Summer Assizes.
The Times, 1824-09-07T00:00:00

LUIM1NxAI. bIDE.-beforr MJr. .Justice BAYLEY. Jarfse, L ltargher, saed 45, and MgtW 0' MVelU, aged 34, were put tn the bar on an indictment charging them with itaving assaulted Mlr. Thomas Tinlay on the highway, and with having taken from his pemoon a gold watch, a purse, two sovereigns, and various other ar.mcs, hi,, property. .Mr. CtLARrE conducted the case for the prosecution. After searing the circu votaices of the rubbery coimmitted by the prisoner, hr caJed the following rwnemscs to corroborate his statement. homas Tinlav.-[ live at W'alton-on-the-hill, a village about I miles fromn Li erpool. On the nigJtt of Friday, the 4th of June last- I was returnring lhume Irom Liverpool, about a quarter past II o'eiock I ras riding at a prettv quick pace, vwhen I saw two men Inaking slowly towards me: one of them was in the centre of the tra-a_the other was on the footpath. I called outi to the man in the centre of the road to get out of my way. He must have heardl me, hut he said nothing. When I got up to the place wvihere they were, that rnan attemnted to seize my btidle, and his companion ran to my horse's head. I endeavoured to prevent his seizing my bridle by v-ir:ing at him twice; I struck also at the other man-but I cannot tar whether I hit him or not. M y horse stopped short and turned round. AL.nost the next minute I found myself on the ground, with tne biteer man (;allagher) upon me. How I camne off niy horse, I cannot say. That nman knelt upon me, gjasped me tight bv the nek-cloth. and dashed my head with violence against the groun.d. I resisted him as well as I couldl with Tmy right hand. iMly left hand .as eigraged in holding hlim all the time. During the struggle I had w ith 0allagher, the other mran kicked me with great force on the head end th e face. Finding that they were too muich for me, I called out for nmercy. They beat me notwithstandiag, particularly O'Neill. I bld verv much, and thinking myself in great danger, I called out murder., Gallagher thcn grasped ty throat very ti itly to pre- vent mc !rom repeating the cry. At that time I had hld of hint bv the waistcoat, but was not making any resistance. They then procecded to riflc my pockets. They tore my tbb open, and then to e or cut away my pockets, watch, fob, and all. Aly watch was a gold watch: there was a gold key and a ring attached to it by a blue rihbad. I had also a purse in my pocket, a set of ivory tablets, a prerk-nife. a silve.r pencil-case, and a small comb. All these articles ft..ev took. There wcre in my purse two or thrce sovereigns and a few shillings in silver. After they had taken these articles from me, .ne of them raid to the ot0ler " Now come away, (lo." Those were the Oal ' words they spoke, whilst they were thLus as.vaulung mc. The nizht was very fine-the most ha(l not gone down; it wras still up, thotigh under a very thin c.oud. During the scuffle, I tore the bigger man's coat once or perleaustwice,on therightbreast. When theymadeofffromme, 1 had in my hand a picce of that man's waistcoat. I had sufficient iime and opprtnity to distinguih the men who Tobbed me. I am Fure that the prisoners at the bar are the two men. I have not the Qli,-hrest doubt about it. The robbery took place on Friday, and I saw thrse men again on the next luesday. Gallagher, the bigger roan, was at that time dressed differently from what heis at present. He then wore a blue coat, a light waistcoat, short breeches, and a lizhtcoloured pair of stockings. I should be able to recognize my .rperty again. Crossexamined by MIr. BRAXTDRETHt.-I had no fear of being r-obhed, until r sa;w the two men in the middle of thle road. I used to gn ar-nted in the winter; but I lad no arms with nmc that night. The prisoners could not have thought that I was riding at them, as ] called to them as louId as I could to get ouit of my way. I was s>tLured by the fall I got from my horse. I recovered, however, al. rnwa immedt0ely. and began to struggle violently with the man. I o,ce rot the knecs of the bigger man off me; but I received so * kicks from his compauion, that I ceased to struggle. I am a rra scrng man for my size. I cannot say whether the piece of tht =twstcoat whi6h I tore off has since been cocrmpared with the rititcoat found upon fiaUagher. I was not tipsy on the evening it qnttiicn, though I h2d bten dining with a party of friends in Liver- poL , had not drank more than a pint of wite. I wzs ill at the timr. a-d in conrsquence, before I joined the party, I stipulated t -a-, t hitmld not be compelled to drink. I gave information of the r 'bhtev- next moTnmg, and offered a reward of 501. to any person w-ho ;niild apprchend them. I described the men thc next day to M-. Sntahai. who is a neighbour of mine. '-nos-examined by the prisoner O'Neill.-_I had a good opportua rizy of noticing you. You preselated to my eyes at that tinme pretty r,'r the same ppcesrance that you do at present. Bi3 Mr. Justice BAYLEY.-The faces of the prisoners were not - bi laricned or disguised. )Vhen I saw themn in custody on the Teesdae followIng the robbery, Gallagher's waistcoat did not cor- t itth the piece had torn off on the Friday. He h s ae waistcoat on. J recollected that I had torn Gal. rcost oce or twice o t'he right breatt. I mcntioned that cir- c:ns,ance On the Tuesday. and some person, after examining the c, remnarke d that it bad been torn there, and had afterwards been ~raed. r had leeches a p plied to me twice in consequence of the 5t.e whic I sustained that evening. I was not bled, becasase I od foetsauiient blood wititout it in the strutggle. I wastconfined to ti0 ho.us,e for a week.k A medical man attended me during that timne at 1 wasr newer considered in danger. The marks of the wounds i 'rrvcd nine vnsible fo r a month afterwards. 