As one among many of the cases which illustrate this bad feeling, we may
refer to that of Samuel Clark who was indicted at the Essex Quarter
Sessions, in January, 1824, for feloniously stealing at Little Leighs,
on the 26th of December, a woman’s shift, a bed-gown, a night-cap, and a
pair of cotton stockings, the property of James Chinnery. It appeared in
evidence, that a young woman the wife of a labouring man named James
Chinnery, had been buried in Little Leighs Church-yard, on Sunday the
21st of December. Previous to her death she expressed a wish to be
interred in a night-cap, shift, bed-gown and cotton stockings, and her
request had been complied with. The body was discovered on the morning
of the 26th, in a ditch near the church-yard. A few rods from this spot
was found a horse yoked to a chaise cart and tied to a tree. It appeared
that “the box under the chaise cart was calculated to hold a couple of
human bodies, when rolled up; and on examining it, a most offensive
odour proceeded from it, as if it had been recently used in the
prisoner’s _unhallowed_ occupation.” The prisoner owned this horse and
cart, and this is the whole of the evidence, at least, as stated in the
report of the trial, which implicated him in the robbery of the grave.
Under these circumstances, the counsel for the prisoner submitted to the
Court that there was no case to go to the jury on three grounds:--first,
that there was no proof of any asportation of the articles alleged to
have been stolen: secondly, that supposing the asportavit made out, the
prisoner could not be convicted of this offence, unless it was manifest
that he had a felonious intention of taking the clothes and converting
them to his own use; and thirdly, that, at all events, there was no
evidence upon which the jury could safely be called upon to act, so as
to implicate him in the alleged offence. The counsel for the prosecution
in answer urged, first, that the finding of the body naked, after proof
that it had been interred in the clothes mentioned in the evidence, was
sufficient proof of asportation: and that even stripping the body
without removing the clothes out of the grave, was, in law, enough to
support the indictment: secondly, that although the primary intention of
the prisoner might be, to steal the body only, yet, if the clothes were
taken, the law would construe them to have been feloniously taken: that
it might as well be said that although a man’s intention might be to
steal a valuable jewel, yet it was no offence to take the casket in
which it was contained: and thirdly, that whether the defendant was the
party to whom guilt was imputed, was a question solely for the
consideration of the jury. On the prisoner’s counsel insisting that his
objections had not been answered, the Chairman overruled the two first
objections, and then summed up the evidence, on which the jury, after
deliberating a few minutes, found the prisoner _Guilty_. The verdict, it
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