Summer Assizes.
The Times, 1824-09-01T00:00:00

err u Ue causes% cerog tried, DOMt Judges sat to-day icr tne trIal 01 Br fore XMr. Justice LITTLIEnAL. Thosuas Gardnesr waPs capitally indicte-d for assaulti nglVilliam, Hodges, on the 12thi of July. -pultting- hirn in fear, and tak-ing four hllahicrowns, 115 shillings, and 10 siixpenceei front htis lierson, and agrainst hiix will. Tit'er was. todwr an inditvuient against,t him tbr-rgitrLY himi in similar terims witlh robbing thle prosecutor of' a coatt on. the following dlay'. Mlr. Twtss hiaving elected to proceed first on tire indictmeOnt, wlicht charged thie first offence in point of rinie, olpenied the case t;)r the pro- secution. I t was necessaryv to app)rise the jury, that the toree and violence! imputed, waLs not jarvialys fthr(e and vi'olence, but terror di- rected against, and olperating upon thte minzd. rThe prisoner ob- tainedi tile mxoney fro-it the prosecutor by a thireat, which thle law Of England considered nIO lessi at meants of robbery tiltan a sword or a pistol. It' titunder tle atirtir whiich that. threat was ertlulated to eritOitS, tire prosoecutor parted with Iris illoO(y. evert thiougir tile oltarge were trtie, tlre prisoner would be gtrilt' bu-t it was right to state titat Elte prorsecutror most soleinnly dteclared tire imputation groundles Willrrt Hoges tie poseuto, aoridle-aged triart, who scorn- ed onsdeabl ditrsse atirs strttj)1t. weas thlen examined by Strouti, tin as ws. Irsie in tire parrsh of1 wirereI erolos'edcolletor of, poor-rates, wvhic.t emn- plovaent hav tred fo a yar. tt th 12th of' Jrriy last, I was makig cllecirm. rrtd ent o Witehill. Thjere I sass tire pri.- sorter, wiro) is a weayvr, in tire road, lie -was standrlig near or sitting upon a reall. At that trime l had a book lor rmy hrand, atrdL a number. ot prirtred notices to lerree forr those twho were not at horine, Ile Raw tire hook, and stridi "' f so upose you has% e gt otr.e ot those fojr me.". I replied that I lirad. lie said, with art "'ati thtat lire c-ould n-Ot Pay, t.rIehad trot paid hiis rerrt, andl arhied, ItI yo)U Will g1ilre orle a: 4irihritg, l will go iround arid rh.trtryrtr wierer all those peopie lit'c." I agreed Itt do so, atri lire wetrt rountl teitir Erie to a grest orrinrber or; hrruses,. About seven o'clock itt tire', cvitrirg, we reaireri the Rose irontr at P3agatrlhill, rr mile front Stroudi. lie rtretsi hr! wanmted ref'reshirtent, I saidl I ww,'ecd sortr e toort totiring was saili ainOut-twho wits to pay iirr it, tnt said lie shrrultd exp;ect somie lieer. I gate himr ireer. I tcld M. rs. Ilubson, t ire landlladr., ti,at I tyarried a table to write ott, and she sirowed Lote it.ttr a parlour aditrinitr, tlire rublic tap-roornr, fronti whdich it, (S,s dilvideti by a sm all c'ot I wast going inrto antott,er rZoor, next tire kitcriert but tirc) lantilail, prevented mie, try sia,ing trire was a lady itt tire roomn. whirhi itad 'a dtior into tire kite'iren, artd a wiitrdow looking into the Atreet. Wirer we errtered thre parlour, s table wasbhrcougirt by tire waiter. We both -sat at the table., on Opposite sitdeq, and hial trvo 1reimr'wrrri oi breadi attni ciheese andi two trots of' beet. After finis,hing th'e refreshrmrent, I Put, iry bookt to rigihts, and marukt. riiie mte rreorand&lrirs itt wrtittt.. Wlhile I wrote, tire prrisotrer sat ir ti,L s4rtte !rl.rct. Tire windlow of ttte pir~lrrur looked inito the gariteri ; buto I ohieo' t4 ri to true titere. I a Ellis ),rdiren is art uleos's, wtierre pLOt,le sir to dri rrrh. I cal! ed ior the beer, vrhicir the vairer brought i:r at two several times. I da rrror cc- tneurber seeing Airs. Holsotan. A Elliott named Lewis, wirir whoirtr I lirad lt'ftnotices.camneinto itire roor, Andr stayed for nicrethart art hniur. A roatti uriamed Brolt rirryf, a1 r'tI'aVer, ci srr carriei in ; but tro nite elste. IhsirIes tire ptrrson t'rcare in.' t ire roor was ops:re.t rthi`e or t.,:re erres by a pterson, Or persouir' wiw to . ;ti i~it errier. Hmi wirirn I dird tn:t ctrrrplctely s,ee, ats tire rtror was shooi