Star. — 1822-08-30 (London, England)

LORD CHIEF JUSTICE. An affidavit was read in mitigation of punishment. Mr. WILLIAMS addressed the Court to the same effect. His Lordship was aware from the evidence, that the' man whose ingenuity contrived and constructed the machinery by which the fraud was effected, had not been sought by the defendant, but had been sent to him by an individual who was not now before the Court. The defendant was now a bankrupt, and had a family dependent upon him for their support. In this situation a pecuniary punish• ment would be to him only an interminable imprisonment. He would rather suffer in his person than see his family destitute. . The Learned Gentleman spoke at some length upon these topics, with, great feeling and apparent effect. Mr. R AINE spoke in aggravation. The LORD CHIEF JUSTICE admitted that the contrivance seemed to have been another's, not the defendant's. The offence, at the same time, of which the defendant was so clearly convicted, was one of great extent and extensive criminality. The sentence of the Court was, that he should be imprisoned for eighteen months. John Wol.fenden, aged 26, was put upon his trial for the murder of Eliza Ann Dunwell, at Royton, on the Coroner's Inquest, the Grand Jury having thrown out the bill, Mr. COLTMAN stated the case. The charge was, that the prisoner had caused the death of the deceased, his apprentice, by excessive work and insufficient food. The Vestry of Royton had appointed men to go round the several places in the parish, where poor apprentices were employed—an example worthy of the highe.t praise and of general imitation. The consequence of their visit was, the discovery of the situation of this girl, who died soon afterwards. It was for them to say whether her death was caused by the conduct and treatment of the prisoner. Thomas ltadcliff.—l live at Royton. I was appointed, with others, to inspect the different parish apprenticeships in May last. We went to Wolfenden's, a weaver. We found the deceased sitting on a loam in a quite emaciated state; we went from the cellar to where Wolfenden was. We had made inquiries of her as to what quantity of work she did? She wove two yards and a half a day of fustian. She was about ten years of age. That was not a proper quantity o, work for her age, even if she was well and hearty. She was unfit for work of any kind.— I told him so. He said he had put her to bobbin v•ink.iing and nuring of the child ; but she was too weak for the child, being a lusty child, and she preferred %yeas ir.7. I asked her to weave, and she did, with the weate,it exertion, but with much difficulty. I took her up in my -irms, and thought she was not twenty pounds weight. . By NIr.WILLIAsts.—I don't know weaving. There were three other gills in the cellar. It is the custom to weave in cellars. Two of the girls looked middling, and another poorly, The prisoner bask wife and child.  John Cay, Overseer.—She appeared in a very elm-. ciated state, unfit for labour of any kind. Wolfenden said she looked badly when he took her an'apprentice, but he had been told by the Overseeis of Leeds that she had been short of meat, and if he would take her she would come found. I went again to see her on the Bth of July. She was at a winding engine, quite in wwoin out state. WoVanden seemed very willing that the indenture should be cancelled, and to give money to the township for the purpose. On the 10th she was taken to Rochdale. The Magistrates ordered me to take care of her, and that WoMenden should pay the expenses. She had done More work ta4an a child of her age in health ought to do.`l Weave, but have no appientices. • By Mr. WlLLlAKS.—Wolfenden had bad the girl since .Christmas, and wished to send her back in April.  On the 10th of July: he Offered EA to me to take her from him, and paid El. 10s.in part of that sum. He mentioned- that her being poorly was the reason why he had wished to send her back.  Margaret MellOr.—The girl, after she was removed, was sent to live with me. She looked almost dole. She lived ten days. By Alr.Wiwasts.—She was consumptive. Mr.W. Taylot considered her to be in the last stage of a pulmonary consumption. She died nine days after. Extiaordinary labout would contribute to bring on the consumption. • Cross-examined.—lt might have arisen from natural .disposition. Alr.Cot.T4A w.—That is the case for the prosecution. Mr. Baron