Lent Assizes.
The Times, 1824-04-16T00:00:00

sJrf.,Jaones, agedi U4, was indicted for sacrilegionsly stealing books, &c., in the parochial church of All Saints, in Marple* and. by the statute of Edward VI., the b-nefit of clergy was withheld. The circumstances were these:-A person named Hall had the care of the chapel, and kept the key. On Sunday, the 9th of November, she locked the door, and did not return to the chapel till the IVed- nesdayfollowing, when she found the interiorinereatconfusion, and many books stolen, together with the pulpit rushion, &c. On the Ilth, it would appear, the prisoner wvent to a book-stall in Mac- clesfield, kept by one Hulse, antl sold him a morocco prayer-book ; he also sold another at Leek, and there (suspicion arising from the quantity of books which he had) he was apprehended. The prisoner read a Iag defence; the purport of which was, that he had not means of em1ploying coumsel ; tha: he had resided some time in Manchester; and at a public-hortse there at the bottom of Cannon-street, a man asked him whether he would purchase a par- cel of books, and offered them for 38A. The prisoner said it was too much, and paid him 33s., and took them away. The man he bougalt them of said his name was John Green, and that he lived in Deansgate. Next morning prisoner went to M1acclesfield, and of- fered Hulse's wife a 1%ible for lts. She directed him to the stall. fie went tothe stall, and asked Hulse 3q. Gd. for it; Hulse oftered 2q. f;d., saying he might keep it for 12 months, and then not get 3s. for it. Hulse went home for the mnoney to pay the Prisoner, and afterwards lie bought the two volumes of the Bible. Prisoner went on to Leek, and had there sold a Bible, ix the evening Hulse came into a roo:n where the prisoner was sitting, and after some conver- sation he called the prisoner out, and gave him into custody. Pri- soner described flulse's testimonv as a tissue of wilful, delibe- rate, and confirmed falsehood-lie had prevaricated several times, so much so that he was threatened to be put in gtaol by Air. Eccles, if he (lid not give better testimony. He ingeniously remarked on some interrogatories put to him by Mfr. Eccles, and observed, had lie k:own that Mr. Eccles was to be a prosecutor, he woultd not have answered him. Ile added, that he had been at Marple to be identified, but it was not likely he could be, as he had never been there in his life, He had been frequently catechized, but with little effect. The situation he was ini, was owing to his not bringingJohn Green forward. The charge was altogether of a wild and romantic nature, and to commit such an act he mrust be possess- ed of more than human power. In conclusion, he solemnly said he was as innocent sis any individual present in that honourable Court; but if he .vas wrong in purchasing the books, lie had done so igno- rantly, and he threw himself on the mercy of the Court. 'TheJury found the prisoner c.uilty.Judgmentof Deali recorded. Jovh Jo,ie:, alias Willism Davies, aged 28, was indicted for a burglary in the dwelling house of ilMr. John Fletcher, in the night of the 6tl of December last, and stealing therein a fowling-piece, a mineralogical blow-pipe, &c. Illr. HILL stated the cas. to the jury. Mlrr. Fletcher, the ju7' would knoiv, resided in Nortkgate-strect; in the night of the OtI of December last, his premises were broken open-a laboratory, and several curious articles stolen therefrom. The room adjoinecl the house, ancl was locked up at 10 o'clock, and early the next morn- ing the servant discovered that the room.door was open. Thie jury would be aware, that in order to make out the offence of burglary, the act must have taken place in the night time; but if they should not bind it a burglary, it was nevertheless a capital offence to steal property frown a dtclling-lhouse exceeding 40s. in value. The room n question is within the common fence or curtilage, and the outer door opens into a garden. The learnedl counsel then statedl the evi- dlence which would be atlduced against the prisoner, particularly the discovery of a stick, which would be proved to be the property of a man named ffall,with whom the prisoner had lodged atRuncorn,and his exprcssions when the robbery wasmentionedto him. Underaill the circumstances,it would be for the jury to say whether the prison- er wasguiltv or inot guilty. Ir. Fletcer, examinea bv Mr. ATA LY.