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and communicated it to the rest of Somebody should be produced to the gang, who agreed, when they got show, either that the prisoners were arms, to go and rob the house. near when the robbery was commit
Cross-examined by Mr O'Gor- ted, or that the articles were found man.--How
many robberies have you in their possession, or some circumbeen guilty of in your life?-A great stance should be adduced to connect many.
them with the transaction. The two When did you commence robber? witnesses who were examined just so -Last assizes.
far corroborated each other as one You were then tried, wern't you? desperate character would another; No, I wan't.
but here the evidence closed : and But you were in gaol?-I was; but though it was his duty to tell the jury I was discharged.
that this was legal evidence, it was How long after you were dischar. also his duty to tell them they should ged did you commit the first robbery? be slow and unwilling to believe it. -About a week.
The jury without hesitation found Whom did you rob first !--Calla- verdict of Not Guilty. ghan M Carty.
Did you get any money from him? - No.
CHARGE OF MURDER.
September 10. either of these occasions, you would have committed murder? --To be Thomas Corrigan, aged 27, was sure I would !
tried for the murder of James Holt Where did you rob the third time? at Rochdale. (In the case of the At a farmer's at Dunmanway. person here arraigned, there was this
Did you get any money there!-- peculiarity, that the Grand Jury had Sixty guineas in gold.
thrown out the bill against the priWhat did you do with them ?- soner, who was tried on the Coroner's We spent them.
inquest for murder.) But you're quite sure if any body Mr Coltman detailed the circumopposed you, you would have mur. stances to be proved in evidence. dered them!--To be sure we would ! Betty Holt, widow of James Holt,
The Chief Baron told the jury, that lived in Yorkshire-street, Rochdale : the five prisoners were capitally in- her husband went out a little past eledicted for burglary and robbery. No ven o'clock, for the purpose of drink. doubt the burglary and robbery were ing some beer at the Crown Inn on the proved to have been committed; but 9th of August. He came home a little there were no witnesses for the Crown before two, threw himself on his bed, of unimpeachable character, and and bemoaned himself very much, there was no instance of an execu- saying he had been stabbed. She tion having taken place in this coun- found two wounds on his head, and try upon such evidence. The wit. a three-cornered wound, as by a nesses were in that situation, cover- bayonet, on the right side of his ed with crime, and, according to their belly. He said he was killed : and own confession, ready to commit he was told by the doctor on the 12th murder, that they ought to be re- that he could not get better. On garded with caution and doubt. Friday the 13th, the day of his death, he told her that he had met a soldier As they were going up Blackwho struck him with his naked bayo- water-street,
a number of people net, without saying any thing to him. were going before them. One
Mr Abraham Wood, surgeon at of them turned back and cried, Rochdale, attended the deceased, “ Hurra, Pat, how does the bull and examined his body: a bayonet go? Did you come from Scot. wound in his belly had occasioned land to kill us?” (They had his death.
come from Scotland on their last James Brien, private in the 88th, route.) Upon that, five or six of said the prisoner at the bar and Phil. them iurned back, and began to kick bin were privates in the same regio witness and his party. Witness went ment, and in the same quarters. He off, and did not know how he lost saw them together a few minutes be. Corrigan. He met a man of the fore nine in Yorkshire-street. They name of Leach at the church. had no side arms. He left them in They had no side-arms, by which he the Hare and Hounds, returned meant bayonet, scabbard, and belt. home, and went to bed. Philbin They had no arms at the Three came afterwards to his door about Tuns. Witness went home after they twelve, and was let in by witness. had been beaten, and found CorriPhilbin got his bayonet, and went gan had not then got home. He took out again. In about fifteen minutes bis bayonet, and went out again, Corrigan came in, and got his bayo. when he met Leach. Corrigan came net. Very near an hour afterwards up soon afierwards, and struck Leach witness heard a rap at the door; he a blow over the eye with his bayogot up and let the prisoner in. As net. Two or three then caine up to soon as he had let him in, a stone witness, and asked his bayonet. was struck at the door. Corrigan Witness soon saw a man in his shirt threw himself on the broad of his running after Corrigan, with a stick back in the bed, and said in all he in his band. Corrigan was runwent through, he never was so near ning off. He had run off as soon as being killed as that night; he said he had struck Leach. Witness saw his legs were all cut with kicking. no more of Corrigan till he saw him A great deal of men then came a- in his lodgings. He was knocked bout the house, and were insisting down, and his bayonet taken from on having the door opened. Wito him. Upon going home, he found ness asked what they wanted. They about twenty men at the door : said they wanted the soldiers. They they were saying, " Here is where threatened to break open the door, the murderer went in, and we'll not A few minutes after they had gone, leave till we have him out.” The Philbin came in.
watch and guard came up, and Prisoner.-I have no question to took up one of the men.
