Lancaster Summer Assizes August 1833
From Liverpool Mercury August 16th 1833
Transcribed by Caryl Williams
FELONIOUS ASSAULT
Patrick McPARTLAND 27, a private soldier in the 85th Regiment of Foot, was charged with feloniously assaulting William BROXUP, with intent to murder him, to disable him, or do him some grevious bodily harm.
Mr Peel conducted the prosecution.
It appeared from the evidence that on the 10th of May last, about six o'clock in the evening, the prisoner who was then confined in the New Bailey prison at Manchester, for some breach of some military discipline, under sentence of a court martial, came behind the prosecutor, a fellow prisoner and struck him a tremendous blow on the back of the head with a rubbing stone, wieghing upwards of 20 pounds and fixed to a long pole, which he weilded with both his hands. He was preparing to repeat the blow, when his arm was arrested by one of the bystanders, and he was taken into custody. It did not appear that any provocation had been given to the prisoner , or that there was any quarrel between the parties, though the prisoner endeavored to account for it by stating that he had given the prosecutor sixpence to buy some tobaco, and that the prosecutor had not fulfilled the commission. The prisoner was found guilty
He was then put on trial under another indictment, charged with having, on the morning of 13th of April, whilst confined in the same prison, entered the cell of Edward HUGHES a private soldier of the 53 Regiment of Foot, a fellow prisoner, who was then lying in bed, and attempted to cut his throat with a razor. The prosecutor raised his arm to prevent the completion of the crime and shouted "murder"! he was severely cut both in the throat and hand. The prisoner then left the cell and was seen shortly after wiping a razor, but it was not found on him or in the prison.
From the testimony of Mr OILIER the surgeon at the New Bailey, it apeared that the prisoner, after both attempts had repeatedly told him, without any promise or threat being made to induce him to speak on the subject, that he was dissatisfied with the regiment as well as with the gaol, that he wished to be removed, and that he would rather be transported, or anything than serve under such a colonel, or at the treadmill in the gaol. The prisoner was found guilty, sentence was deferred
COW STEALING
William TURNER 34, a flatman, was charged with stealing a cow, the property of John WARBURTON a farmer, at Rusholme, on the 5th of June last. He was found guilty and sentenced to be transported for life
MANSLAUGHTER
Henry PENDLEBURG, 21 was charged with killing and slaying John RIDINGS at Blackley, near Manchester, on Sunday evening, the 26th of May last. It appeared that on the evening in question the prisoner and another man were going along the road, towards Harpour Hey, when the deceased (a youth of about nineteen years of age, but much less than the prisoner), accompanied by two boys, came up to them, some words passed between them and a quarrel ensued, in the course of which the deceased used some very irritating language to the prisoner, threatened to give him a beating, and poked him in the ribs with his thumb. The prisoner then knocked him down with a blow on the back of his head, and when down kicked him on the chin. The deceased was taken to a house in the neighbourhood, where he died in a few minutes afterwards
Thomas WALKER one of the witnesses for the prosecution, prevaricated a great deal in giving his testimony with respect to his deposition before the coroner, which was direct variance in several points with his evidence in court, for the evident purpose of screening the prisoner, on which hsi lordship ordered him into custody, and in summing up the evidence, observed that, in cases where death ensued, whatever the provocation might be, the law did not justify any man resorting to greater violence than was absolutely necessary for the purpose of self defence. The jury found the prisoner guilty, but recommended him to mercy, on amount of the provocation he had recieved, and his previous good character. His Lordship said the recommendation should certainly be attended to
SHEEP STEALING
William MARSDEN 38 was charged with having stolen an ewe sheep, the property pf Samuel KNIGHT, at Butterworth, on the night of 4th of April last
The evidence against the prisoner was entirely circumstantial: and the jury after retiring for a short time, aquitted the prisoner- the Lord Chief Justice observed that the prisoner had a very narrow escape and cautioned him not to appear again in such a situation
Wednesday August 14th
CAUTION TO WITNESSES
This morning the witness WALKER who was ordered into custody yesterday for prevarication in giving evidence, was brought to the bar, and the Lord Chief Justice addressing him observed that he was fully aware of the folly of his conduct, that all witnesses bound over were required to state all that they knew of the case, and if they witheld any part or gave a false colouring to it they were liable to an indictment for perjury He hped this would be a warning to him in the future
He was then discharged
MANSLAUGHTER
William HALL 48 was charged with killing and slaying his wife Jane HALL on the 8th of July last at Ashton-under-line. Mr BRANDT appeared for the prosecution, and Mr Sergeant JONES for the defence It appeared that on the 8th of July, the deceased went home in a state of intoxication: a quarrel ensued shortly between her and the prisoner, respecting giving supper to one of his children: that she siezed him by the waistcoat, when he pushed her down and kicked her to the lower part of her body and inflicted such a wound that she died within the hour
Mr CAMPBELL of Ashton-under-line, the surgeon, who examined the body said he was under the opinion that the deceased death was caused by hemorrhage, from a wound on the vagina.