t 'ik~.A br'r r civ it'clock, a few mi-inutrt atter Browtning ard L,ewis %a,-'r art'.iL I rise to go. I praidl the lad in~ ti pr;triour thr the rwr,rt et.t'hen tire Itrisotter puallA our tirreepierice, anti said, [I'l give th,,ree. rtence for tmnotlter qrrarit" 'iVhien I paid. I roock Putr hii rird. t'rttGt sfrilverr, wricir tire pr6rioer saw. lie had tirer a thirir fluart at our Jtoint exprense. eacti pravmrg th-ee-prence. Wfrer this quart was fitnisited. I rgrinr cot,e to) go, at i he fuo rlloe r;e rr 'it oftire florrse. He gtrumbhled at havimir orrlY Is. for iris iii. s wort;. rind saitd lie miust liave Is. fit. trtre sirc could irate errrrt rnol h -tr- ciwrowat. lionie. I vaid n I awreed ts give :,'rur on1 c Is.'" Hiereptied IL I morst have rrtore-1 ot'tire myrerrt :' and I i!ave li: rrrtnrotr lc Is4. Gdi.. iravi rig givten Ihin rthe Is. hefrire. Witherr I toro itt r hanid itt triy tpocket. I foundI I hart left mvirisik-tiorni bh;iDrd. arid went back agairt tr the ptrrlour. Tite prisoner went with mne. 'I'here were twen ways hick to tire. liouse fronti the suro!, anti tire prristoner saiid IL We' wii in o back tire way tve. carrie. forr titere is a triearer roiast to tire house, ritrough the gactden." ile showed me a earn witote peolple liar!, been beftore, antI f filtowedt hiim. In the gardien I iriw sorice tabour- ingr rin jittkets anti entock-frocks 'tire prisnner tvent aerois, tire ale turd spoke to tlient, anti gaive thenr ionethting- l ont't knotw wht. .-arti returned to nme. I tites weent into tire house, to get my ink-tiorri, anid he followed tire inito the tiartltr. lie tlicer altd, IL I'll liitveatiotherpotofbeer,anti pai'lhrit r.nvsel";- and I thiinkl he fetchetl it. I drtank two glasses, ant!3 theni saul it was 10 o'clock-1 did not want monre beer; anti must go hiome. At this nomore:;t the tlonr was -sirut. I liart not 'sa t rioterin at all, bitt the prisone-r had. I mroved towards tite dioor forom the table. The treisorner juriped rtop, rerit to tire door, anti stood wrtir his batk against it. He said, with a horrid natitr, he worthd hai'e all the monev' rrtt trf niy rockr-r. He said IL I'll be tl-d(, if You dort't give me all tire nrioney in your pocket, I'll gin htone ard tell vour wife vou wantedl to take indeocent libterties witir mne."1 I saitd, " Giardiner. are y-ou mrad, or drunk He replied. " I am neitirer of' it ;'' anti kept iris back agairnst rho door for live miinutes, peertinting in the same language. I w-as realdy to drop down) dead; I th~ought I should have dietl in rthe roorti. Ile iiientionetl than tre owoed his rerrt, anti that. he orust have sorre itionec. Findiing I could not get out at thie doo.r, I iput my liand into) u'y Docket, and gave him all the silver, I had. I dri not rememnber anyv othnr~r particutlar expressions whichiire iused. I can. nor de.4critre mv `feelings, (with great avitationi). I lived vr'yr hap- pnily with mv wife ; she is otis of tire best wives in tite wyorlti. I was like a personr thutsderirtruch- mv joints trembled all ov er, Eit tire idea of being oharged witli sucir a foul and abominable crime. All r. Tw ras, here desired tire witness,i to recollect himself if' ht could not stats mnore part-icular expresrnions than those used. Mlr. JU'STICE, fnr the prisonrer, objected to the question after tiht alisw ers already given. The witness was dlesirer! to wvitlidrawv, and the point was argued by tile couinsel. Mr. JustiCe 1,tTTr.EDAT.E said, the witness ought not to be led to tire subject matter, bitt he miglit be recalled and asked to statr what passecl in the very worrds used. The witness bring recalled and thus admonished, marie use ol more uinequivocal langriage. lHe said the whole transtaction did nor takce niore tbrrn five mninutes. Ilie did trot observe the landladv aI be went our. Cross-ex2mined by AMr.J40STICK.