York, Thursday, Aug. 5.
Before Mrr. Juistice BAYLEY a(lld a (7nmon .Tn.,, 11lr. TINDALL opened thc pleadings. The declaratiou stated that the defenldant had committed an assault and battery upon the plaintiff. The defendant had plca(led ' not guilty," and upon that plea issue was joined. Mr. SCARLETT conducte:l the case for the plaintiff, anti Mr. BtRoTGItAsi for the defendant. It appeared from the evi(lence given ia tne courseo teli trial, thatboth thc plaintiff and the defendant are inhabitants of the town of New Malton, and that in additiotn to the tra(les of millwright and cornfactor, in which they are respectively engaged, thev are also engaged in the ancient and venerable trade of bvrne.crushing. Thie old adage, that twvo of a trade seldom agree, exemplili.d as it lis been by the repeated cquarrels whicil iave !aken place between those who are miscallod the sons of harmony, Itas received another exemplitication in the quarrels wihichl have re- cently taken place between the two rival bone-crushers of New .Mal- ton. Booth, the plaintiff, sold the liowder into wvhicl lie pounded the bones of the unfortunate animals which Ifell into his clutches at 22s. a bushel, whilst Mlr. Barehead, tlhe defendant, solel lis powder for only 16s. a bu-hel. Tbis difti;rence of price in their respective com- mo(lities appeared to have ruffled the screnityof Mr. Booth's temper, aud incites him to dedare one evenrig at a public-hiouse in New Alalton, that lie woull not give muds for Alr. Barehead's credit ; for if he sold bote-dust at the price he did, he would be a bankrupt within six ilmonths. The fault of the tongue has often proveti the harm of the whole botly and so it was in this case. The piece of slander in which the plaintiffthad indulged, though it did not y, like some of its imnvrtal bretlhren, " upon eagle's wing-i ," was soon carried to the ears of the defendant Barchead, and excited no slighl ire in his in(lignast bosom. An opportunity was soon afrorded him for venting it upon the laintif, and he who had before been but -the bone-crusher of beasts, determined to become the bone-cruslher of men. On the 26th of March last, abouit 4 or 5 o'clock in the evening, the plaintiff anda friend went into the Crown and Ancisor public-house, whichl is kept by the defendaist's father, with the intention of indulgilg in a quiet pota- tion of rum and water. Unfortunately for the plaintiff, a quantity f rium customers liappened to be in the house, who had been hav- ing, what one of the witnesses called, sonie nonsense witll an Excise. man, whicl had tenninated, however, in the Exciseman's being knocked down. They were all very busy in laughing at this trans. action, wlsili they consitlered a ver" good joke, whien the plaintiff' and his friend entered the room. Tfie plaintiff, poor man, not being in that state of excitement whicI gives a man double powers ot sight, and leads him to comprehend, as if by instinct, the Joke which iS hidden under heavy blows antl knockl-down arguments, asked for an explanation, saying, " I thought you were all sober men when I enterel the room." The smallest spark is always dan- gerous aboxit combustible matter; and this observation was con- strueti into an insinuation that tihe parties weire all drunk. The de- fendant,who'wanted little additional cause of quarrel with the plain- tiff, immediately rose upon his legs, not like a giant refreshed with wine, hut like what he really was, a sturdy bone-crusher, refreshed with Yorkshire ale. Filled with the recollection of the slander whiich the plaintiff liad propagated against him, he began to cate- chise this rigid censor of other iisen's joviality about what he lkad said of him at the Sun inn the evening before. The plaintiff, nothing daunted by the question, and fbrgetful of the pugilistic renown which the tlefendant had acquired bi frequent practice with the gloves upon his porter, who was but too happy, in being well beaten by hismaster.boldly replied, btst in an unluckylour," Wirhant ever I said then, I am prepared to justify." 