The witness was cross examined at considerable length by Seargeant JONES, the object of which was to show that death could have been caused by loss of blood from the wound, but might have been proceeded from determination of blood to the head, frm the effects of passion, exertion etc & in consequence of too free use of ardent spirits
The jury found the prisoner guilty but strongly recommended him to mercy. Sentence deferred
George RUTTER a boy of only 15 years of age was indicted for killing and slaying William SMITH, at Ashton-under-line on the 23rd of June last. It appeared that on the day in question, the prisoner, the deceased, and two or three other boys were playing at marbles together: that the deceased stle four belonging to the prisoner, on which he beat him severely, knocked him down and kicked him over the stomach, which caused his death shortly afterwards. The jury found him guilty. Sentence deferred
Robert FITZGERALD 21 was indicted for the Manslaughter of Francis HANEY at Manchester, both were intoxicated:a quarrel ensued, and they fought, when the deceased recieved a blow which terminated his existence in a short time. The jury found him guilty, but recommended him to mercy because the deceased had in some measure provoked him to the attack and his Lordship, consequently, sentenced him to one months imprisonment in Lancaster Castle
BURGLARY
Thomas JONES 25, George JOHNSON 28, John WATSON 23, Samuel MOFFITY 21, and Julian HADKINSON 18, were all charged with breaking into the dwelling house of Abel ROWBOTTOM, at Staly bridge, and stealing forty pairs of stockings, some silk handkerchiefs &c, his property. It appeared that about midnight, on the 8th of May last, the shop of the prosecutor, which adjoins his house was broken into and the above articles stolen. About an hour after the robbery was discovered the prisoners were pursued and taken early next morning, with most of the property on them.
The jury found them guilty, and the Lord Chief justice ordered judgement of death to be recorded against them, observing that in all probability they would be transported for life, and that the crime of burglary was a capital offence, and would probably always be so held
MANSLAUGHTER
Richard WILSON 35, was convicted of killing and slaying his wife, Ellen WILSON, on the 9th of March last by kicking her over the breast Verdict-guilty
John HANLEY, a boy apparently about thirteen years old, was charged with killing and slaying another boy about the same age on the 18th of April last. It appeared that on the day in question, the boys were playing together, when the deceased struck the prisoner, on which he pulled out a knife and stabbed him in the belly so that he died verdict-guilty One months hard labour
John KEARNS 50, was charged with killing and slaying his wife Ann KEARNS, at Liverpool, on the 25th May last It appeared that both the prisoner and deceased were tipsy, quarrelled, and fought: that she threw a brick at him, and he kicked her over the throat and burst her windpipe The principal evidence, however, tended to prove that the kick was given accidentally, and the jury consequentally acquitted him. The prosecution in the three last cases was conducted by Mr CLARKE, Recorder of Liverpool
Thursday Auguse 15
MANSLAUGHTER
John CALLAN, a remarkably athletic, middle-aged man, was indicted for killing and slaying James LEES, on Monday the 5th of the present month
It appeared that on the day in question a fight took place in the field of the deceased, who went there for the purpose of driving the crowd out of the field: that the prisoner, on hearing that his brother was one of the combatants, ran towards the place.
The deceased attempted to stop him, and struck him with his crutch, on which the prisoner gave him such a blow to the head as fractured his skull, and caused his death the following Thursday.
The prisoner in his defence said it was the wake's time, and they were determined to have a bull bait: that he was proceeding towards the place chosen for the purpose with the bull, when he heard that his brother was fighting, on which he ran towards the place to prevent the occurrence, when he encountered the deceased, who was stopping people from crossing his field: that on his making the attempt the deceased struck him with his crutch, on which he accidentally lifted his stick and struck him
The jury found him guilty, and the Lord Chief Justice, sentenced him to be imprisoned one month in the Castle, after advising him to avoid for the future attending such places, as they were not very creditable to him