The Case of William York

JurisdictionEngland & Wales
Judgment Date01 January 1809
Date01 January 1809
CourtCourt of the King's Bench

English Reports Citation: 168 E.R. 35

THE COURT OF KING'S BENCH

The Case of William York

Infants liable to capital punishments

the case of william york. (Infante liable to capital punishments ) At Bury Summer-assizes 1748, Wilham York, a boy of ten years of age, was comvicted beiore Lord Chief-Justice Wilks for the murder of a girl of about five yews of age^ and received sentence of death : but the Chief-Justice, out of regard to the temder yeais of the prisoner, respited execution, till he should have an opportunity of taking the opmioB^of the reit of the judges, whether it was proper to execute him or not,, upon the special circumstances of the case , which he reported to the judges at Serjeants-inn in Michaelmas term following. The boy and girl were parish children, put under the care of a parishioner, at whose house they were lodged and maintained; on the day the murder happened, the man of the house and his wife went out to their work early in the morning, and left the children in bed together ; when they returned from work, the girl was missing ; and the boy being asked what waa become of her answered, that he had helped her up and pmt om her cloaths, and that she was gone he knew not whither. Upon this, strict seaich was made in the ditches and pools of water near the house, from an apprehension that the child might have fallen into the water. During this search, tke man, under whose care the children were, observed, that a heap of dung near the house had been newly turned up ; and upon removing the upper part of the heap,, he found the body oi the child |71] about a foot's depth under the surface, cut and mangled in a most barbaroms and Lornd manner Ñpom. this discovery, the boy, who waa the only person capable of committing the fact that waa left at home with the child, was charged with the fact, which he stiffly denied. 36 THE CASE OF WDLLIAM YORK FOSI. 72. When the coroner's jury met, the boy was again charged, but persisted still to deny the fact. At length, being closely interrogated, he fell to crying, and said he wotild teS the whole truth He then said, that the child had been used to foul hpfseK in bed ; that she did so that morning (which was not true, for the bed was searched amd foufid to be clean) , that thereupon he took her out of the bed, and carried her te the dung heap; and with a large knife, which he found about the house, cut ler in the manner the body appeared to be mangled, and buried her in the dung-heap ; placing the...

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2 cases
  • The King v Brasier
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1815
    ...by a marginal note to a case in Dyer's Reports (Dyer, 303, b, in marg.; 1 Hale, 302, 634 ; 2 Hale, 279 ; 11 Mod. 228 ; 1 Atkins, 29 ; Foster, 70 , 2 Hawk 612 ; GiIK L. E. 144); for these notes having been made by Lord Chief-Justice Treby, are considered of great weight and authority , and i......
  • R v Elizabeth Owen
    • United Kingdom
    • High Court
    • 6 April 1830
    ...named York, who was only ten years old, was convicted of a murder ; but in that case there was the strongest evidence of guilty knowledge (Fost. 70) Littledale, J.-I think I must leave it to the Jury. The prisoner was then called on for her defence. [237] Littledale, J. (in summing up) said......
2 books & journal articles
  • Why (jury-less) Juvenile Courts Are Unconstitutional
    • United States
    • Emory University School of Law Emory Law Journal No. 69-2, 2019
    • Invalid date
    ...The History of the Pleas of the Crown 16-29 (1736).187. Id. at 22, 26-29.188. See The Case of William York (1748) 168 Eng. Rep. 35, 35, Fost. 70, 71.189. See id. at 36.190. See The Case of Elizabeth Harris (1753) 168 Eng. Rep. 56, 56-57, Fost. 113, 113-15.191. Id. 192. R v. John Davis (1823......
  • Braid of Feathers: American Indian Law and Contemporary Tribal Life.
    • United States
    • Michigan Law Review Vol. 94 No. 6, May - May 1996
    • 1 May 1996
    ...not on the efforts of non-Indian public officials or scholars,(69) but on the tribal-federal institutional dialogue he has attempted to foster.(70) In the last analysis, for Pommersheim, the keys to reform in federal Indian law are translation, education, and a resulting empathy. Tribes are......

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