Chester, Monday, April 19...
The Times, 1824-04-22T00:00:00

Wiluiam Prfce, aged 26, was indicted for having, on the 17th of .llay, in the 3d year of the present King, wiithin the parish ofAud- lem, wilfully and of his malice aforethought, tnade an assault and with a certai pistol charged with gunpowder and a leaden bullet. shich he discha.rge and shot offat and against one Wtm. Worram, giving him one mortal wound on the left side of the face, ol which mortal vwound he instantly died. There was a second count, chariug hlm with being an accessory, and Samuel WorraU a prin. Cipal. The prisoner, on being called upon for his plea, in a firm tone ol voice sid ' I am not guilty.' * 1r. Sergeant CRtoss stated the eircumstanes which be should call witnesses to substantiate. The offence, he said, was committed nearly two years ago; but it was not till lately that the prisoner was apprehended. Samuel W*orrall, who has hitherto contrived tc elude public justice, was indicted with tbe prisoner firstof all as an accessory, and in a second count as a principal. The deceased was an old man ir. humble life; he got his living by drawing coals fromn the Staffordshire collieries to Buerton, for which purpose he kept a cart and horse. It was generally supposed that lie carried his littls property npon his puraon. On the Fnday folowing Holy Thursday, in 1822, he bad occasion to go to the coal-pit. He and his wife lived tqgether; and about half past 12 o'clock, she h1ving gone to bed. he left the house on his journey, a distnce of some eight or ten mjles. It would be seen that the unfortunate man had not proceeded more than two or three miles before he was shot through the bead. and his pockets were Tifled of all the money they contained. Ii would seem that the horse proceeded some distance onward, and ther wtopped to graze on a hedge bank. The body of the deceased was found in the cart, and that he had been murdered and robbed would be proved by positive testimony. It was for the jury to say who waw the murderer; and in order to enable them 8o to do, the learned sergeant would present before them an outline of the evidence which he nad to adduce. The prisoner at the bar waa well acquiainted with Samuel Worrall, who w'd a namesake and relative of the deceased. The prisoner was then a servant out of phce, and neither of them had at the time any visible means of getting a livelihood. On the evening of the night of the murder the prisoner was seen on the road in the line in which the deceased must travese on his way to the pit. At the time the fatal act was committed, a young man named Vernon, happened to be also on the same line of road, ana distinctly heard the report of a gun or pistol, which startled his horse. He passed the cart, and saw whatheconceived to be a living man in it A little further on lie met two men, dressed precisely as the prisoner and *Yorrall would be described to be; oneof them were ahght jacket, and the other a dark one ; Vernoniwent on, because lh lehd no idea that any barm had happened to the deceased. An- otherperson would be called, and he would state, that within ashort distance of the cart he saw a man, which nman he would prove was the prisoner at the bar. On Friday the prisoHer was not heard of; Vp Saturday he was at Madeley, and called at the house of a persoii '5amed Beech, where he had some time before slept, and where he had left some articles of wearing.apTarel. *orrall was with him, and each of them produced a pistol ad laid it down on a chair. Mrs. Beech toid them, that on the day prered the constables had been there to search; and she told them of the c atge of murder al- leged against them; when the prisoner immediately said, " Well, we've not done it." In a few minutes after, they opened the back door, and both of them fled across some fields behinid the house, leavmig behnd them the pistols and a powder flask. They were ne- ver seen more in that part of the country. In the course of time, mnany months afterwards, the prisoner was apprehended at Ashton- fairt th Loncashire; he wa&recognized by the constable, and ehazged with the of ence of murder and biFhway robbery; whea he ob- served in a very careless martner-. Is that all?" Whlen usked about WorralL he said he did not know hirm ; he had never heard of such a person; although it would be shown that he knew him well, and was in his company. These were the several features of the case, and they were moat important as they respected the iden- tity rfthe prisoner: he waS ssen nearthe pLce wherethecrimewasper- petrated, accompaniedy Wlorrall; hewas observed beforethemurder and afterwards in situations whicl tendered limn competent to com- mit tldfcrime; on the day after the murder, he was seen with deadly weanens upon him; and when the circumstance of