Star. — 1823-08-28 (London, England)

ASSIZES.  CHESTER, AUGUST 25. MPIIDER. • Joseph Dale, who attained the age of 18 years the day he was committed to the Castle of Chester, stood indicted for the wilful murder of William Wood, cotton-factor, on the 16th of July last, at Whaley, by means Of stones thrown at the back part of his head, by which a mortal wound was inflicted of the size of half an inch in length and one inch in breadth. First witness called was John Mellor, of Whaley, farmer's servant.—Was coming from Bullock's Smithey, with his cart, on the 16th of July, the old road ; on his return (from Dishley to Whaley are two roads), Setween seven and eight P. At. found a man, near the boundary wall, dead, twelve or six yards from the wall ; Dishley to Whaley is three miles ; he came one mile from Dishley alone ; stopped till .Edmond Potts and John Mellor, his uncle, came up ; did not know Wood; on the back of his head was a wound, on the forehead two wounds; appeared inflicted with stones; many stones were near the body, which were Brickstone stones; a Vast quantity of blood under his head; did not observe the pockets; body was not quite cold ; put it into Edmond Potts' cart ; there were three carts with three drivers present ; grass and wall by the body was sprinkled with blood a little, but much blood about. Second witness, ,Edmond Potts.—Was on the road on the 16th of July last, between seven and eight e. M. saw John Mellor ; knows where Joseph Hatfield lives; Mellor. stood by Wood on the Dishley side ; passed Hatfield-himse on the Whaley side ; distance from a quarter to half a mile; examined the body, which was warm ; corroborated the former witness with regard to the blood and stones ; took the body in his cart to the Cock, in Whaley ; was present before the Coroner when inquiry took place; examined the pockets of the deceased; turned out the breeches pockets, in which was an old penny, pocket handkerchief, and top of an umbrella. Cross examined by Mr. JoNEs.—Much blood was about where the body lay; blood came on witness's clothes ; removed the body, with the former witness,. into the cart ; his apron was very bloody, with the head ; difficult to touch the body without receiving .blood; Whaley is on the side of Hatfield-house; found not the umbrella, nor any basket. Third witness, Mary Bradaliaw.—Knows late Mr. Wood; saw him at Manchester on the 15th of July, between six and seven o'clock, A. M. going to Manchester, at Holly-green; saw the body the day after at the Cock.  Fourth witness, William Howarth, of Dishley.— Examined roads on the 17th of July, near Hatfieldhouse; found stones left•hand side of the road, 26 yards from boundary, between Hatfield's and Marshall's house. Four stones were here produced, clotted with blood and hair, both extremely visible and appalling, and the stones large ; the sort of stones were what they make walls with. Cross-examination.—Plenty of blood on the grass, half a yard square. Fifth witness, Jonah Cheatham, manufacturer, at Stockport.—Saw Wood at. Stockport between two and three o'clock on the 16th July (Wednesday); paid him £4B and some shillings—EB in £1 country notes, two £5 Derby notes, and the rest in Bank of England notes of £5 each, except one £lO. Knew mark and number of several: one a N. Bank of England, N 0.721, 21st January, 1822, which he copied; recognized the tear in it. Stockport was about six miles from the murder.  Cross-examined.—Wood had an umbrella and a small parcel when he left him; did not copy the Derby notes; did not bring the book in which the notes-were copied; could not have sworn to the note, unless he had copied it; could not ascertain the note by the tear alone ; made no memorandum of notes paid to Wood.; all the 51. notes he had paid on Monday ; Whaley it near Derbyshire ; Derby notes come more in that neighbourhood. (Counsel argued that the evidence of the notes should be erased from the minutes, inasmuch as the books were not produced, which took up a considerable time ; however, it was finally rejeCted.)—Witness did produce the memorandom from his book of the Si. note, which he made last Wednesday; he could only swear to the note from the reference he had to his book ; left it at home.  An answer to a question from Serjeast