3r5s . SLatham.-I am Towln Cerk ot Liverpool. I recollect tla d.,v when Gallagher was brought up in custody before the ma. Pe!r. I was present on that occasion. fie was dressed in a lUeg coat. I eatrnined it particularly about the righi breaat. I saw t4t it W2s torn in two plAces, and that it had been recently sewed up my Tcnamlsly with silk or thread. The wsaitcoat which Gallagher Skes wore was not of the same pattern with the piece which the pro- tror had in l hand when the robbers left him. I advised that a re-wrd *omid not be offered for their apprehension at once, as I ^'ht that schb a step would do harmn in a particular wav. I think tba the urffer of sa reward often operates as a caution to offenders to >t oat of the tray. 51r. (xatgi now called fosr the prodiuction of the clothes which Gai73uer woare at the timne of his apprehension. There could be no dtcuiry tn producing themn, as they were attthit tnomeit in the 'lr. Juzdre IAYLEY ob1csved, that the learned counsel could not-insst on the production of those ciothes, inasmuch as the be- longed to the prisoner, whom they could not ask to produce evidence against his se f. If they were not produced, he should observe upon their non-production when it was his duty to address the jury. ilr. BIAND RETH contended, that before his Lordship made sucb observations, it must be proved that the clothes were in existence. Mlr. Justice BAYLEY confessed that it must; but it was already in evidence that Gallagher had the coat on at the Town-hall in Liverpool, and it was for himn to show what had become of it since. J. Ainswvortlh.-I am a constable at Liverpool. I took the two prisoncrs into custody at their respective lodgingis a few days after the commission of the robbery; each of them was in bedl at the time of ttheir apprehenadon. I found this small pocketsconb in the pos- session o the prisoner O'Neill. Unaer the pillow of Gallagher's bed, I found a gold watch. It was going at the time. I was told by Gallagher that he hadl purchased It of a traveller about eight weeks before. He said that he had ziven ten guineas for it. O'Neill said he got the comb whichl I tbund on him from some girl. I gave up all the property to Air. Millar. Cross-examined.-I found the prisoners on this charge without much difficulty. I hadbeen looking outfor them before, It wasnotun- til after I had apprehended them that I heard of the reward of 501. offered fbr their apprehension. The etolen property found upon the prisoners was then brought into Court by Mlr. Alill- to whom the former constable had deli- vered it, and was itlentifiel as his property by the prosecutor; and with this evidence the case for the prosecution closed. Mr. Justice BAYLEY having called on the prisoners for their de- fence, Gallagher first addressed the Juiry. fie stated that he had just returned to this country fromn a visit which he had been paying to his frientls in Ireland. On the Sunday after his arrival, as he was sittin t on some rtails in one of the streets in Liverpool, a man with a scratclled face carmc up to him, and askeds him w*hether he would have any objection to buy a bargain. On his saying that he would not, the mnan took him aside, showvd him a gold watch, and told hin that he wanted to sell it in order to get some money to pay for his passage over to Dablin. Observing that there was neither chain nor key nor seal to the watch, he asked the stranger what had be. come of them. The stranger replied, that being in want of money he had sold theeal at Manchester. After some time spent in hag- gling about the price of the wratch, the prisoner said that he bought it for ten guineas. He had at that time plenty of money about bin ; indeed, when he was apprchefided, the officers had found 14 sovereigns upon him. He told the officers who appre- hended him that he had had the watch about eight weeks, because he was afraid that they would take it from him before he could tind the man who had sold it to him. He infirmed the officers that he could find that man out if he was at liberty, but they hadi refused to give him any opportunity of searching for him. O'Neill asserted his innocence, and denied( all participation in the robbery. Francis Carr, a master cooper in Liverpool, wvho had known Gal- lagher for the last five years, yave him a goods character, and said that he was a2s regular in iis conduct as the generality of young men. Nobody appeared to speak to the character of O'Neill. The Jury tound both prisoners Guilty. Neither Gallaglier nor O'Neill betraved the elightest emotion upon hearing the verdict given against themnby the jury. They are both stout able-bodied men. Gallagher's appearance is very respec- table, but that of O'Neill is not at all prepossessing. As four other indictments hid been found against theprisoners for highway robbery, Mr. CL.ARICE thought it necessary to acquaint his bordshlp with that fact, and to ask him whetlher, under the exist- ing circumstances, it was necessary for him to preceed witlh themn. One of the ofFcnces charged against the prisoners was marked by features ofcreat atrocity and violence. Mlr. Justice BAYLIEY.-Can the property takell in that case be clearly identified ? Mlr. Cr.ARKX.