the search was made known to him, he and Worrall fled, and were no more heard of It was for theprisoner to give an answer to the charge, and offer an explanation if he could. It might probablv seem repre- hensible in the woman not giving early mufonnation'of the pistols being left with her, but the reason sle assigned for time nleRet was, that she was apprehensive suspicion might fall upon her hiisband- and therefore she threw the pistols atid powder-flask into a pool of water. On the prisoner'a apprehen8ion, however, entertaining no longer th- same fears, she disclosed all the circuistancs The pool W8S dnined-the pistols were found; 8nd on examination it WaS found they were not a pair, that one was larger than the other, and that the ball which JwaS extracted from the head 'of the deeased, exacty fited the bore of one of them. After having bad these facts proved It would be for the jury to say whether tbey weee gtizlied nr not of his gtli1t; if, lowever, they entlrtalile4 any *emriots qionlg, andn had only a Su-picien that the prisonei was the ofe~nder, thin they would give him the kenefit of that doubt, ~Attd.acquit hiinj. ~Ann, Worrsl; widow tf the deceased, examined by Mr. Wir.- LrA*s.-Sh6 i d she lived at Buerton ; that her husband kept a cart and horse, md wa in the hiabit of gon tothe coal-pita at M1adeley forecoas; that on the 10th of"May, the enight of Holy Thursday, abe~wert to bed, leaving her husband sittingupinbhis chair till it was time togo etthe pits. She heard him go out of the house, and lock :he door, and he put the key through the winidow into the room where she slept, as was his custom. This was the last time she saw him alive. Sometime'after he was gone, ske heard it -strike onke o'clock. Between seveniand eight o'clock the next morn- ing he was brought home dead. He took money out witli him to paLy for the coal, On her cross-examnination by Mlr. D. F. JoxEs, she said he ge- nerallV carried with him a few shillings to pay for the coal he bought. 11adeley was about 8 miles from their houste. As soon as a person got out of Buerton township he would be in Shropshire. Madeleyr is in Staffordshire. Johin Edwards, examiined by Mfr. Sergeant Cstoss.-T'le saw the deceased in his cart just past c o'clockl in the monrning; the, horse was standing still, and was about five miles from the old man's house. The cart was in Stafibrdsbire when he found hima. lMe was sitting ont a hay-band in the corner of the cart. His face was verY bloody. He took the cart home with the body in it, and when he got to his house, witness observed a deep wound in the cornet of his left eye. On hiicross.examnination, he said he knew old Worrall very well; he was a poor man. John Davies, exaTmined by Mr. WILLrAsrs.-He assisted in re- moving the dead body from the cart. The right handl breeches poc- ket was cut or torn out. He went to Mladeley for coal, and it was generally considered in the neighbourhood that he carried what little property he was worth about his person. Mr. W. Beeston, a surgeon, examined by Mlr. CRtoss.-He ex- amiRed thebhead of'the deceaqeelon the Fridayeveningat7 o'cl3ck. He traced a wound on the left side of the face, and discovered a hail at the back of the head. It appeared to haeverassed through the brain. The effect of subch a wound wouild be immoediate death. Quiestioned by the CHIEF JUrSTXCE.-The wound appeared to be from a discharge from a gun or pistol ; it passed through the left eye, the brain, and the skull. Witness found the ball under the skin on the opposite side. Cross-examined by Mr. JoNrs..-4e did nort ope.a the he-ad; and formed his oplinion as to the death from the situation of thxe ball. Witnerssopassed an instrument quite through the head. Questioed by Judge JERtvis.-I have kept.the ball in my pos- session ever since. Ann Colley, examined by Mr. WILILrAms.-She lives at Mlade. Icy-heath; saw the prisoner on Mionday morning, the 13th of Mlay he came to the door with Samuel Worr211. She saw him on the; Thursdav evening with Samuel Worrall; they were between Buer. ton and bl1adeley. One wore a light jacket, nan the other a dark one. Nothing particular transpiredon her cross-examination. John Vernon, examined by Sergeant Crtoss.-On Holy Thurs- day night, two years ago, he wascging tbr a horse from Woore through InBuerton. He passed througli about three o'clock In te mrni ng. He heard the report of a pistol, and about 10 minutes after he met a cart; it was going from to- wards Worralil's house, and witness was going towards it. The report appeared to come from the way in whichi he was going. At the fore enid of the cart, he observed a man, whio appeared to be lyn sil.i was about two miles sad a half or three miles from Worrll'~s house, ontho Buerton side. Soon after he met two men; it was go dark he could hardly see them ; they were about 1 0 roods behind the cart ; one had a light jacket on, and the other a dark one; they were following the cart. When he first saw them they were walking steadily ; but when he came opposite to them, they began a staggering, and jostling each other, as if they were drunk. Being cross-exarmined..