-I live in Chester, in thep.uish. of St. Oswvald. I have a room adijoining the house; I not under the sarne roof, but adjoining the house wall. It is entered by a door from the garden. It is walled entirely round, except one small part which is a strong hedge. Part of the boundalry is a barn. On the night of the 6th of December I believe I locked the door myself. It is a spring lock. It was fastened about 9 or 10 o'clock. rle next morniig the servant calle( me about seven o'clnck, and told mc the room had been broken open. I went into the room; it was in cornplete confusion. It could not be opened but by a key. It appeared there had been great violence used ; several impressions of a chisel or a crow-bar were on it. I missed a fowling-piece, a ' mineralogisal blow-pipe, and several other articles. I did not thlen miss the gloves; not till the man came back from Runcom. They were a singular sort of gloves, of tanned leather Ihied witl; flanne. On thte morning after the robbery, I went into the barn, and found a stick there; it is here now. It was not there the day before. It appe(red the person had got into the premises by forcing the outer door, a strong oaken one, wvith a hammer or crow-bar. The other door they had l.fted off the hinges. The value of the fowling-piece was probably about 41.; I gave 4 guineas for the blow-pipe. I could distinguish the features-of a persoa when I was called up. ,Mlargaret E:vans, exsamined by Mtr. HlLn..-I live with illr. Fletcher. I got uls on the 7th ot- Decemher, about 10 mintites past ta It was then dark. I went into the kitchen. -The plice broken open is 5-or o yards fro,n the kitchen, alone a small hall. I did, not immediately see tl4e roopia; it was An hour or an hour and a half after: about half-past 7. 1 should have heard the least noise therc if any body had been in the rooni. I was the first who observed&the- room door was open. Ithwas light. A large drawer was laid on the door step of the office. I afterwards alarmed Alr. Fletcher.. The drawer wis fiull of article. I-first-fouhd the stick aside of the liartn door: that is the stickW(0linting:to it); I kiiowr, t ell: . i IBy te'CoUkT.-iemainedairthe-kItsthtnho,put a quttarter-of an jp ;hI e arlouri-s aT bO6Ve fe 121tclieh. Tshonsd h fsettdm iny one its the-oom f .they had been there then. Ihavi seenappair of gloves tbere, but not to tAke particular notice of them. John Hall, examninedbyMr MA1 xEry.XT-IliveatRuncorn. The prisoner lodged with me in the beginning of December. About tbree days before tbe 6th. he w as a ay from me, and he returned about fhe 8th. On .the 8th he. ca.me back in the evening, and told me he shad been at (he-ter. He said there were bad people in Chester, and they had broken open MIr. Fletcher's shop. I had a stiek then: th1i.i looking at it) is it. The prisoner has twsice before used the :tick, He was out of work when he zwas away. I had, when he was apprehended, some conversation with him about a crow-bar. 1 said there had been ojie found, and a chisel, and I had lost a crow- bar and a chisel. The bar used to be under the prisoner's bed. I went to the prisoner, and -aid, " Wiliam, h1ave Eou seen a crow- bar or a chisel ? I have missed the chisel for three months5 and the Crow-bar was under your bed." He said he had not and added, "Are you going to be myenemy ?" I said, "N 2o; but my master says a crowbar and chisel have been found at I'Ur. Fletcher's, at Chester, and if they are my property I will swear to them." Hie said,-" WVell, then l'm dene; but you can'thing me; you can only transnort me, and I don't care a d-n for that." The crow-bar and chisel found at Mf r. Fletcher's were not mine. Prisoner.-I broubht the stick into Hall's house. Ha1I._-No,no, l'rilliam. yout did'nr. Prisoner.-Yot'll swearany thing. You're noughtv-you was discharged from heing clerk at the chapel for wanting to take ano- ther man's wife to Liverpool. You're noughty, WllUiam-you're noaghtv. .fohri Emery, examined by Milr. 1lur.r.-Theurisoner was employ- e(d by uselastyear in brick-making. Hearing something about a rliir of eloves, I sent for Richard Feathers. The prisoner was pre- s.ent. Feathers's boy brought apair of gloves to me. Prisoner said hie had sold theni t Feathers, and that he had found therm near Frodsham.mill. They were tanned leather gloves like&thiese (look- inc at cl-pair shown by Air. Fletcher), lined' with hannel. He had sold them to Featberi for sixpence. It was on the Monday morning. when the boy brotught th i, that he said he had found them. After he was in custody. he said ic bought them for 8d., fromn a man with a basket, near to I3elsby. I George Dawson, eramined by Iair. Al.Swi.xy.