-.Yes, mv Lord. M hr. Justice BAYLEY.-Then i think it may be as well, IUr. Clarke, that you should proceed witlh that charge. The priSoners were iheui put to the bar, charged with having as. saulted John Banaster Falkner, on the 3.1 of June, on the highway, at West Derby, and robbed hirp of one watch, one gold chain, two gold seale, one purse, four sovcreigns, and two shillings, his property. John Banaster Falkner, examined by MIr. CLARRE.-I live at Springfieldh; it is two miles from Liverpool. I was returing home from Liverpool on the evening of the 3d of June last, when I was met on the road by ttvo men. The prisoner O'Neill was one of them. Ele struck me a heavy blow on ilie face which knocked me down. Iec then place(d his hands on my moutdi, and so prevented ine from calling out. I attempted to crv murder. He then placed one of his knees on the stide of my head to keels me down. Hisother knee he pressed upon mny breast and the edge of my throat, so as almost to suffocate me. The other man got between my legs, tore open my waistcoat, and took out my silver watch and my other pro- perty mentioned in the indictment. Thev then left me, and ran off in the direction of Lverpool. I followed them a short way along the road. One of thern turned round to strike at me; upon which I took to my heels, antI fled. I am quite sure that O'Neill i8 the person who struck me down; I cannot speak so decisively to Gal- lagher, as I had not an opportunity of seeing his face. 'The figure of the other nman was like that of Gallagher. The constable Ainsworth, who had been examined on the other indictment, stated that lie found upon O'Ncill whlen he took hin into custody, a silver vwatch, a gold chain, and two seals, all which O'Neill said that he hadl recently found in the street. On appre- hending Gallagher, he found a red silk purse in his pocket. All these articles wbre then prodticed and identified by the prosecutor. Gallagher here made seine observations, for the purpose of show- ing that the prosecutor was mistaken in saying that the purse pro. duced was his purse. That purse was not a silk purse, as his Lord- ship would find on inspecting it more c'osely. Mr. Justice BAYIEY was just commencing his address to the jury, when a juror was so much overcome by the heat of the wea- ther, increased as it was by the crowded state of the court as to fall lown in a fit. The consternation which was excited in ie breasts of his brother jurors by this unfortunate accident, was so great, as to paralyze for a moment all the faculties of tlheir minds. More I than a minute elapsed before any of themn proceeded to offrr him asistance. }fe was quiite black in the face, an mappeared as if he ras almost suffocated. At length some gentleman removed his cravat, opened his shirt collar. and gently raised his head. Mr. Juistice BIAYLEY asked whietlher there, was any surgeon in court. A AMr. Barlow of Blackburn itnnidlately stepped forward, as did also younge practitioners in physic. They stepped into the jury box, took off the juror's coat, bared his arm and peined a Vein in it. The blood issued forth in a copious stream, and soon covered the bottam of the jury box. Some water was then brought to this unfortunate gentleman, and in a sbort time lie was so far recovered as to be able to sit up. He was shortly afterwards removed into the open air by desire of the muedical gentlemen whlo had let him blood. Mr. Justice BAYLEY, who had exhibitet great anxiety during these tranasctmens, now asked who the surgeon was that hasl bled the juryman. He wanted, as matter of form, to examine him, as the present jury must be discharged. The surgeOn then stated that hi name was Barlow, and that he lived at Blackbur. Dl 1. Justice BAYLE Y.-I nmust ask you one question upon oath, Air. Barlow. The Crier of the Court then swore AMr. Barlow. dIr. Justice BAYSLEY.-Do you think that the juryman wlhom you have Just attended will be so far recovered in a short tinme, as to be able to resume his s-tuation upon a serious inqluiry ? Mr. Barlow replied in the negative. Dlr. Justice BAY ctY then ordered ithe jury to be dischargetd, and .hlie Ty to be summonedl. He then intiniated that he would try t tment again upon Monday morning. The jury were then discharged. Joscph Kaye was pat'upon his trial, charged with having killed and slain his infant child, Artlhur Kavy, at Over Darwen. It appeared that the prisoner and his wife, on the day mentioned in the ihdictotent, had quarrelled witl each other. The prisoncr lifted up his foot in such a manner, as itsduced his wife. svlio was sitting by the fire with a child in her arms, to think that he was going to kick her. In her anxiety to avoid the blow, she got up hastily, and fell over a chair. Her child fell with her; and :n con- sequence of that fall met its death. 'Vhis being all the evidence tendered on the part of the prosecu- tion, the Jury, by the direction of the leamed Judge, acqitittcd the prisoner. Mlr. .JUStiCC BAYLEY addressed the prisoner before he left the bar, and cautioned him to mind bow he gaxe way to the violenee of his passions in the future. The poor man, who had trembled in every limb, from excess of agitation, during the whole time that he was placed at tise bar, replied-" Indeed, my liord, I will take care not to behave so intemperately again; and I trust that my misfortun e will be a warning not only to myself, but to all who hear me, to avoid giving way to the extravagance of their passions." SUJLIfMER A; SIZES. LANCASTER. S.AT USRAT. SEPT. 4. 1824.