Chester City Court, Monda...
Edw,ard A76 Before tIeeC RECpOPaER-, Et -r ese, a i etbedongman, aged betwv6een fifty arid siXtY, Was placed at stle .4ar, inadCted for lhaving as-aulted. iTllry Anne Pearce, aged nine vears, on the 24th of _Uarch last, in f,hes.. ter. He was at first cas~ital.ly indicted, but the CGrand Jutry threw out the bill, finding only for a misdemeanor. The prisoner was a respec-table carver and gilder in this town. lit. HILLar stated the facts of the case fo&r the prosecutionl, as de- tailed in the following evidence. MNarv Antne Pearce, ai very interesting.-looking child. examijned.-1 azm betw-een eiglit and nine years old. I know, the prisoner, and oftenl slept at hisbhouse. I slept therea whil my fathI,er wasfrom hone, in Shrorpshire. li r. Naveswas niot there,exceptren thenig,ht m,y fa- ther cmiie homne frm Shiropsahire. I don't know exactlY tdie time. It was night. Saw Mr. Noye4 in the little narlour; When I wenit in hle cave me a halfpenny-, but I gave .it back to him again. He then took me on his knee (The little girl here described the circumstances of the fact having taiken place.) I cried. He desiredl me not to tell, my father or miother. I wvert homnt thRt niight, and said tiothing ahotit it. .1 wast sick. Hal~l a stomach ache, ansfi rent to bed. I said nothinig about it till I wvent, tO Dr. Bagnal. Mv IO'VTotiier took ne there'. Afte-r he put me down. I saw Fl-lnnaht DdWses, the girl, alnd she said, " lirhat has your unicle been doing, ,o vou t"' I a,.id, somethiing that bi'f ought nptwto tio. NOthling mar e pa ssed a1wut it till I was going to Dr. Bagimall. Cro.sa-exatalned by Mr. TE_at? E.-NA'r!cn conting aw-y, Hann-ah I)awes spoke to me, and asketd me what, tay uncle, had b-een doing to me. She said, " Mlary Antic, what is it yottr uncle htas been doing to vtoi. ?" andI I said somewhat iliat he ought not to do." Hannah Dawes ,aid nothiing more. Shle let nme gnWithout say. ing a word inure. Hannahl"awes. minds thc shop1 thlere s'nme. timies. I slept w4ithi Hannah Dawes at 1Mr. Noyes's house while ny fa hier weas from lhonie. Hannah Dawes, ustat to play with nit we %ere great friends. Hlannah Dawes. sits in the shorp aenie- times s he was Ila t iheie while I was in. the pariour withi Mr. N01ct; ; shle was itt the kitcltt*n the kcitchien is hehiRdl the parlour, ,vith a windcow b.etween; anvbxdy in the kitchen can. sece inito thec pariour tlittoughi that witndo . I ciied oait very loLud. ha'inn-ah Dawes diid not comne from the kitehen inse?2 what was; the iilatter. I did not see Hat.nah tDawes loolking throuigh thte window...nat suire of' it I netter saitl so to any t5indv I after.. warant wci;t to Noyes withi niT fahettr. Hannah Daites wasp;resent, andl heard all that palsed. The ki:coanirit lt-eruvgegssitc that all the witnesses on both sidc.i shiould leaive the court, except thotie to character. Cross-examuination rutnied.-Ply If athier anti mothier went witht nie to iMr. Noyes wnieit thev accu-ed htimi. I remien,ber rny mnother icing ver v antiysv. I remember hter scol-ting Hannah i)awes. I recollect lier ,iaviig to Hannah Dawes, And you. yeu dlirty, slut, were sitituig there while it was. committicjg," andu po-ited to thie cor-' nt'r of the r,torm. The little parlotir was the rooin where all this was done. I diid not thien say,- No. mother, she was not sittiing there, site was looking throughi the window." I suid nothing. No- bok4y talked about looking through the window. Ant sure of it, -liv ttiotthcr ottly said thui Hannah Dawes was sitting, in the parlour while it was; done. I told n;s mather !to. I usqed verv of'teni to ga to MIr. Notes. He gave ass *a hialf'pennly to bay nrethis,g at all ; but lgatve Linti the halfpennDy bac-k, and would n'ot haVe it. I gave it hack directly. I would not have a halltlienny to buy ca-es from hint Why' would you n-ot itave it t-Iicause I tlid not like to taks it. Dlid you tltinkhe we -giving, it to vou for an%, thiing improperi' Ves, I did. HeC gave it to me biefore fige took me on his knee. I did niot tcil hit th:tt I thought, so. I niever said that I bought gingerbread lirnt. Did tint sat' sc, be-Fore t.fte Al zv'or. I reniember I did net quite wutell. Kniow Edward No tes, the so'n. Ile was not at hom-e. Hfe w-as tinat thle 1:ttle. 'Tliere woas nobtldy at hiome: but Hainnah. I don't know ti'the shop wa,i shot. I went in through the entrv, and passed by% thie shtop-windows: thei' were open. After Icainefrom school thatt day, I went lionie and got myi tea, and thnen went out to AMr. Noyesi. I can't cell what liour it was. Thiere was no ligiht in the parloutr, aith the door front the parlour inito ti,e shop was shut. It was not very dark it; the parlour. 