-I do not recollect socinrt Airs. Hiobson after coming itt the seconti time-I did not see her. Sh m brought me no bread and cheese anti beer, rior did I sne:rk to lirto thlat I rciemember. There was a liglht in the roomr for half ao bottr. I am 52 years of age. I lived servanrt eleyen years ivitri the Ajar. qriis of' Stafford, andl tine with Lord Porriert. I hat's iivcd nine years in the parish of Strouid. Fourteen Or fifteen years agrr. I wen to France as servanit to C'aptaini Higgitison. I lrave beert orr tire2 Continent, in It alv anid Germiany. I have been itt Florenice ; but not in Siwitzerland that T knotw of. I was riot, abroad for a yeatr in the wehole, arid always withi the samqe miaster. Tire wistness, trho at first only mentionedi France, was severelt- croiss-examined its to his reasan for not meintionring Italy and Gord. miany, Ilie said the counrtries ijoined ; France was the first place he wsett to ; he dirt riot forget liaviog beeni in Italyr ; nor One miomnent itt fo)rgot it ; ire had no reason for not retar enmberitrg Italy. ''The witness proceedted :-I kept a irublic-house for eiglht years at Stroudi, and hr,tv, lived otto ini a privaIte litruse. I kttew ,tiretown ol _tou ivell, but not the parish. Ott this day, I lirad sixrs' or severity 11trtices to rieliv'er tit sarrril hrouoso whiici I dfirI riot knort. 'I started by myself to deliver tire sumrmonses. I went into a neigiibottr', hrorrse at Withiteshrill to look at my borok, as; tie wind was hilit, and tirert saw tire prisonier. I had trot iritetided to take anyr one witli roe. I litave ascii tire prisoner before, atrd hsve sp'oketi rtr him wiren I cailled for tire rates; I irad no otbiec'ioti to his alctiorn- parnying roe, because I thcugiht hirii a civil mart. Wreni I first went to tire Rose, I saw AIrs. Hobs~on.. bitt did not ask for a private rorrrn ; I will swear it betore tire Ahroiglity GorI. if' I v/err tnt dit! this riiinute. I tinid AIrs. fleibson I wanted a ntzbie to write tr' On, and terra going irrto the parlour where I alwatvs go, close to ttire kitchien, wlien she said, " You can't go into thaLt rcvoon, Ale. Hotttes, there is a ladly sewing ;" intr turen deslred the ttvaiter tir s4irore tioi irnto anotlher farlorur. I trever said true roorii was not pri. vate enoughr-.I cornse hcer to spenik the trutih. I saw rio tiarni in this labourer dirinking withl me in the irarlour. There wets people in the kitchen and in theii tap-room. I lirave not see-n Lewis and Brownrtng here. W1e had got about a hundred y-ards f'romr the public liouse when I trtissied my in)E-bottle, anrlreturned. Nothiingz happened as we vrenrt downi the field. (The witness tiers was asked questions tending to crimiinate himn, buit answered themn decidedly, in tlie as- gtv. H etpneseeded -.-We went to the public house together througii tire girdeLn we entered it together. I dlid not g0i to the ricor, and call Gartdner olut. Whten he threatened me, Ihe spoke fiereely. I dintl trot knock hintioritn. Aly, strengthr was taken from mei toan instant. I wa-s treter taxed so before. I did not call for assistance, nor rrfierwartds setdfri c a con,t-abie. Tire atlutters of the tirindory werestrut Iry tire waiter a-lto brortreht itt tire liglit. I hearti peoilte talt ing togetrer in the riri-roons, but no otie could have hieard trio unless I ha.r miade atn uncoririron nroose. I ditiiriot see or Npeak to Mirr. flobson, or ask about the Itot, glass, andi candle. I did not risk GTardner lo go homie with me, or to come to miy hrouse tire next day. This teas on Monday night ; I went to the mnagistrate on Wtiednes- day mnorning. I was so ill on 'I'trcsday, I could trot teat's mry tiouse. No one advissrl me to apply to a snagistrane. I n,ever hteard of any report againist ore. Irtever cave arty one money to conceal condirCt of mitre. I krrewv Throtrias Griffiflis by Iiis rooming to my hiouse to drink. Mlr. Twiss zsail,Ion the parr of the tirTosecutor, hie did ntrt ttbject to these questions, as lire was most arrxious tirat the fullest oppurttir nity o1' explanation slhould be given. Mlr. JUstice iITT.LET)AtLE staid. that lire did not think thc ques- tion, could be ptitt, as they wvere irrelevant to tire charge stf robbery'. .Air. JUSTirC said lie woulti never par. specultaive