-He said he did not say 'orfore the justice that they both wore dark jackets. d!To questions by Judge JEsRvss.-Theyboth wore dark hats; but dId not observe the mnen further than to notice that one was bigger than the other. He in the light jacket was not so tallasthieother. Josephn Eaton, examnined by Mr. Wrti.tAMS.-Near to Mir. Heatley's house he met a cart ; it was Win. Worrall's. Witness saw him lying oni his lett side, on the h-ay-bag, with his head on the fore board. Hie spoke to him, but he made no answer; and witness went on, as helhadbefore seen him, asif asleep in his cart. Nearlya mile towards Buerton witness met a man, and three quarters of a mnile further on, near Buerton-brook, lie mnet another. This was about three o'clock in the morning, and It was light. The man he last met liad dark whiskers grwnUudrhs chin. Witness saw the prisorer before the Justice ; he wore exactly such whiskers as the man he had mnet ini the lane. He could see none now; he would not swear that it was or was not the prisoner. He was a tight made tnan, and rathier bowed his knees when he walked, more than the other. On bring cross-exansined, he said hoth of thie mien were going to. wards Mladeley. Questioned by the CHIEF' JTuSTICE.-By a tight-made man he meant a man compactly built, about five feet six inches. He wore a velveteen short-waisted jacket, rather light coloured. He had a black hat on. Witness said " Good morninig," hut received no an- swer ; and when he spoke to the man, he tuarned his heed anotlher way. Ha was exanmined before the justice, and as soon as he heard of the death of Worrall, he recollected the dress. Elizabeth Beech, examiined by Mr. CRtoss.--Sbe is the wife of James Beech, and lived at 1Madeley-heath two years ao. She knew the prisoner. She saw him in the week of ioly Thursdiy that year. He and Worrall came to her house on the Mlonday; they slept that and the following night there, and on the Wednesday the wentawy They returned on Saturday morning, about 11 o'clock. Thieldylbefore, Sillitow and another constable had been to search the house. When they came on the Saturday morning, they had abracc of pistols with them. They had oneeach, sand ptt them from their pock&ts on the clhair, together with a powder-flas~k, which Worrall liad. Sheq~ue8tioned them about the murder, and said to Price she hope he had not done it. He 'aid "We have not." She told them thie constables had been there, as they suspected they had killed old Worrall. They did not stay miore than 10 minutes. They did not putll the pistols out of their pockets, till she told them that Sihlitow had been there. They then went over the fields a-back of the house as quick as they coold go. Witness's husband was not at home, anad that night sthe threw the pistols and flask into a pit. She afterwards showed Sillitow the pit. Questioned by the CasEy JUrSTicE.-One pistol was !arger than the other. Price had the larger pistol, and WVorrall the smaller one. Cross-examined-..Sbe does not now live at AMadeley-heath, nor doe"sbae know that the Madeley pople had driven her away. They moe oAsger-bank because the house was more conveniient for working. Her husband was in Stafford gaol towards the latter end of the year, about amonthl. lHewas8not taken up onsuspicion of the mnurder. The murder was well known on the Fridav and Saturday; and on the Saturday Price came to her house in Mlaaeley, which is nine or ten miles fromi where the murder was commiitted. She was very rauch shocked at the murder, and thought it a dreadful businiess; but she did not go and tell the gentlemen thenuabout it, nor any one else She did not even tell her husband; and without any fuirther to do, she went aft-er dark and threw the pistols into the pond. %When the pistols were left,shepetitthem by til ight, for she durst not keep them in the house. She was fearful if the house was searched, anid the pistoIs found, they might think it was her hkusband. She con. cealed them over head in the garden hedge. She did not te llier husband that two men had been there and left pistols; she kept that altogether in her awn breast. IHer husband was gone to bed before she threw them into the pond. WVitness never nsamed the pistols till the mian was committed and from Mlay, 1822, to Decemnber-, 1823, she kept it a profound secret. Mlr. Groom sent for her to ask her if she knew any thing about the matter, and she knew when she was examined before a magistrate she should tell the truth. Re-exsmiaed.