Witness ask but what he has said.
was then let into his lodgings. He Patrick Philbin was going with found Corrigan there, who asked the prisoner to their lodgings from the him where his bayonet was, and addThree Tuns, about half-past eleven. ed, “ D-n it, what made you give They met Cornelius Corrigan, a sol. up your bayonet ? Why did you not dier, and one Waugh, who asked stick them as fast as they came athem to go into a public-house to cross you; for I have put four inches get some beer. They went to the of my bayonet into one of them.” Crown, and got some pints of beer. Next morning Corrigan took his
bayonet out of the scabbard, and was did not know if it was the same solabout ten minutes cleaning and wip- dier; he overtook the man and struck ing it.
him. The man fell to the ground. Prisoner. I have nothing to ask She did not see any weapon, but by him but what he has said.
the sound of the blow she thought Edmund Leach was struck over he had a weapon. The man offered the head with a bayonet by another to get up, and the soldier struck him soldier, while he stood by Philbin. again, she believed, two or three He had said nothing to the soldier times. She saw the man get on his before : when struck, he asked why feet and go away. Another soldier he had done that. The soldier said, came to the soldier that had struck, “ By the holy Jesus I'll seize your and that took her attention from the heart with it. Witness went to the
They stopt a little and talked, Beaver, where the soldier was. and then came back both together Hanson said to witness that the sol. towards Toad-lane. Soon after, she diers deserved a beating. Witness heard a cry of " Stop thief." It afterwards pointed out the soldier might be five minutes afterwards. who had struck him to his father. At the same time, she saw a soldier His father seized him by the collar. running, and two men and a woman The soldier, who was the prisoner, after him. got loose and ran off. Witness's John Holt saw the prisoner next brother called out, “ Stop thief.” A day opposite the Reed'Inn meet annumber of them pursued the prisoner other soldier. The other soldier with that cry to his lodgings. He asked how he was.
The prisoner got in, but they could not get in. said, “ I am in trouble for sticking a
Prisoner.--I have no questions to man last night; but if I had to do it ask. I don't know him.
again, I would do it. Den and seize Robert Stott saw a soldier running the man that would not. Last night, through Blackwater-street, at half. I was surrounded with half a score past twelve, and a number after him of young men. They shoved me, calling “Stop thief.” He made a and called me an Irish b—, and I was click at him, but lell, and the soldier determined that some one among fell over him. The soldier got up, them should feel the contents of my and went off. He drew his bayonet, bayonet. If any man in Rochdale and swore if any man went near him, gives me the least offence, I'll stick he would run him through. He then him to the heart, and got into his quarters.
the man that is stuck.” Prisoner.-I ask him no questions. By the Court.—He was examined I don't know him.
before the Grand Jury. Elizabeth Hoyle, wife of John Mr Baron Wood. - It is
odd. Hoyle, saw a soldier going along Prisoner.--I never said a word of Cheetham-street, between twelve what he has sworn to. and one. She him meet a man,
Examination by the Court resuwho said in reply to something, med.--He was not examined before “ The next street is Toad-lane, and the Coroner. He mentioned this the next is Blackwater-street.” The that very day to several-to James soldier went forward, and the man Bamford and to John Sutliff. Some came on and passed witness. When one mentioned it to Wrigby, the he had got twenty yards past her, constable, who fetched him to give the soldier came runving back; she evidence. Ilu was about a yard from
the prisoner. About half a dozen Upon the evidence, the Grand Jury came up to witness at that time. might have at least put the question
The prisoner, in his defence, said, in course of trial. This was all he that as he was going home he met meant to say upon that point. The nine or ten men, who said, “ You case was attended with much difficul. Irish rascal, do you come here from ty: If they were satisfied as to the Scotland to keep us down ?” One identity, the next question was, wheof them spoke up, “Go the rig :” ther it had been murder or mananother of them knocked him down, slaughter. The prisoner had been kicked him, and trampled upon him. exceedingly ill used; and if he ran He called out“ Mercy!” One came for his bayonet and killed the man, up and said, “Don't kill the soldier.” supposing him to bave been one of He got off, but they got hold of him, those who used him ill, in the heat and treated him in the same way, of passion, and without time to cool They followed him to his quarters, or reflect, he was guilty of manand threatened never to leave the slaughter. If he had time to reflect house till they had his life. There and cool, and if he deliberately killwas not a word of truth in what ed the deceased, he was guilty of that man said. He had been a long murder.-Guilty of Manslaughter. time in the army, and had been in six engagements, and could never do the like.-(After a long pause,) I am quite innocent, my Lord, of this business laid to my charge.