'I'he lie direct couild not have caused greater indignation to the chevalier saniLi petr antl sails re- proeise thian this tCeclaration mid cause in the bosom of tihe pugilistic bone-crusher. Thie sword of the one wouldi have started from the scabbard ; and the coat of the other did actually start fromi his back. He swore by all his Lods that he wotl d give the plaintiff'a good thrashilng aiid in fulfilment of his oath, lie struck liim immediately with tolerable force as the wittesses deioseti, bhut w'itI in. tolerable force as the plaintiff felt, on the side of tise face. The plaintiff, whose short pursy figure prevents hiim from appearing on the stage Es a candidate for pugilistic honours, attempted to skulk away from the threatened vengeance of the defendant, but in vain: another thundering blow, " swii't as the lightning's flashi, or shot. star's ray," tlescended from his clincted fist tipon the osfrosli.s of tlle plaintiff. A shower of blows was about to follow its very rapid succes-ion, when the plaintiff, acting upon the priiuciple that the better part of v.lour is discretion, ducked underneath the arins of some of the spectators, and fleCi from tile aeld. of battle, if, as an ancanient poet sings, that may be calle.l battle, where one party beats, and the o!her is only beaten. Thlc de- fendant, vexed at being disappolnted in the revenge whiel he liad mnticipated, was proceeding, perhaps to "' glean," perhals to do something else to, " thc routed rear" of the plaintiff, when lie was held back, not like ACisies by a goddess desecending from the sk;iestso big id, but by his mother and sister ascending from the cellar, or -at least rushing from the bar, on hi behalf. The in- juries which the declaration stated the plaintiff to have received from this assault were wounds anti bruises innurnerable, causing his family aisl friends to despalr of kiS life ; but when this wiae fiction qf the law-.-for wise It must be, since it is a fietion of thle law, stun qiam lex aliud, alild sapienlia dixilt-was stripped of the fanciful garb in whiceh it was invested, it appearet -that thie injuries were only of Suich a nature as to require the applic-ation of a single embrocation, 'and! thje valToWing,of a single cathartic, price 2s. G.- 6~-cur6thernm so thii if hj Mtieds did despair-of his life, they msust lhave aniticipated danger rather fromi the physic hehadi tak6n thain frotn the blo'odhe hiad lost. Thie defqndant; hiowever, not mindingy whethier thie battery he had inflicted on. thssp1ain tiff'was severe or lighst, still thireatened himi withs fturther vapnIEation ;lbr when a clerk ot the,fplaintiffl's partner, Air. Wialker, who not only crushes the bones of bestsm as a tradegmani, but also bleedts thie pockets of men as an attomney, called upois him withi a copy of a writ, ttn( askedI himi to settle tl;!a action amicably, he- replied, in "1 the spirit of the first born Cabin" " I won't submit to ask pardon of Jemmy, bhut I'll thiump him again, on thie first op-. portunity." Utnder these circumnstanceS, the juary were called upon to dlecide between the two patrties andl though the dlefendant haskde. dlared thiat he knew lie must be a loser, If the acttion camie into Court, and hadi congratulated hlinsqelf upon havn in hi h 3001. or 400T. to pay the expenses of it, they refused to take more than two shillings from hiis stock, by returning the following-verdiet. For the plaintilff..Damages, Is. ; costs, Is. CttO WV SIDE. (Before Mr. Baro n HULLOCK.) .Siephe,s Carnall, agedi 50, was ut to the bar, charged with hav- inz wvilfully, maliciounly, and unlawfully, stabbed or cut his wife, Ehi7abcth Carnall, with an instrument called a razor, with intent in so dloing to murder or maim her. Elizabc~h Carnall, the wife of the prisoner, said, that slie had been married to him for six years, and hiad borne himii two children ; they were both of them alive at present ; the eldIest was five years oldt, and- the voungest five monthis. They had not lived upon goods terims lately ; her husband had often told her that he wouldi stab her, and put her to bed withi a spadle. On the Sth of June last shie recollect- edhrhusband going out to work ; he is a gardiener: he retuirnedl about 3 o'clock. They hiad then a few words. Ile then went ouit, and returnedI homie aga'in about 4 o'clock. After that timec she left the hiouse with the Intention of goingr to her brother's. Thie prisoner fol- lowed her, and told her that he thouglit she was going somewhere else, antI that if he had found that