Lent Assizes.
The Times, 1824-03-20T00:00:00

.JarnCs wa.1r, ;eepncpmen 3ueivy, JOscp. .Nyhrl-ty, and Hester S7elzy, werc charged on the coroner's inauisition with the wilful mur(der of Elizabeth Marsh. at Slhoulden, on the 25th Janiuary last. The prisoners Srephen Shelvy aud Hester Shelvy were charged as accessories before the tact. Mr. BOLLA'NDI for the prosecution, declined offeringany evidence on this charge against the accessories, and a verdict of Not Gzuilty was recorded. The prisoners, James Clover and Stephen Shelvv, were then in- dicted for the like murder; Stephen Shelvy being charged as acces- sorv before the fact. 'Phe principal witness for the Crown was Joseplh Shelvy, who was admitted as an approver. The deceased was a widow woman, 84 years of age, living by herself in a lonely cottage, in the parish of Shoulden, and was erroneously supposed to be very rich. On Sun- day evening, the 25th of January, she }ad been heard singing a psalm by some of her acquaintanee. In consequence of her not ap- pearing on the Monday or Tuesday, and the shutters of her windows remaining closed, appichensions were entertained that somethinghad happened to her. Some neighbours went to her cottage, and finding the door *ridc open, they entered, went up to her bed-room, and found her lying dead in her bed, covered over with a heap of rags, and two pillows on her body. She had a dreadful wound onher left temple,and the fingers of beth her hands were broken. An iron plough-coulter. and an old hat, in the form of a dark-lantern, were found in tile lower roorn,and the doors cxhibited marks of violence, such as would. have been made with the coulter. On the Sundav following Joseph Sbelvy and Clover were apprehended at Folkestone, and in conse- quence of the infornation which the formergave, the other prisoners were taken into custody. Joseph Shelvy deposed, that he became acquainited with the pri- soner, Clover, at the last Canterbury scsions, held on the 13th of January, whither they had gone as witnesses respecting tile settle- nient of Stephen Shelvy. On Sunday niorning, the 25th of Ja- nuary, they werc at Steven Shelvy's cottage, and whilst they were alone witness said he was going to Folkestone, for some money which a young man owed Iim for a violin. Clover said it was no use going to Folkestone without moncy. Witness said he had none. Clover maid thoat, if witness would stop till night, he would go ard get somne money. Witness asked where he was to get it ? Clover said " I will run the hazard if you will agree to stop." lWitness ha(l an old hat, the brinm of which was torn, and at Clover's desire he eave it to him. He then asked Hester Shelvy tbr a needle and some worsted. She brought himi sonme worsted and a needle. ThIe prisoner, Stephen Shelvv, was not then present. At Clover's re- quest Hlester then brought hiM a saveall; and he procceded to niake a dark-lantern of the hat, by cuttinig the brins off, cutting an door it, and sewing a piece of black cloth on the top. Witness puit the saveall into the hat. This was between ten anti ele%en o'clock in the forenoon. They then laid themselves dowen to rest till a little after eleven o'clock, when they got tip. Thc prisoner Stephen Shelvy and his svite came into the room for the purpose of going to bed. As soon as Steven saw the liat whici had been made into a lantcrn, he asked what it was. Clover replied that it nas a dark lantern. Stephen said, " N'hat arc you going to do with it ?" Clover answered, " Vour brother and I are going soniewhere to-night, anti we shall stand a chance of getting a little money I think." Stepben then said, *- lWhere are vou going ;" Clover answered, " We are going to asi olid woman's, and I think we shall stand a chance of getting a little money." Stephen and his wife then went to bed. A short tihns aftcrwards witness andi Clever having provided themselves with a tinder-box and candle, they went out. As they were going, Stephepl said, " Are you oft' now--" l'itness said " Yes." Tlley quitted the house, takhitg two sticks with them from a hedge. Having arrived oti the farm of a gentleman nanmed Wyburne, they took the coulter from a plough wrhich they found and a large stiek called a road-bat. They then went to thce house of the deceased. l?'itaess. until this tnme, did not know whither lie was going. They forced the outer door witlh the iron conlter, anti after breaking an inner door, they at last got to the foot of the stalrs leading to the beld-room of tbie deceased. Yreviously to entering the house, witness had strmck a light, and, cutting the candUe in two, lighted both pieces. When they got to the stair-foot, Clever had the road-bat In his hand. Tlhere was a door at the foot of the stairs slightly fastened. Whilst Clover si as ttvittg to open it, the deceased called out, " Holloa ! who's tiers ? Wthat do vou wyant 'r" Clover then burst open the door, and ran up stairs, leaving wvitness below. He heard Clover strike the deceased twice with the road-bat. Wi'itness told Clovcr, as he was running up, not to hurt the wonian. *W'itness ran ul stairs as quick as le could. WNVhen he got up, Clover's candle was out; and at that in- stant be was in the act of striking the deceased a third blow. The deceased did not speak a word. They then proceeded to rifle a chest in tite room, where they found three country 11. notes, ooiie halfpence, sot..e candles. and a Dutclh cheese. Whilst they were taking these articies out, witness heard the deceased inake a noise, as if slie waa snuffling in blood. Clover then took the bat up azatn and stmck her a fburhth desperate blow, which extinguished life. Wi'itness told himn not to hurt her, but he made tno answer. After getting every thing worLh carrying away, they quitteth the liouse, leaving the coulter and the dark lantern behind, and the door uin- fastened. They returncd to Stephen Shelvy's house, where they divided the spoil. Amongst the articles taken was a Prayer-book. Clover went into Stephen's rootn with a basket, containing themin- dies and chleese, &c., andl said to him, " These things ate for you." S;tephen said nothing. He then awoke, and only said he isiust get up and go to Imis w ork. Th a was the substance of tIme accomiiplice's dep^osirtoim. Cloverbeilg asked if he had arny questions to put to tc mvitrness, said he had imiany to put; but it was no use. Several witnesses were called to confirm detached collateral cir- cumstances of'the accomplice's evidence. The Prayer-liook which had been found in Clover's possession was positively sworn to by several witnesses as havinc been the property of the deceased. Thie prisoner Clover cross-examined alusost all the witnesses,with some acuteness; but without eliciting any thing in his favour. Being called upon for i;is defence, he said " I t is no use if I say any thing for myself." The prisoner, Stepiten Shelvy, said he would leave his defence to his counsel. Mr. CLARKSON submittetI to the Court, that there was no evi- dence to go to the jury, showving that he was privy to the felonious act conmmitte'd by thIe ether prisoner. ,Vlr. Justice BEST thought there was evidence for thejury. Itis Lordship theii proceeded to sum up the evidence. The jury deli- berated a few ininutes, and found both prisoners Guilty. The learned Judge then passed sentence of death, and ordered Clover for execution on Mlonday rext. The other prisoner, lIlis Lordship said, hbeshould recommend to Royal mercy, under all the circumstances of the ease. Both prisoners were young men, the oldest not nimuch mnore than 20; and were both unraoved during the whole trial, from first to last. L k.'N T AVS'S' ZES. MAIDSTONE, FRIDAY, MARdCIH 19.