R v Newton and Carpenter

JurisdictionEngland & Wales
CourtHigh Court
Judgment Date01 January 1859
Date01 January 1859

English Reports Citation: 175 E.R. 887

QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER

Regina
and
Newton and Carpenter

York Summer Assizes, 1859, coiam Hill, J. regina v newton and carpenter (A D having had a rape committed upon her by the two prisoners, next day, in distress of mind, cut her throat, and being likely to die, a magistrate was sent for, and, in the presence of the prisoners, her deposition was properly taken. She was told she was likely to die, and she died a few days afterwards Subsequently other witnesses gave evidence against the prisoners before a different magistrate, and to these latter depositions the deposition of the deceased was attached, without any separate caption Held, that the deposition of the deceased, having no caption showing on what charge it was taken, was inadmissible in evidence , nor was it admissible as a dying declaration, as it did not relate to the offence which caused the death ) The prisoners were indicted for a rape on Amelia Deighton, on the 23rd of April Campbell Foster and Vernon Blackburn appeared for the prosecution, and Price for the defence It appeared that, on the 23rd of April last, Amelia Deighton was going, about 9 o'clock at night, from Greensicle to Chapeltown, near Sheffield, on an errand, when she was met by two men, whom she swears before a magistrate to be the two prisoners, who dragged her into a stone quarry, and there one of the men held her whilst the other committed a rape upon her She cried out and resisted as much as she could, but no one came to her assistance, and she was overpowered She was met shortly after by a man named Flanmgan, with her bonnet crushed, crying, and in great distress The two prisoners were seen together entering an inn in the neighbourhood shortly after that time, out of breath, as though they had been running, and one of them said to the other-" They will never think of [642] finding us here ' Afterwards Amelia Deighton came to that inn late the same night, accompanied by a policeman, and picked out the two men whom she charged with having assaulted her as described. Next morning early she was taken before a surgeon, who examined 888 GORDON V. POTTER I F. & P. 643. her with a view to giving evidence on this charge against the prisoners From the surgeons she went direct home, m great distress of mind, and on arriving there, went into a privy and cut her throat A surgeon was sent for immediately on the discovery being made of her state to attend her, arid he...

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2 cases
  • The Queen v Thomas Galvin Jun., Thomas Galvin Sen., and Michael Farrell
    • Ireland
    • Court of Criminal Appeal
    • 1 June 1865
    ...Appeal. THE QUEEN and THOMAS GALVIN jun., THOMAS GALVIN sen., and MICHAEL FARRELL. Regina v. NewtonENR 1 F. & F. 641. Regina v. LangbridgeENR 1 Den. C. C. 448. Johnson's caseENR 2 Car. & K. 335. Regina v. Mullen 9 Cox, Cr. Cas. 339. Regina v. Smith 2 Starkie Rep. 208. Regina v. WalshENR 5 C......
  • Rex v Mdhluli
    • South Africa
    • Invalid date
    ...for the Crown: As to the last point raised, 30 and 31 Vict., Ch. 35, sec. 6 was passed in consequence of the decision in Queen v Newton (1 F. & F. 641). Under the English statute notice in writing to the person accused is essential to render the deposition admissible. I cannot contend that ......

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