Birmingham; but from the embarrassed state of his circumstances, found it necessary some time ago to leave the country. My sisters and I, to whom he had given a good education, remained at home. Early in September I went into the family of Mr. Shipman, as governess to his three daughters, the eldest of whom is nearly 14, the second 10, and the third 7. On Friday the 19th of December, I was violently ill with a pain in the chest, and a heaviness, and I retired to my room about seven o'clock. Between eleven and twelve the servant, Clara Johnson, came to ask how I was. Having received no abatement of pain, I told her I was exceedingly ill, and begged that she would ask whether I should bathe my feet in warm water. On her return the girl told me that her mistress had sent to her master, and he would be up directly. Before I had time to express my disapprobation of so extraordinary an intention on the part of Mr. Shipman, he entered the room. Having covered my head with the bedclothes, and made no reply to his inquiry how I was, he pulled down the clothes, took both my hands, and placed me by force on my back, desiring me to look at him full in the face. Again he asked me what was the matter with me? I said I had a violent pain in my chest. He asked where my chest was; and I said he must know; and that he was trifling with me. He then desired Clara to fetch some brandy. She went down for it. The children were in the room, but they were asleep; the eldest girl was in bed

with me. When Clara left the room he put his hand over the upper part of my person, and told me the pain was not in my chest, but in my stomach. My endeavour to remove his hand was quite fruitless, for I was extremely weak, and my breath was so violently affected as to render me wholly incapable of remonstrating with him. The first words I addressed to him when he entered the room were, that I had not sent for him, but for Mrs. Shipman. When the girl returned with the brandy, he removed his hand from my bosom, and obliged me to take some brandy, after which I entreated him to leave the room, which he at first refused, but afterwards consented to do, declaring, however, that Clara should go, and that no one should stay with me, whether I was well or ill. Both went away together. About 5 o'clock in the morning I awoke in great pain, and was quite hyste. rical; my cries awoke Mr. Shipman's eldest daughter, jumped out of bed and ran to her parents room. Mr. Shipman came in a few moments after his daughter had left the room, but said nothing, and went away immediately. Clara then came, and said her master had ordered her to dress and take me down. I refused to go, saying to the girl that the bed was better for me, as I was ill. He called repeatedly to know whether I was coming down; and I, finding objections useless, told the girl she might dress me, and take me down. He was at the bottom of the stairs with a candle in his hand; he had on a night cap and waistcoat, but

who

no

no coat, and he assisted the girl in bringing me into the room, where, before a large fire, there was a sofa, on which he placed me. I complained of the excessive heat, on which he sent Clara for the tea-things, and said the fire was not hotter than I could bear it. My breath grew worse, and I felt dreadfully ill. At that moment the girl entered with coal and tea-things. He insisted on my taking tea, and raised me up for the purpose of doing so. Upon compulsion I took two cups, and he said I should have a third. There is a cup-board in the room, where different kinds of drugs are kept, amongst which is laudanum. Before he brought the third cup he went to that cupboard and filled it there. I refused to take it. He said I should, and raised me up, and presented the cup to my mouth. I perceived the smell was nauseous, and again refused. He declared that I should, or he would drench me with it: at the same time he took hold of me by the nose, forced it down my throat most violently, and threw me down on the sofa. He sat on the sofa. One of my teeth was broken, but whether it was at that time or not I don't know. Clara came in while he was drenching me with the tea, and he desired her to take the bone out of my stays. I was in violent agony, and I motioned her not to do it while he was in the room. He went out. I thought I was expiring. Clara on removing the bone retired. He came and sat at the foot of the sofa, and gave his hand more unrestrained liberties than before upon my person.

The servant came in, and he removed his hands, with one of which he had held both of mine. In answer to his inquiry, she said she had come to prepare the room for the family. He desired

her to remove me on the sofa into the kitchen. As well as I could I told her to carry me to bed, but he said it was useless, for I should not go, and he removed me into the back kitchen on the sofa, near the fire, and put the shutters up; Clara went to do her business, and he sate beside me, and repeated the liberties I alluded to. At that moment Clara came in. There was a nauseous taste in the last cup of tea I took, which was not in either of the other cups. I have since smelt laudanum in tea, and it is my firm belief that laudanum was mixed in the third cup. My illness increased, and Clara, by his order, put me to bed, where I grew worse. Mrs. Shipman came in on hearing me scream, and Mr. Shipman made me take castor oil. What oc. curred from that time till 4 in the afternoon, I was wholly unconscious of. On Sunday I felt better, and contrived to sit to dinner, after which Mrs. Shipman proposed to her husband to go to chapel. I went up to my own room, Mrs. Shipman went to chapel, and Mr. Shipman came to me while I was lying on the bed, and insisted on my going down. I told him I would cry murder if he persisted in removing me, for I was dreadfully ill. He used all the persuasive arguments he could to induce me to go down; said he had not gone to chapel on my account, and all