'The little parlour Window was shut, and the ioor, ye, it was not very daik. I could not see through all the rooti. iTheshutters were niot shut, nor the curtains drawn. Any bo(lY coultd iook, thiough and see whaRt wast goiiig on. I did not call out to Hannah. I called out to nobody. I knew Hannah was in the kitchen, but did not call to her. Wihen lie put me down, he de.. sired me not to tell toy father, or my mother, or an. bode else. l tlid not tell shcm that niight. I w~ent to bed silck with the stoinach.achse. I dlid not-sy that my iuothier gave atesear. ad that it was that that made me~ sickt. I did not tell her of it tills'aw M11rs Burroutghs. M v mother s-coldled sit mnuch. I went to Dr. Bag- naiLl's. I did not kn~ow for a-hat toev mother was taling me to Dr. Bagnall',. lily mother atid Mrs. Burroughs desired uie to tell them~ all about'it. They asked me if an y buy had been doing any tihing to ime, aLnd I said not. I diii not'lii.e' to go to the doctor's. Thiey told nie that I must tel! them somebody's naein and it was then I told that it wras Mlr. No~~s Neither my mTother nor fathier, nor Mtrs. Burroughs tutld toe tat t must be Mlr. Noyse.. I never told themn any, thiing about it. till thiey said it must br as; anid I thei s-aid it was so, and that it was Nt,ves. I don't know at what timie it happened, onlv that it was dark, and because the la'nips were lighted. tow canie You to bt our at dark ?-Aly mother desired me to en, to [hannah). It was dark befoire I left liome, as oty motber desired titS logo out after tlark. I was twvice before the miagistrate, and I recollect saying there that it was eight o'clock before I left horme. Trhe first timie I was before the magistrate I don't know whiat I said ; it was when I left Mr. Noyes. I said he was committing the assault about a quiarter of an hour, whben before tlsc- Miayor. Am sure I &dd no; say five minutes. I knew what he gave niie the lialfpenny for, and gave it to ihin back. I said so before the Mayor. Am sares of it. Recollect wvhat passed before the .Mayor as 'well a-s I do what gassd a Mr Nocs' Di no tel te M avor that Id did not know wha hi gae te te hlfpnnyfor Iwent to rchoal the next day, and,as sua, eery ay fte. Iraabout and played. W'at net ver wel ater Di no tel ay o te l'lay girls of it. Said no-. thiti abot it ill was akento t edotor's. e-examiined by Mlr. HIt.L.-Ami sure nobody else hurt mne nobotdy else took any liberties with ins. Bly the REcoR-)rR._He gave mte the h0flftenny before he kiss.. edi toe, anti I gave it en him back. Hie gave me! money- before. How camne von to knew that he gaye it to You for any tliing im.. Proper ?-l thought so. Had edoe an thngtoyoubefoe le gave it to you ?-No, Sir. Ilav youanymaco tothin thIlie meant any thing 'Upre. per Hoe rntsyo sokisw i ~- dn't kisow (t6he little chil herebegn t cr.l ut thugh so; and am sure I gave hint. the alfpnny ack.He ten tok e on his knee and kiessd ass. (Thereiaitier f ths eamintio canotbe published.) Bi' tise REaCOttDxR.-Did any bodi tlyou that lie gave you the ltalfpierny_for an iniiproper purpoe ? o, Sir. BYt Air. Tstxrt,a.-Th nig- s - slept with Hiantiah Air. Noyset ltail -been from. home. H-e caiine homie titat night. I don't kn ow whether lie camne in a coach or not. Bv Mr. HILT..-Wh3t was your reason for not telling any body till von wenit to Dr. Bagttali?-Because I did not like to tell theni. WVhat was your reason for not liking to tell ?-I doti't know. (The poor little child cotitinuedi crying bitterly.) Mary Pearce, the MOther 'of the litt.le girl, and George Pearce, thie fathier, deposed to thie state of the child after the aLleged assaullt; bitt tmentioned that Noyes, when taxed with the crinie, had stoutly deniied it. Mr. Bagnall, examsineil by M1r. HILL.-Am a surgeon itt Chcs. tsr. Recollect AMrs Pearce .bringing, he child to me on the NOth of Miarch last. The person who broughit the chiild told me she wag iih. After examining her, I told her that she inust tel mne, as I kisew perifectly how tuie casse was; that she need no, fear, as her mother would not he angry. She hesitated a little, and then said it waq the prisioner at the bar. I asked her where it hapd taken place.. Slite s4ida it was in Alr No es's back room. (The witness hers de.. scribedi how the chil todhim the assault liad been commlitted') From the time thiat had easd (six days), it was imlposgsible for himn to give a decisive opinion ina ca'Se of so much importance, whe- ttrthe cause of what appeared to him, on examination, sire- ceeded fromn thut. mentioned by, the child. All that I saw might have arisen from natural causes. The appearances were siuch as might have been for six months or six days; they were such as would liars led me to conclutle that they' had arisen rather from na- tural causes than from violesice Cross-exarnined.