-..Wheni the sesions were over, imy husband camne lionme ; she told the justice all she knew of the matter before she was sworn. Herlhusband was not taken as aprisoner before the justice Questioned by the CiErrx JusTicE.-There was a constable camie with a paper, to sumnmon her husband before the justices at Aullemi. Questioned by Judge J1gxvzss.-.Therc was no path over the field; the men crossed from the house. Price had on a light-toloured bar. ragon jacket. It did not come down mo far as his knee. He wore a white hat. Witness was then examined by. the CHIEF JUSTIC-E as to WVor. rail's dress. Price's hat was partly the colour of hiis jacket; he had lodged witi witness afew weeks of the timnelie was out of'place. Richard Sillitow proved the finaling of a pistol in the pool de- scribed by last witness. He t-aced the blood along the road for nearly a quarter of a mile. Where hie supposed the murder had takten place, there was a gQod deal shied. Nothing particular was elicited in witness'a cross.examnination. Thoinas Thursfield, constable of Buerton, searched the pool, andi produced another pistol which had been founid in it by James Beech. arh e bultpouced by the surgeon exactly fitted the pistol, which hdarl barrel. Thje barrel, when found, was foil of mud, and very dirty Cross.xatnined.--Becch found it by scooping out the mud. There were 10 mnen employed to, pump the water out of the pool, which tooktheni two days and anight. Price was in Cheater Castle when the search was made.a Jamies Worrall, son of the de-ceased, examined by Mfr. WIL. LrASrs.-He knew Samuel Worrall. Before his father's death, he had seen him with a pistol and a powder flask, the same as those iiow jyin on the table. Jame Harrop, examiined by MVr. Sergeant CJto8s._Wa3 con. stable of Ashton.under-Line in November last. He ap~rhnc th rioe and told hiim he had a charge against bini ot highway robbery and ismurder, whien Price said, " Is that all ?" WVitnes observed he thouglht it was quite enough. He had a cart with himu att Ashton, an,,d on a tin plate on it was the name of George Cooke. AtNaPtwic witness showed him the plate, anid asked himn what was the reason hie changedhis name ? when hiesaid he had a bastard child in that county, mneaning Buerton. Witness asked hiim did he know William IVorrall, and had he ever beard of the maurder ? Prisoner said he hiad not, and did nGt know Woirzall. Cross-examined.-He did not say be was willing to go with wit.. ness any wherebhepleased. He could notget away, for witness took care to have him in irons. He never said a word about the bastard chiild, nor asked whether witnems had anY charge agrainst him for it. Mlr. Groom), of Audeiem,solicitor, was called, principaUy to prove the situation where the usurtier was committed, being within the The case for the Crown rlosed here, and The CuiEF JUSTICE asked the prisoner what he had to say in his defence ? Prisoner.-Please yvoir honour, my Lord,j'm innocent of the job. The reason I went out ef the county was, because I had a child fa- thered upont me. I was behind-band in pay, and that was the rea- son I went. I understood there was a warrant Out against me. The High Shieriff of the county, P. L. Brooke Esq. was then sworn, and proved tie hand-writing of Mr. H. D. broughton to a warrant issued against the prisoner, dated Mlay, 1822, for arrears of noney due to the overseer of Checkley, on account of a child which he had by Diana Broadliurst. In order to prove the identity ot the prisoner as to the warrant, r. WVeaver was examined, and proved that he had hved in Checkley. He was cross-examined by Mr. Sergeant Cuoss.. -He had seen two men on the road on the night of the murder, and believed that ond of them was the prisoner. They both wore carter's dresses (amock-frocks), and one had a white hat and the other a black one. The other man mnight be Worrall or Anthonv Sutton. No witiieasea were called ta the prisoner's6character: the pistols and ball were handed to the jury, and at a quarter before one 'clock, Judge WA EN began to sum u p the evidence. He requested them to weigh well the coneluding observations of r. ergantCrom in his opening, and if they should hbavejan doubt of the prisoner'saidentity, the would af het him; satsfied of his guilt, then t ey would find a ver. ic ccrmZy is Lordship particularly adveited to the evidence oMrs.8een, nd observed, if they did not Rive impliat credit to it the charge could not be supported; her conduct was certainly- most ext prdiiarY, nn4 hff motve for colco4liz3 t h pistol was inexplicablo. Was her story at all probable? That was i ques- tion solely for the considerition of the jury; and he must observe, there was not a particle of -evidence to conftrm her testimony. The fact of the pistol found