortnight before, going into the Fox; lie had thd saa-ie dress on then, except his waistcoat, wvhich 1 did not take notice 6f. Ann Fisher...4 was, on the 1st of August last, a servant to Mr. Gorton, who keeps ithe Ited Lion public-hoLuse at Oddown ; I saw Ithe ptisoner on that day, abotit 20 mInutes past ten.at night ; he camie to the door; which was shut;. he knocked atsIt, and called for a pint of beer, I told him Ile coulid haVe noniale thlat night, for it was pa.ss hours ; he said he bad been waligall da,aniwas rcidy to sirop ; he had come f'rom vV'eymoath ; I openedti he door assdgssve itim a pint of beer; he took out of his pocket a watch, arid asked me to lighit a candle, that he might see to wind it up; I law tile face of the watch it was silver round the edge; I brought him the can- dle, ise took the kei, in his h6nd to do,it5 but put the watch in his pocket, and said lie s.'ould let it stay till hec got fo his lodglipg there was a chain atid key upon the watch; ulid not observe If theme as any seal upon it ; lie tSnok a handful of silver, wish sr many as three or foiur half crowns in it, and paidfior the beer ; he tasted a drop of the beer and siaid the first droP turned himn sick; andI he threw it all out o~ doors; he siaid bhe shouldl try to stay in Bath all night; saw himi on Wednestlay morning in a cart as he came by wishi Mr. Coillin% s aid it was thie sirre mass who called for a pint of beer on Sunday eveninig; he trembled very nmuch, and apspearcdI heated wlien he cAme for the bee r; he seemed as If lie bad been walking I tuirk. William Perr y.. lodged at Rush-hill vrith the prisoner at the bar; I left him in bed on Sunday, the 1st of August; weint to bed at 10 o'clock Stnday night,, prisoner was not at nome. I saw him about a quarter betbre 11 ; he came into the house quite restlest; got up to let.him in; he knocked very loud, and said to mne, " Who arc you? Who are yoi? Who are you ?" I had no light. I said, " James, what's the matters don't you know ne ?" lie asked for a light; he said he wanted one to wind up his watch; thelight was brought; he did not wind up iis watchb; te went down, when the light was brought to him, and said he wauted some victuals. I was in bed, and prisoner soon came ap to bed; he brought the light up; I asked bim what o'clock it was?. and he said half-past one; he took out his watch, au). hung it up on a nail by the bedstead; never staw him with a watch before; we got up at five next morning; heasked me what seven lialf-crowns were? I told him 17& 6d; He loeked over his money, of which he seemed to have a good deal. He said he had changed two pound bilLs the day before; the watch appeared to me to be silver; it was a roughish chain, with a seal to it; 1 weat away and left him. Prisoner was out of work often. Alzry Lewington, George Wilkins, Aunu Fisher, Win. Perry, and Nash, identified the watch. William Barfoot. faund a atick (which heproduced) In field about a quarter of a mile frool Perkins ' hlopse, towards liotoas. Joshua Hunt, a pohijc-offilcr 8aw the prisoner at the Wslcot po- lice-office; a gentleman came tnere to see hin, and asked him how )te could do such a dee4 ? Tbe centlenian sid he stood a fair chance of being hanged. He said, -r' did not do the deed." Ttie gentle- man vent away. Prisoner said, " Nobody etaw mr WiU the mn, and they ca'it hang- we.for havjng the watchit" fHre the prisosei velseseatlr Cl5Itapd, ThWs fie, Lorh_thst t false !"m at, 5 Joep ft lT} t4 tlte MPjUtc,;te, 144 C.prlsW v eramnic:4 In his prelsence rihn thrTeat wias mlade;, evamnai;fons were readl over to thec prisoner, and Signed by the magistrates the pri- soner was asked to Sign I he refuise.i, but stated ro reason. There were two examinations on the same day , he reftused to signi bothi I took them down, Urhe first examination was the declaration of the prisoner that he bou-ght the watch of a traveller at Newton, on the road, at siix o'cloeck that morning, and paid a pound note for it. The aecond went to state that N'ash nasked him to raffle for the watch.1] George Goldiston....I am a asurgeon at Bath ; I saw thte dereased at the Sun, at Stoke: exarmined the bodv, and found a contusion on the nose, which was veryslight; a consiaerable contusion on thze left side of the head; there was an irregularity nerceptible, which ledi me to suspect thiat gret injury haid been indficted on the cranium ;I 6iocnedI the skull. matking an incision in the sca'v, Said tolok a circu. lar piece of the skull off; I should have said T first perceived. a de- presised fracture, aind wscertain ofl It after I had divided the scalp, there was a verv great extravasation of blood antler the skull, which, with the preneral iniury, done to the head, did as I consceive, cau',ie the man's death. 'rhat in mny opinlon deridealy. Frorn the circu- lar form, and confinement to thlat form, I think it musqt hare been efthcted bv a round weapon ; it must have been a particularly round stone. and highly polished, ifit were a stone, and then I thin k there wouldi have hiave been a wound of the integuaments; I m ean a wountd shoiwing itpelf'xternally.e there wasq noi such aptpearancest. The brain did not appear to be injured;, it might haye occasioned a suf- ficient concussion of-the brain to cause decathi. Cross-examnined.