-I am a clerk to Slir. Fletcher. I had a conversation with the prisoner about a pair of gloves. whicth I (lescribed that Mr. Fletcher had lost from his pre- mises. I challenged him with selling a pair at. Rutncorn. He said lhe had sold them to a man named Richard Feathers, and that he bought then1 from a pedler betwveen Helsby and Frodsham-bridge. I remarked it had n suaspicious appearance selling a pair of gloves fbr, fid. whithli hc gave 8d. foe. Ile said, "' I wish I had gone a thousand miles off." at the time I was challenging hbin abott the gloves. I did not threaten him. I took the stick to John. flal-'s house, the (lay the prisoner was apprehendedl. This was about three weeks after ite Tobbery. The prisoner asked some immaterial questions from tile last wit.; n ess. Feathers waIs called, an'd deim'sed as to the psrchase of thte gloves from the prisoner: ana weht out of the box, saying to the prisoner, "A, I said thou'rt a szood-looking chap." T'he pdsoner in his defence said-I had been at Alvanley g tting potatoes, for a t'ortnight and a day. 1 measured the ground upon the Mlotiday, and then I came home. It wasgetting f.r on, and I slept at TrasTord in nbin (hay bay),asIeould not go to Runcorn. I stopped that day at Ir. Amery's, and people gave me such a chiaracter, that I was ashlamed to be seen. I came housle to Upton atn Tuesday night, and stopped there on Wednesday and Thursdav. They found a gUn on the hay-mow at Mr. Amery's, which was taken to Mr. Robers, of Mfollington, and he owvned it. Next morning I went to Runcorn, and I met a nlan who offeTed to sell me a watch, and he asked me wvould T bu-v a pair of gloves ? I asked what he wanted for then ? He said 17d. I said I had no stich monev; but I swotild give Bi., which waes all the brass (money) [ hadl. On Friday I came to Run- corn, and Saturdav, Monday, and Tuesday, I wvas orit of work * on 'Wednesday I went to work, ande!toppeel there seven days and a half: I lost lhalf-a day becatise it rained. I then got a job fronh the New consimatv, to go to Mancthester, and I drove for them ten weeks. Thiats all I have to say. I have no witnesses; I never sent fur nobody. The case ended here,anul the RsECOsRDaER proceeded to take the evi- dence, previously layirg down the law as applicable to burglaries. Although there wasno internal communication with the room broken into, it w as nevertheless so situated as to form part of the premises. The offence was, according to. the evidence of the female witness, undoubtedly comnmitted in the dark, which was essential to establish the crimie. Ie commented on the expressions used by the prisoner to Hall and Dawson, and said that every allowance shouldl be made when the peculiarsituation in which he stood was considered. If they should acquit on the charge of burglary. the indictment was so drawn up, that if tltev came to a conclusion that the property stolen amounted in value to 40s., still, in the event of conviction, the of- fence woild be capital. If all the circutusances collected together brought home the charge-thc stick-the absence of the prisoner in Chester on tlse day the robbery was committedi-then they wvould find him guilty; but if thev were of opinion that lie did not break open thc premises, and that he got possession of the property inno- cently, then they would retum a verdict of not guilty. If they were mere~ly of opinion that he had property unlawfully in his possession, then they would find himn guilty of the simple larceny. The jury in about ten minutes rcturneda verdict of huilty. RECORDER._-Let sentence of death be recorded against him. (To the prisoner.)-_ shail recommend you to mnercy, but it will be on the condition of your being sent out of the countrv foryour life. TRIAI, FOR AlURDER- Just before the rising of the Court, the grand jury returned a true bill against Jamc.e Priee and Samuel IYsorrall, for the wilful murder of Wm. Worrall, by shooting him near Aadleta; the former Asa principal, the latter as an accessory. The day for the trial is not yet flxed. There are nearly 30 witnesses. Samuel Worrall has escaped. Jolzei Grettaor, for robbing a flat, and against whoni there were seven other indictments, veas found Guilty, and sentenced to trans. tuortation for seven vears. LEBT ASSIZES. CHESTER, TUESDAY. ApRir, 13.