in the pool, corresponding with the bullet found in tSe head of the deceased, was tnquestionablv a strong point; and the conduct of the prisoner tn the constablle, and his changing his name, were topics deserving of the deepest considera- tion. There were several contradictions it the evidence as to the dress of the parties, which remained for tbejury to reconcile. They wouhl weigh well all the facts adduced for and against the prisoner, and give that verdict which would best satisfy their consciences. The jury, in le"s than five minutes, returned a verdict of-Not Guilty. The CourE was very crowded, and when the proclamation for dis- charging the prisoner was rmade, there was a tremendous crush in order to get into the Castle-yard to see him when at liberty; he dis. appointed them, however, and returned to the gaol. Mrs. Coutts was in court throughout the trial, and appeared to take great interest in its progress. Samuel Owen. and Williame Pridden were Indicted for having, between the hours of six in the evening and seven in the morning of the night of December 11, been found in certain enclssed grounds be- longing to the Right Hon. Robert EaTI Grosvenor, at Poulton, armed with guns, with intent illegally to take and destrov game. They werealso charged with anassal They pleaded " not guilty." Air. D. F. JONES opened the case ; and AIr. Sergeant CROSS stated the circumstances, which he should adduce in evidence to the jury. The two defendants were charged with a criminal trespass on lands belonging to the noble earl, and this offence, bv a recent-act of Parliament (57th Geo. ILL, ch. 19,y has been made highly criminzl. Indeed, such an act was renderea strictly necessary on account of the frequent occurrebee of such out- rases. Whilst we live in a free country, it was to be hqped we might havea civilized population; and there was no other object in view on the part of the noble prosecutor, than to claim for his own property that protection which the hu-ublest lndividual in the empire enjoyed. It was not without regret that Earl Gros- venor wa,s thus compeUed to seek the interference of a British court and jury; and having said so mucl, he (the learned ser- geant) would proceed shortly to state the facts..In the night of the 11th of December last, the two prisoners, and seven others, agreed to go in a body to take their diversion in the park at Eaton. They were armed with six guns, and with corresponding ammunition, and soon found their wav into the pleasure-grounds belonging to Ehe no. ble Earl's mansion. About midnight, some of the domestics in the house heard the discharge of fire-arms very near to the Hall, and several of them immediately went out, and in a short time came up with nine persons, who immediatelv placed themselves in an attitude of defence and defiance. The servants did what they ought to do- they attacked those midnight marauders, and succeeded in taking somne of them into custody. He (Mlr. Cross) would caU before the Court, some of the parties who were actually engaged with the pri- soners, and who wguld themselves explain the circumstances which occurred; he would also produce some of the servants, who would corroborate them. A quantity of game was found in possession of the prisoners; and having shown the facts, he was rcally at a loss to discover what defence would be set up. The prisoners had not ex- pressed any contrition for their conduct; and nothing in their de. meanour had taken place which could operate with the Court in not making a signal example of them. John Griffith, examined by Mr. JoNEs.-I am one of the watch- men at Eaton-ball. I remember on Thursday the 11th of Dccem. ber last hearing a noi'e in the Park, nearly at twelve o'clock. I was on duty in front of the house, and heard guns firing_ Milr. WILLIAeS._-My Lords, there was an expression in the opening speech of the learned Sergeant, from which I gather that results may take place favourable to the prisoners. Myl,ords, they will not give the Court anv further trouble,but submit to the clharge, and throw themselves on thelenity of the noble Lord. Air. Sergeant CROSS.-I have, certainly, my Lords, intimated in my opening, that the object of the noble Earl was not so muci Pu- nishment as protection. So far, I entirely concur with his Lordsfiip, and as to what may follow, I would not only subn.it, but would even recommend them to the mercy of the Court. Soniething, of course, the Court wvill think due to the cause of public justice. Judge JEnvss.-How long havethe prisoners been in custody ? Mfr. JoNEs.-Since the 12th of Deceamber, my Lord. Judge JERivIs.-Four months? Air. VIs.lr.LAMs.-Yes, my Lord. CHIEF JUSTICE.