-A lblow given on that part of the Skull ajught have occtsioned dleath withiout art intention to cause dieath. Ifi he hoA fiellen on the ground, the wound would not have been so circular and circumscribed ; the wound on the nose appeared to be thie effect of a blow.' Re-examined.-The two wouinds cauld niot isave been oceasiun-e' by one Iblow, and I think not by one fall. The prisoner being called on for his defence, said, I bought tit watch of~ Edward Lacey, a traveller, end thiought I hiat as niuct rizht to bisy it as to sell it, and to tell it as to buy it. I atua i snor-nt of the crim?e laid to my charge. The prionr cuilledl no witnesses. The Loa CtssxwI JUTssrCv suimmed up the evidnc with great perspicuitv, and left itt h uy onoon. whthrwthe Ci~ain ofeircumsrancee; againist the pris'one'r was t:ot sufficiemuly strong to satisfY their mindt, of his gutilt. The Juuty, after conisulting about ten miinutest, returned ;4 verdict of (lnlItvl. The LoRus Celrsa JUSTsCM imnueLdiately proniounced sentence of death upon the prisoner. The prisoner is a young miats of Ahort stature, florid comnplexion, withi black hiair; his counternance is not urn.preposses~ing. HeI heard L.i sentence without emiotion - ap 'ared to be wholly unmoved by the solemn erhortations of tte.Judger, and throughou't tite proceed- ings maintained an sir of inflexible firmnness, or stupid ittsensibility. coNrassIoW Or TIEg PntsgosEtI. Imnmediaitely afte, the prisoner was removEdl back to his clDli, he, I muile the following confessiloi to Mtr. Hardy (the Governor of' II. chesiter-gaol):--" All that about the stick, which was productd itt Court, and writh whiceh it was saidi I murdered Jacob W'ilkin', is wholly fitlie. I was, walking on the road along with hiim, and What. ever possessied me I do not know; but I thoughit I would nmurtier him : I took up a stone, and withi all my force thirew it, and Struck hItn on the side of the head. Hle fell directly- on his face-, bttt I wamed him-f on his back and robbed him., atud then left hihs lin tite road wtiere he wras found." Thep prisoner illso toulul Mr. flardy thata the seair on his noste, and the blood on thie side of his miouthi, was occasioned by his fal~iiig on itistface. Truueprisonier's beha,,viour since his conAdemnatious is quite changedi, and lie appears another ruati, and acknowledIges the justness of it1is sentence, and h6t; becomie quite penitent, calm, and resigned to his fate. T'ite wretched tunan is verv young andc geodooking.being onl r,19 vearsof age. Thi, da (S- ua~y) he was remoe rombence to rlch&stert awi %i extuto FRIDAY, SEIPTEMBER 3. HARiDY V. 811ACacLT. AstO orisEs. Thids wast ani action against the defendants, who are edi-ors, ofte John Rail newspa5er, to recover comipensation in damages for a ma- licioutta libel, published in that paper, charginig the plaintiff; who is the Governor of llchcster-ganol, whitl crueltv towards a prrsoii of thie name of Sntith, wrho Was confined in that g'aol. Mr. ADAat statedI to, the jutry, that in this case tliev would have no trouble. The action hacd teen broughit by Mr. Hfaredy, tite Go.. vernor of Ilchester-geol, for tue purpose of comnpellinig the detend. ants so substantiate, if it was hit their power, certain imputations agansthischaactr o a eryserousnattire, which they publishted in hei nespaer;or,on he the had,of satisfying the country and he wrld tha thee ws no th slgtSt foundation for ttitese impuatins.'rh deendntshavng,as was their dutv, tuade in- quiiesino te jstce f te eprsetations which they had pro. mulase, cme o he oncusin tatthere was no truth in tite stattnct. heytltrefre eaovrd to ake an early opportusnity of sltingtheirconvctio, tha thee wa not the slightest. groktind for akig an chrge f te naurewhich titey btad publishked agaist ir.Hard, ad cnsened hata verdict shiould be recorded. Mr.Serean Pg.r..-Gnuhmenof he ury I ppear here to represent the editor of the Johnt Rnll nesppe. k e defendants wish to lose no time in freeing the charatr f lr ardy fProm theic aspersions whicit. throughi the miediu ofterjrnl they htave cas-t upon it. As soon as it was fottnd that Mr. Had i d reason to complain of the publication, anti that he was taking step ovni cate his character, the editor offered to give up thenaeoth autor. This concession was inot deemed by Mr. Hardtobsu deiar,as tisobjct as o vndiatehis chtaracterfrmaubi sniatlerson an hetheefre huoigt it necessary todmna publc acnowldgmet ot theinjuticethat hail beeni doetht. Undr tesecicutustnce, ue ditr f the Julin Raill lha no oh.. jecionto eclre hathe s cncenedfor liaving been instrumiental int tecirclation of charges which heis nowrconvinced are w-itito:titanyI foundatin; and he hopes that this sttatement will have thie effect of operatin as a complete vindication of'l Mr. Hartly's character. Nye tliterefor consent to have a verdict recorded again'st us, with 40 shil- ling dlameges, which will be sufficient to carry the costs. M1r. Baron GAaARovr.