-Ha4 the honour of being a pupil of'Sir AsitleY, Coopter's& I said it must be so, and the child tit firtst frequently tdcnied 'it; but, insisting that the fact miust be so, and pressing het to tell the name, site sn-id it was Noyes. .I cani't charge My memoryr witli hier hiavinig mpentionedl any day, at the time. Joseph Mounday examninedh.-Am a constable. Had a warrant out agaitist tlte pris,oner on thielstof,April. Searchai'tor him often. WVcist nohis house, anti could not see him. Took a gre.'t deal of pains to findl bins, and never saw him till he surrenderedl himselflasat i'*ednesday. This being the case for the prosecution, the jury intimated to the Recorder that thiey had madle up their minds. It was ohf cotirse pre.. sumedl for a verdict of acqUiLtal ; but, withiout heairig a w,Ord of what was to be said for cite defence, o-r thie address of co)unsel, they declared, to the astonishment of every-body, that they were agr-eed uponi a verdict of ,goilty. Mr. TEtFE owever, proceedled to address the jury on behalf of the prisoner, atnd called the following witnesses -- Edad Noys xamined.-Arn bon of thie prisoner; I minitd the shop Harnahiaweaalsocitnds hi' hop;renititer tile mothier goin toLivepoo, onSatrda, th 20h ofMacit.on il!e Suti- day fte I entwit isy mtherto ivepoo. Iret.tred on Alon - day myfater etunedon Wdneala, te 2:h.I heard the ch~ige a thetim it as mde aaint ra fater, o m atteittioni wit clle t th dte ofthse rasatios.Lil fthr came by clhe eleven o'clock coach in the moarhig. Ie wetotabout two, o'clock, returned, and went out again att halfp he.I ws Utheri in the front sholp; I continued in the sho and littlie pzrlouir till eight at night. ithen wenitout to the canalbat to mneet mny mother.. WAhen I went out, the shop was half sbut, and Bltnnah Dawes was puCtinlg uip the rest. I et Hannath Dawes in the front of the chop; she was the only person left in the shop. I know it was eigiut, be- cause I was winding the clock before going out; it Was then dark ; I returnedi abourt a quarter to nine; thUlmps of the shop- were in ; I went to bed about ten -; my fatlher, I amn sate, had not return-. cii from hahf.past thret: till the tiune when I wetit oist. He was not at hiome when I returned, nor was he when I went to bed. Cross-examined.-! don't know whethe-r my fazlher was at home front eight to a quarteer to nine, as I watt absent. I was never pro.. sent at any conveaesata(ln between my father and -Mre. Pearse. lain die only ss'n of my failer. By tcie RECORDER.-Am in the habit of winding up the clock. [. was dowis at the Line. By the clock it then apteared to be Sb.. flooked at St. Peter's chum cli, and put it rght bs that. If i was dark, how could you see theclock?-Yes, 1-ouldsteCtie!, clock; therewasno lamp utider it. There was a lanmp int he streetL Just eas got en the seep, I heard the clock strike. bet eantI back;, Hlannah 9awes uas sitting in tie little parlour. She had ana:ldxi ihere,- nd 'was };ntting. She wa5 sitting icaa chir el ie l-y the dao T akd her if myI father had been in. She said he ha1. not been i. said noteing egse to her. I never spoke to her 03 this subj'ect 60cc.tohr o ti HanTnh Dawes eBrrmined-.f livjed with Mr. Noyes in March last. Ata hi wife't niece, aind livedl with them ass servant. I recol- renty n tmaster anrd mistress going to Liverpool. lly mistress weent on Saturday, my Master anid his son went on Sanday, and ba"kd came hack on Alonday evening. Ily master came back on thle Wednesday by the eleven o'clock coach. HIe went (5ut about half-past three. I wKas left at homne, so was Edwvard. EdwardaUPtor at home all the eveninig til, eight. My master did not come home before he went out, I am sure of it, because I vwan in the arour al the time. I was shutting up the shop when he went 01*t. waSgoing to thecanal boat. After shutting up the shop, 1 put the lamp out in the Ilop, went into the little parlour, and be-ran to knit. Edwvrd catne back about a quarter to nipe. I let hin in. While Rdwad was outr my mtaster had nat come hone. Am sure of it. *hen lie cane home I was knitting. 