-After what has been stated, the Court does not feel inclined to treat the men with undue harshness. They will be reqtired to give security, tlemselves in 501. each, and two sure- ties in 251. each, for their good behaviour for twVO years. The prisoners then withdrew their plea of 'Not Guilty," and pleaded " Guilty." In calling up the men to take their recognizances, Judge Warren passed some eulogimuis on the hamane feelings which had influenced Earl Grosvenor. SEYTENCE OF DEATIS ON JOSEPH DALE, FOR THIE MURDER OF MRV WOOD, OF EYA3f. This unfortunate youth was brought up forjudgment on Monday morning. It was not expected that sentence would have been pro. nounced the first tisng, and the Court was by no means so crowded as it would otherwise have been. A great number of females, how- ever, were in the grand jury-box, and the box beyond it, and all eyes were directed towards the dock. In about 'ive minutes the wretched young man was assisted up the steps to the front of the bar, end leaned forwards on it with one of his elbows. He losked extremely pale, and appeared tobe in astate of great bodily debility. He Was very respectably dressed, with his hair turned up in front, and a high shirt coUar. Silence being obtained the CHiEF Jus- TICE (Warren) proceeded to announce the ;awil sentence of the law, to the following purport:- " Joseph Dale,-Yoa were tried here lastassizes, indicted with Joseph Platt, and charged with casting stones at a person of the name of Wood, and inflicting upon him mortal wounds of which he instanty died, on the ]6th of July last. Platt was not in custody, and Taylor, the other associate of your guilt, had put a period to his own existence. You, therefore, was the only person upon whom guilt could be proved, and it was then the duty of the Court to pass upon you the awful sentence of the law; but your counsel, Mir. Jones and Alr. law, took an objection to the proper wording of the indictment,. and the Court thought fit, upon the doubts it entertained on those objections, and espe- cially where the life of an individual was concerned, to resDite the sentenGe, in order to take the opinion of the Judges. te Judges have delivered that opinion, whicb was, that the indictment was right, and that decision has been communicated to you in the usual way. The learned Judge who assisted me upon your trial, but who is now no more, was clearly of opinion that the only con- clusion at which the jurv could arrive was a verdict of guilty ; and the Judge now beside me is anxious I should state, that after hav. lug carefully read over the examinations on the trial, he is perfectlv satisfied that the Jury could find no other verdict. It appeared, by the evidence, that WVood was murdered; that the wall near whichi belay was stained with blood; and that the scenes with which the murlier was committed, and which were brought into Coart, bore marks of blood also. A more barbarous and inhuman transaction was scarcely everknown. You were seen walking with WVood; and after the deed, you were seen running away with the other culprits; you were traced with them on the road, then found with; them at Iacclesfield- pon your person a portion of the ef- fects of the deceased were found, (for it is clear a robberv as well as murder was committed); and it was proved eou were going from shop to shop purchasing articles of wearing apparel. You prevaricated; you told stories, in accounting for your share of the, transaction; and these, with other facts con- nectedwith the case, leave no doubt whatever of your guilt. Ithink, therefore, with the other Judge beside me, that it wrould be unfair aed unjust not to, let the law have its course. Young as vou are, unhappily you have associated yourself with the most abandoned clharacters, and ruin has becn the consequence. The length ef time you have had since you, was found guilty has furnished you with an opportunity of looling seriously into the course of your past life, and repenting of your crimes. Every spiritual instruction has been affbrded you; and I earnestly recommend vou to pass the few hotrs thlat yet remain to you in this world in prayer and humble supplica- tion to Heaven.--The sentence of the Court is, that you be taken from hence to the place of execution on Wednesday next, and be banged tiU you are dead, and that your body be dissected. And may the Lord have mercy on your soul. Although great interest had been exdted in Chester, and every endeavour used to save the life of the criminal, our reporter informs us it was the subject of general remark, that the sentence called forth none of those sympathetic manifestationswhich might bave been ex- pected. For sorme time after bis removal from the bar, Dale was greatly depressed in spirits; but in the courseof the day he improv. ed in appearance wonderfully, and was much better than he had been for several days past. CHESTER. MONDAY. Ar lYT- Q bfTTRDrv-