sheo had] gone where he suspected, she would have seen what he would have done. Witness then went horne with him. When they were going to bed, hie locked thie street. door, and pUt the key of it in his pocket. She was alarmned at this circumstance, and asked him what he meant by it. HeI replied, that he was afraid she would get up and go out. She saidl, that if he did not give her the key, she would not go to bed, as she feared for her life. Seeing himl puit soinetlting into his pocket, she asked htim to let hier see witlat it was, whethier it was a1 knfe or a razor. He said hie hiad nothing in) his pocket. After he had undressed himself; and as he was getting into bed, he stooped dlown, took stomethiing up, and putt it inito his bosomi. Shie was alarmed, shie put tier hland into sils bosom and pulled out a razor. She said, "1 Dear me. it is a razor." He dlenied that it was a razor, and snatchied it fromt lher. Ile again put it into hiis bosom and went to bedl. Shec theni took tip a piece of' wood and knocked withi it for help against the wainscot of the next house Hfer husband ini- mnediately jumpedl out of bed, andI opening the razor, cut at hier throat. She sttruggled withi himi, bjut he succeedied in cutting hier on the sidle of the face. S.he then bent hier headl down to protect hier face, and hie then cuit her on the back btf the neck. She was at length rescued from him. She kniew no motive for this assaxult ex- cept it were jealousy. He was always jealouis of hier. James Wfntcrbottom 'leposel, that on the night in o iestion, he heard the crvof mntirdler." Goingioito his yard, he hiearaf it reprated. He then we'nt to thie prisoner's dloor, whiere hie hieard the last witness cryinig ot, "1 0 Lord ! 0 liordl ! he has cut imy throat." Witnestt tried to force open the door, but didi not succeed in dloing so. Ho then f=redopen the window-shutter, andi the woman uinbasped the wno; Ile got in through it. ffe ran round to the door; but the key was not in it. He then went into the otisoner's room, whten he siaw him endleavourinigto cutliis throat upon the bed with arazor. Wit- ness seized the razor, andI said, " Thou villain, thou heat cut thy wife's throat, and now thlou art going to cut tliine own !" The pri- sioner replied, "1 Shec threatened to knock mny brains out withi the poker, and who could wishi to live af'ter it ?" Other persons theni camye into the house bv ithe witudow. They asked him for the key. Prisqoner told them that it was in hius.pocket, it was found there.The dloor was then opened, and other persons catne in. Witness did not thiink the prisoner to bema right as he ought to be; but hie had suffi- cient sense to distinguish right froim wrung. Another witness gave sinmilar testimony. Mlr. Kirbv, a sutrgeon at Sheffield, deposed as fullows:_I was sent for to attend the prisoner's wife', on the night in question. I f~ound.her in a very faint state, sitting on the bed, and supported by s4everal persons. The upper part of her dress was entirely covered vIh blood. I observed that she had received thtree wounds, one upon her, throat, One uponl lier righit che6k, anid one on the back of her neckc. From the appearance of them I concluded that they liad been inflicted by a shai rp instrunment. The wound on the throat was slight ; that on the chteek was about three quarters of an inch long. I considlered the wound on the back of the neck as far the worst. It was 4 inches in length.and appeared asif it had been madle aecrost to the bone at first, and as if the instrument which made it had been drawvn up backwards and forwards in it. There were several little fleshy flaps within the first wound. The bone was a little injutred. It did not lical for five weeks. I saw the prisoner a few days afterwardsi; therr were nine scratches on his throat. I conjecture that these scratches were made in consequence of the point of the razor beinig snipped. I think the prisoner to be a man of weak mind. This wats the case for the prosecution. Thorisoner being called upon for his defence, declaredta i wife hdbeen a very Impertinent womati to him for many years past. She had left him to live with aniother man who was mnarried, and by whom she had foter children. He had also been obliged to have he~r cried on two different market diays, because