qtuestions of' tins kind, but lire had witnesses who coLilt! tdisprove tire answers he expecterl to herrr. Air. .Justice LITTLEDACS: saitd it was quite clear tihat those wsrt- nesses could not be exsrrrined, its tirey could only speak to collateral issues.. Air. Twvrss observent, thrat lire also hadl a number of nmost respect- able witnesses to speak to tire cliaracter of the Irtosecator ; bet it was imipossible for him to cull them. The witness being re-called, stnid-1 did not part With my trioney VOLIrntarly ; I gave it through thear that tire prisoner twould aeccuse me to mny wife. Mirs. Esther Hobson, tire landlady of the Rase, said-I recollect Hlodges consing to my house with Gardner, oittAlond ty evenring, 12th Jutly. He first v7ent into the bar. lie asked me if he could have lheparlour for himself, and a young man who was with him. I don't know that he ieentioned the word "private," ot gave any di- rection that tIre place shmould be private. He has been at my house before. I had a person sewing at my liours, but she wis not there then, but I told him there was. I showed him into the bar; bstt lie asked if ie might havethe back parlour, and went to it. There was a table in tIre room, andI I placed bread and etneese upon it. He was writing in the room, with books and papers, some of wliieli were in his hand, others on the table. People wali.ng in the garden can see into the parlour, wlricr is as common as any roomi in thie house. Cross-examitied.-I first took Hodges to the bar, where customers sonretiles sit. He stayed there about five minutes, and parti- cularly asked to go to tie back parlour, shwich is the most retired room tve have. WVhen he reLurned, e carne o tOhe bar, and asked where the candle, pot, and glass were got)e, which he has:l in the back parlour; and asked Hi' I had seen the nrisoser; I said I had not. There was a table in the bar on whicbl any one miglit have written ; lie did not ask for a table. Re-examined.-He asked for the back partour after I had refused the room where the young womnan was sewing, whiichi looks into tie street, and opens into the kitchen. The last pot of beer was eot paid for; it WaS drank after Hodges took the candle. I don't know how it happened that the parties went away without paying for the last pot of beer: I didl not see either of them after I ca.ried it into the roonh. AIr. lodges asked'for the last pot of beer when he came in for the candle. This was thie beer left unpaid for. Examined for the prisoner.-I knlew but litle of thc prisoner,who lived a mile from me; but I never heard any thing against bim. IMr. Twviss proposed that the prosecutor shottld be re-called to explain if he could, the circumstances which appeared contrneiii tory in his evidence, and that of Mrs. Hobson, especially aboat tia persorn who asked for thelast pot of beer. Al r. Justice LITTLEDALJE "nought that the statement of the witt nes*es must be taken as it was, and that they could not be caed back to mend it. The prisoner being called on for lis defence, gave a statement of the conduct of the prosecutor in the field. Mr. Twviss objected to the prisoner being allowed to make an ac- casation of this kind, 'bhicl he was ,not permitted to prove. Dlr. Jrs'i xcr expressed great astonishment at thisinterrtiption of the defence, which was quite without prec-edent. Mlr. Justice LITT1.EDAkLE said, he had not the least doubt that the prisoner had a right to give his own account of the transaction, in which he was accutied of a capital crime. The prisoner then went en to conmplete his story, and said be re- turned directly to the public-hottse, told what had happened in the rap-room, and asked a man named Nicholls to go for a constable' Nichollsdeclined, but offered to do any thing else. Afterwards I-odges returned to tibe pohlic_house, and prevailed on him togo in- to the parlour, and there offered him a quantity of silver not to be- tray him. [le left thesilver on the table, and when he was gone, the pisorer drank the beer, and took the money. TIue prosecutor being recalled, said, the