-Gentlemen. it is scarcely necessary for me to Say any thiing to you on this occasio'n. The parries itave been very, well advised, andI have acted very properly. Tisere is; of late years a growingc attention paid to those wkto are under confinemrent in onir public gaols, and to the character andI cont(luct of titose who have the control of those abodes ; and it is extremely gratifying to see that the class of personat who are called to the exercise of thte duty of re- gulatingz our gaol, s considecrably imnproved, beyond what wec our- selves have known themn to be withiin our own timie. Under these cir- csurrtances, the governor of a gaol, whose discharge of htis (tiusy has been arraigned In public uponi erroneous grotinds, could not fail to hav recourse to an action to assert his character. Gentlemen, uldoubredl roprietors of tlewipspers are, from the causes mentioned, extrenue. Fvliable to be imnposed uponi by statemnents, the truth of whictit 'hey have no present to cans of discovering. They may, therefore, wive publicity to a variety of representtins, ltighly calculated toI woun th feling andetroythereptiatin of individuals, very innoenty suposng tat hey re romlgating thur truth : but they publsh, t thir pril,and re lableto p,av for the injury w-hiclh the ths iflit. he artes avig cme to an arrangemnent between themslves it nly emais fo youtoind a verdict for tite plaituiff. I Damaes 0s.- vedictwasretunedaccordingly. 2ENAYREt V. ADAMtS. This was an action of trespass brought tty the plaintiff', is- conse- quneof the diefendant htaving cut o(Ffhe bianehe4 of several trees, wluichioverhtung the defendant's grounds, to the great dtieto the porduc growing thereon. Ilu.Sergeant PELL stated the plaintiff's case :-The parties were gentlemen of opulcnce-...eighbnurs.-and hitherto friends at Upper Easton, Bathi. The plaintiff's grotinds were ornamented upon that border which Joined the defendlant's fields with a beautiful rowi of elms tinder wbos,e arms he had often reposed. a, his ances-. tors had be?dre him finding beneath their ample-foliage, "hiealth in the breeze, and shelter in the storm." lie liad funtlix'lhoped, that for many a generation to come, their spreading hutuou're woulti I have afforded shadle to his posterity. How mortified mnust Mr. Penayre have been, to finid on his return after a temporary absence, thiat his belovedl elms had beconue the victim of profane mutilation. 11Gentlemen,". continued the learned Sergeant, " ocudi,s s&6b- jcctw fidelibus," holding up a paper on which thiere appearedI the representation of twoa trees, and which were intentded to convey an idea of one of those elms, as it appeared in its ancient state, and as it appeared after it had undergone Mr. Adams's mutilation-" Gentlemeti, look on this picture,"- polntijug to the old tree with its broatd and luxuriant arms,-.-" anti on this," shorwing the other tree, mnost miserably curtailed of all its fair proporttonti-4 the counterf'eit presentment of two elms. 'this was an elm, and thatz is-what shall I sav-its half-statrved miserable brother-more consqpicuously poor-mo6re eminently Iean-niore pre. eminently infirmby the contrasted exuberance, health,' and propor- tions of its more 'forrssnAte brother. Jesthiniss I hear from its ex- hausted trunk thiis address to its brother :-' Behiold mne witli pity-a decayed and miserable victim-my strength gone-cut off in the slea- son of robast anti thrivring youth;, atnd p:rematurely sunk to ecuay -look on, me andi pity me-.~let all iuy brotliers of the fores't mourn over my untimely fate.' " The factli of the case, the cutting off' of the branches to the very truEnk of about 80 trees, and the injury to thte beauty and usefulness of tbe situation, were proved by several witnesses. Thttdefence was, that those branclies extendled a good way over a field of lueerae belonging to the defenuisnt, and that the injury occ riortedto the produceby the driyping from the boughs was very con - I sideriuble. Trhe defendant likewise pat in a letter.whlich was tent from the plaintiffro him, which hie eonsl(tered to be a licence, affortdinz a f'ull jutification f'or what he liad donae. 'Phe letter, on being read, proved to ha-ve been a remonstrance with the defendaint for hiaving cut thue trees.. and it uidvertetd to an occasion formerly, wvhen ttime platintiff permitted the defendant to lop off some of their branches, whichi appeared to have been detrimental by their too great extenit to the field below them. The defendant i terpreted the leave which, upon that former occasioiu, he bad obtained, into a general permission to remove as man brnchs, nd s mch f tem,as in his own judgment were The ury witouthestalo, funda verdict for the plaintitf- D.uage, ~~l. a erdct hatgav uiversal astonishment, parti- culrlyas he ounel iscaimd ay oher aimn by this action than SUMif,VR 4SSIZES. LAWARTVIR- Tnnan??- -Q- 9