the

the rest were out. I said he was a bad man, and supplicated him to leave me. Finding that I was bent upon not going down, he brought up a large goblet full of brandy and water. I said it was not brandy, and refused to take any. He threatened to drench me with it, and stood over me till I drank it every drop. I was then in hysterics, had dreadful fits of crying, and lost all recollection of what occurred. On the following morning I was awoke by Mr. Shipman's kisses. He told me how much his wife and children loved me, and that he loved me more ten times. I complained of the insult he had offered me, and said I should inform Mrs. Shipman of his vile conduct. I informed Mrs. Shipman of it. My illness continued with unabated violence; and though I expressed a wish to see Mr. Power, the surgeon, and another medical man, I was denied by Mr. and Mrs. Shipman. At length I saw Mr. Power on Tuesday: told him they had given me different kinds of medicine; that I had requested to see him, but had been refused; that I was very unhappy; had been used very ill, but had neither time nor power to tell him more. I continued delirious for a fortnight; the last thing I remembered was Mr. Power's coming. From Mr. Shipman's I was removed to the vicarage in a sedan, until I got better. In my bedroom there was no bell. There was, I believe, a key in the door, but Mrs. Shipman begged I would never lock the door, through fear of fire or the illness of the children. I stayed a week at the

vicarage, from whence I went to my aunt's lodgings at Birmingham. Before the Friday she had taken salts and calomel and other drugs for a cold, by desire of the prisoner. In her cross-examination by Mr. Denman, she merely repeated her former statement. The object of the learned Counsel was to obtain some admissions which might leave an impression that the prisoner's conduct was dictated by a feeling of compassion, which was mistaken for love. The witness again stated, that all resistance was impossible; her breath as well as strength having been affected, and an unnatural sensation having, in consequence of the drugs, pervaded her.

Clara Johnson deposed, that she lived as servant to Mr. Ship. man, and gave an account of the conduct of her master perfectly confirmatory, as far as it went, of that given by Miss Dalton. She described the state of health of the young lady as most deplorable, and remembered that when she told her master how ill she was, he said that was just what he wanted. She added, that when her mistress went to chapel on Sunday, her master came to her and sent her out with the child before she had time to clean herself; and that when Mr. Power came to see Miss Dalton, Mr. Shipman flung down his hat in a great rage, and said he was undone.

In her cross-examination she but increased the evidence against the prisoner. She heard Miss Dalton say in her delirium, that her master had broken her tooth; and while she was deprived of her

senses,

window; the police-men suspected James, not from any thing they saw on his part, but from the persons with whom he associated. I know that he is innocent of this charge. I have ordered him home whenever the shop is shut, but he never comes home till 9. This, though 9 be a very good hour, I cannot endure. I am convinced, and I believe James too is convinced, that it will be an advantage to him to be removed from the society he has formed here. I hope you will find him a situation in Carlisle, where he can make choice of better companions, &c."

The indenture contained a penalty of 50%., but the present action was brought, not to recover the penalty, but to obtain damages for the loss arising from dismissal.

James Dockeray the younger, examined by Mr. Scarlett for the plaintiff, stated, that the shop was shut in summer at half-past 8, and in winter at 8. He was generally home at 9. He had been out one night till 10, and his master dismissed him. He ordered him to call for his indenture next day. He did so, but his master said he was busy, and desired him to call in the evening. He got it in the evening, and carried it and the letter to his father.

Cross-examined by Mr. Raine. -He denied that he had asked or consented to leave Mr. Turner. He or his father, so far as he knew, never asked that he should be taken back. He had never been out but one night so late as 10 o'clock. Upon your oath, Sir, did you not come in as late

as four in the morning? (After much hesitation,) Yes, once. Mr. Turner takes consignments from the West Indies?-Yes. He keeps sample bottles of rum in his shop?—Yes. Did you

ever taste that rum?-No. Never tasted it ?-No. What! Did you never lessen the quantity a drop? -I sometimes put a quill into a bottle of rum, and sucked a little up to ease a sore tooth. laugh.] Now, will you swear that none of it ever went down your throat?—No, never. Not a drop?-No.

[A

Mr. Scarlett put in a letter from the defendant in answer to one from the plaintiff's attorney; it professed a readiness to meet the plaintiff in any action he might choose to bring.

Nixon was called into the witness's box.

Mr. Justice Bayley.-Why do you call him?

Mr. Scarlett.-To show, my lord, that his associates were respectable.

Mr. Justice Bayley.-The only question is, was he dismissed or not. You cannot call any witnesses to character, till his character is impeached.

Mr. Scarlett. Then, my lord, that is my case.

Mr. Raine addressed the Jury for the defendant. He would form a strange opinion of a Cumberland Jury, if they could give a verdict for the plaintiff upon the evidence of the young man who had left the box, self-contradicted and self-reprobated as he was. Why, he admitted that he had sucked a little rum through a quill for a hollow tooth. A facetious friend of his (we believe

Mr.