money he gave the pri' sotier consisted of half-crowns, shiUlin,s, and sixpences. Mr. JUsTICE then called James Nicholls, who said-I live at Pasean Hill, where I work as a mason. At hi3e o'clock on the 12dt of J uly, 1 cattle with several others Lo the Rose, and took bread and clheese, und beer. While I was in the kitchen, the. prisotler came to th!e dol,r alnd bet koned nie to uitoe to himli. I went U0 tO him. Hc asked nrc If I would see hiur righted ?" I told himn accord. i"g to what it was about." He then said sotmething about MIr. H olges, whicil I did not understand; arid asled rc to fetch the tonstable and have him taken up. I declined to do so, but said I would get some one who would in the ki;chen. Just at this time ir, flodges rc ame, and called utt Gardner, Gnrdner, Gardner, where be you ?" Gard er seene(Ji frightened, anti said " Here he is, coru- ing aiter ire again." Tire prisoner and I went along the passage by the back room, anti Hvslgev, who stood by ithe door, said "; Gardneri are y ou not comIing in .' I went in Dwitit Gardner at his request, aytrl lie told Mir. Hodges to give tne a glass of bier. I took it, and then Iledges directed rite vo leave the roots. I acct'rdir:glv left the rOont and went intO itie kitchen: bu: ir about teeL inmutes I passed the r ooti and N(earing titrn cspeak. ltklied tbrough a chink ir* the par- iti,lS l;arge enough to putalingerthmougit. .tIlr.HodKes was standing, tbe prisonter teas si:fiMg tiown. Mir. Hodges askted hinm if be r.eant it) go hotile with hint to-r.ight? G3ardner said he would not; he did not riind going another nniht, if hc knew what point it was upon. s:r. Hotige camne out itnrtediateli', and went down the fields to Strosld. 'hcb prisorcr a-ived rile tn go item- with liimn as very iikely Mir. Hodges would wait t;r lim at Fainthill. I walked wit;t him to flirt i-hill. and theti left ihnn. (;roess-esaitit-d hy iMr. Twiss.-l aitt tie brutiher.in.law of the pri-oner. \W'e married sisters. lie vrisoner gave 'ns beer ihat dight ; he *aid .'r. Hodgees had giver himi .s., and he would spend ir. I was ial e e it hiii whnel he first tl!l me; but heaterwards toldl it betfoe lit or Id rersons in the kitchen. I did notgo, intending i,, .'erpt ; buL I b,rtl otIherm talki:ng.,und lookeid throurg the hole. i et, lIt 'I Glt- y C-!; itie tabic. sect rill 'ilw.cv. iria r th.t -so:ncr a ettod cbaracter for rinoes y 5:.1ir Ut-- .ft'tlt Kit or; atid 'c-r!d !tat theY catte of theirown ..ct) :t. n.:]d 0t r1teir own eCx;ense. His b,rother. who was alst iiiri I-tll let S! I ihe erIy Otted ta!ff a guinea tfr rent at the in.e i, Mir. Jouiice L! i eri.rAtFE ssutnnir'd upj) the case. 'lTie prisonet was indictei t;r robh-ry. to constitute which ofile:ee it Was n t Ire. cesstry that ftrrce sito.:d be uceri, but a thret2 of accusation woulj bh equ:dllv eiiminr.i, if ilcceb-Iuil1v usei to eaten money. To sua- tijin thie charge, it was no: nEs.,slrv tc:;t the t: ara.ter of the pri. onner should be spootlest; beca;se li a tt2:; sboui' oCbtain morev tram a person qsi t'tlectei ofirine hy hirer1iri to accost hin. he ewuld snl2 b'e guilty in tile ere of :nre ia. In this cise it wvas ad,mitted tnat the ;trisoner receivet the mottey of th prosecutor ; and the only oum tion0 was, whether it was extorted fronni him. or offered by him olil owni accord. The learned Judge then read over the wvhole cvidencec pointing out the irstances in which the proseculor and the landliadJ l!rfferet' ant dthe inminer in which they mibght be applied to the I of the prtoser. Iar The Jury, afler a very few v finutrts consul;ation. returned a ver dict of .Nont grittv. A burst ai applause followved tile verdict, but wavs irstantly repress' ed by the learned Judge. A conference tihe: tcth k"rAce between the counsel on both side anl the lcarned Judge; after which i Mr. Twiss said ite inust proceed on the second indictment. This triaLl lasted from nine o'clock tili halt-past seven. The tria of the second indictment wvas therefore postponed till to-morrow. SUMMER ARSIZES. GLOCESTER, AlonrAv AiTa. 30.