he was afraid tbia(hle shoultd have to pay for the debts which her extravagance might icead her to contract. On the dcathi of the man with whom she had been living she canie home to him, bringing with her two children. She promised to be all he wishled, If he woultl take her homne aain. I-e weas un~willing ta do so at first, but lie had afterwards consented to do so, in consequence of the persuasions of the magistrates. Since that rime she hadl behiaved very ill, consorting with other men, threat- ening to scald his, eyes, out, andl to get other merfle thresh his bones. H-e callel ttie following wisnessest to his character:.. Williamn Siddal, a shoemnaker, saidl the prisoner had borne a good character, and mighit have continued to bear it, bed he tnet with a s;teady partner. His wife had not behaved well to hius; alhe had ben"way from him somne time; he was a man of weak intellects. Mlr. Baron H ULLOCK siummed up the evidence ; after which the jury returDed a verdict of Guilty against the prisoner, hut recom- mended him to mercy. Sentence of leuale was then ordered to be recorded against hiim. Tlhomas Mlorliiner aged 25, was then put to the bar, charged with killing andI slaying V,iilliam Leedhams, in the parish of Leed,t. Thle particulars of this ca-se were stated at the time in the difFerent Provincial papers, ancl copiedl at some length into our own columns. it appeared from the eyidencee given this day, that in consequence of a quarrel which had taken place between the parties, and of a fsub- seque'ut challenge given to the prisoner by the deceased to fight for 5s., theyr tad mnet a'nd fought, and that the deceased had died the next morning from the beating he had received in the course of the bat- tle. . It was stated that tite wife of the deceaseel held her hus- banri's clothes, and encoriraged hi,n duiring the fight, in the course of which she recommentled hfin to take ofF his boots, as it would enutl him to light the better. The Jutry found him guilty, and the learned Judge sentenced hlim to two myonths' imnprisonment in the House of Correction. Thontas Sollift, aged 31J, was convicted of hav-ing felAoniousl ad hurgiariously, in the night of thie 5th of July, 1824, entee the dIwelling..htouse of Alrs. Anne Haines, of Scarborough, widw withi the intent to steal, take and carry away her goods and clattes As, howevecr, sthe prisoner hiad been psrevented fromn taking any property away in consequenice of his beinig dliscoveredI by the family, sientence of eh was recordest against him. bMr. Baron lIULLOCIC, after flie ev-idence for the prosiecution liad been concluded, discoveredl thiat a different indictment liad been substit'.tsed in the place of the indictment -which hiad been origi- nally sent to Cthe granidjury. In conswquence, he initimated a doubt wyhether lie could try the prisoner upon it, and asked M'r. At.kX- ANDER, whocondlucted the case for the prosecution, how this altera- tion ot tise incitetnient haid taken place ? Mr.. ArxXAMDrnzt re- Plied, that he believed thathiLodhpla gvi fr.S'ke leave to miake it. hsLrsi it ie r tri Hisi Lordship replied, that it was not so ; lie had only given Air. Starkie leave to amenid it by the insertion of' three words which lie conceived to be neecessary he had not given himn leave to withdraw th oiginal indictment, and to substitute anothier. If the learned cusel had thioughit that intdictinent faulty, he ought to have asked leave of the Court to have it quashed, and then to have presented an- otlier. Mlr. STrARmct by dlesire of MIr. AL.EXANDfER, was then sent for from the othier court, and stated to htis Lordship that he had given slirections to tite attorney to make the requisite alteration in the indict- inent, andi that he supposeel that is had been done. 9MAr. Baron -rULL.OCg then asked whiat liatl become of thie ori- ginal indictmenL. AI'r. STARLICCE replied that hie didI not knowt. He had left it in the other court, where lie was whien it had been brouight to him. aAr. Baron IIULLOCK, after remarking en the mischief to which a epetition of this piractice might lead, gave an orcler to the officer oftecurt not to allow an inditmnent to be taken off the file after it bad onice been put on, without the leave of the Court. YORK. TirmiRtSAv ATr-. 5 BOOTlf V. 71AREIFAn.