'Tis was on a Wednes- dA. 1y bmYaster came nome that night about half-past 12. Esiward was then in bed. Aly mowter could not have come into the houise without ray seeing himil that night. I recollect the charge made against tny master. This was the Wednesday before the charge was esade. Il*ary Anne Pearce was not there on that night. Am quite sure of it. The harge wai made oan the Tuesday tollowing. h ros5exainined..ly masiter has not been it home since the charge was mrade. I never went to the Mlavor's ard told him that my nrraster could not have committed it, as I was in the parlour dur- Ing the time. The constable was there on the Thursday following. I told *y.. Noves that he could not have committed it. 11- the RECOkDERr.,Am sure that Edward did notreturn again till he returned at a quarter to nine; quite positive he di(i not re- turn, as he could not have conme in withouit my seeing him am sure it was six o'clock when Etlward was winding up the dock; I know It was six, because vrc were going to get ouir tea; John 'hl'omas wa-s in the housc at the timeI I hare talked about the charge to Edward NoYes; I spolke to him of it abouta fortnight or three wceks since; d wA ttilig iln the chair by the lire side; there was an arm chair close by the door but I was not sitting in that. Joseph Cross examined._l am ahopinan to Milr. Lloyd, thie liquor- m*rchant recollect when the chargewas made, and also wben the mi- litia were out; I anm a drill-sergeant * it was on the 24th of illarch on tnAt day I saw 111r. Noy" between three and four o'clock in the afternoon at mv sl!op ; he went away, an(i came again about half. ml't eight to nine; am suire it was half.past eight; we went to the Three Crowv-.s and remained there til half-paRt 11 or 12; he was in my company all that tim*e; I am no relation of the prisoner. Miles flarrisonr examinel.-Keep the Cross Foxesi in this town. Recollect seeing N'ves on tl;e24th of March last. Know it was that day, because the militia went out. On that day he was at My house be:v.een foar and fivc antl remained till near half past eight. I had myself several pints of portpr with him. Am ture it was the 24th, and am positive he euld not have been out of the house during the uirne more-than threc orfour minutes. William TIhomsoni was also preenrt. I know it was the 241h particularly, because I had two :n:hitiamen quartered with me. When tbe charge was made, it was thle topic of convergation, and I said how. could that he ? rtio could have theught it, whien Noizs was here so comfortably that nigl.t ' 1at ntion was called tp) the date from this circumistance. WNilliarn Thomson.-Amn a corporal in th:e militia. Thev mutter always on the 24th. (On tilat clav I saw rl. Noyes at ifarrison's between CiX annl seven, anti hc remnaiiied tiil near nine. I was there all this tlime. Jo-iiah Oisrrlint:r. w'ho was at Harrison's at the thne, swore to Ilr. .No ves bei'g there from between four annd five, till between eighit and nine O'cleok. The 'lMayor of Chester, Ir. Mlorris, examined-1 have known the prisonier for a ntiunber of years, and never heard any thing against him. He is a citizen of 'Chester. There were a number of other witnesses a sto character, bat the counsel did not think it necessary to call them. The learned RaconDEo then sutmmed up, and in a few minutes .he Jurv pronou:nced a verdict of Gmmiltl. The Rwcotraen then proceeded to pronounce sentence in the fol- wing termns:i-" Prisoner, yoti are now a spectacle of infamY in thc Iace of vou, fellow-citizmns. Every one who heard the trial mnust now look upon you withi horror antd detestation, having been pro- notinced guilty ot' a most odious crime by a jary of your fel- low-countrymen. lxou are a frther yourself-you are a hus- band ; and you have now arrived at that time er,en the tide of passion is on the ebb. Ordinary persons at your age have even lost all laefiul passion ; but you have suffered so barbar- oms. s-o hrutal a pa:ssionl to get possession of you, as even to defile the innocence of An infant. The offence is one that dieserves the eevere.t punishmient whichl the law can inflict. The in:terests of POCiety, the aeeurii of pareats rejuire it; and it is only fortunate for you that you do not sand there for a lieavier punishment. The sentence of the Court then is, that you be confined in the city gaol for the space oftlrhre years." This verdict was received with loud shouts, both in and out of court. A mob of women waited outside the Court, wlho followed the prisoner to the Rgtol with cries of indlignation. The prisoner strongly issertedi his innocence, and said that he had been always a mnanof the strictest moral conduct. He hoped, therefore, that his sentence would be mitigated. CHEESTER CITY COURT. P.ODAY. SErS S