Brien recalled, said the prisoner INFLICTING WOUNDS WITH INTENT came in the second time about one o'clock, and never was out after that.
The Court called Cornelius Grog- Old Bailey, Saturday, September 18. gen, who had been subpænaed for the prisoner. He merely gave an account of the affray in which Corrigan Henry Stent the prisoner was put was unarmed.
to tlie bar. A London Jury having Groggen, in cross-examination, been called, this unhappy man was said, that Corrigan had asked of a arraigned upon an indictment, charg. friend, who had seen the bayonet, if ing him in the usual form with having there was any blood upon it. This inflicted diverse wounds upon the was when Corrigan was apprehende person of his wife, Maria Stent, ed, and his bayonet ordered to be on the 5th of August last, with inbrought.
tent to kill and murder her, or to Edward Waugh gave a similar ac- do her some grievous bodily harm. count of the affray in which Corrigan He pleaded not guilty. The had no bayonet.
Jury was then sworn.
There was Mr Baron Wood, in course of bis no counsel for the prosecution, and summing up, remarked that it was Mr Justice Best called Maria very extraordinary that the Grand Stent, the wife of the prisoner, Jury had thrown out the bill. They who stood up in the witness-box, . were not to consider this as conclu. and was sworn. She seemed to be sive proof in favour of the prisoner. greatly agitated.
Mr Alley, one of the counsel for in support of Mr Alley's objection. the prisoner, instantly rose and ad- Mr Justice Best said, that he had dressed the Court. He said he was not the least doubt as to the admisnot aware that this witness would sibility of the wife's evidence in this have been called so early in the pro- case, or in any other case of the same ceedings; but being in the box, be description; and this opinion was fore she was examined he felt it his founded upon the principle, that a duty to submit, that as against her married woman, like every other subhusband her evidence was not ad- ject of the realm, was entitled to the missible. He had searched the books protection of the laws, which would with great diligence for cases in not be the case if the objections now which wives had been admitted as taken were well founded. There witnesses against their husbands; but were many descriptions of personal found none except that of Lord Aud. injury to which a wife was subject, ley, the circumstances of which were independent of that to which alluvery peculiar, and even the authori. sion had been made, which her evi. ty of that case he had heard ques. dence could alone support; and if tioned. He recollected one case in er testimony were as a matter of which the question would have a- course to be rejected, she would be risen, but the bill was ignored. Ne- altogether without the pale of the vertheless, the opinion of Justice law. The decision in Lord Audley's Buller was, on that occasion, against case was perfectly analogous to the the propriety of the testimony of the present ; and the principle upon wife being received. He knew of which the evidence of Lady Aud. no instance, except in the case of a ley was received was precisely the rape, where the testimony of the principle upon which he should ad. wife was received against her hus- mit the evidence of Mrs Stent. band.
Whatever might be the opinion of Mr Baron Graham said, that there individual judges on this question, were many cases in which the wife the opinion of the House of Lords, was considered a fit witness against assisted by the Twelve Judges of the her husband, particularly in one land, was of too solemn a nature to where she was in a state of danger be easily disturbed. from injury which she had received Mr Baron Graham was entirely of from him. In such a case, where the the same opinion; and his judgment wife had died, her deposition was was founded not alone upon the case subsequently received against her of Lord Audley itself, but upon à husband as evidence of the fact. long experience, in which he had re
Mr Alley said, that the principle peatedly seen the principle laid down upon which the evidence of a wife by his learned brother acted upon. against her husband was rejected. The decisions in those cases might was, that if it were admissible, it not be found in the books, from the would tend to excite disagreements universal acquiescence which they in the marriage state.
Where a wo
had received. man spoke " in periculo mortis" this Mr Justice Richardson agreed principle did not apply, and there with the other judges, that the evifore the evidence might be received; dence of Mrs Stent ought to be rebut this was not the case in the pre- ceived. It was a general rule, with sent instance,
very few exceptions, that a wife was Mr Adolphus addressed the Court an admissible witness against her
VOL. XII. PART II.