Star. — London, England, 1802-11-01 00:00:00

about a yard and a half from the door, when they , acquit him, merely Ineattle the httiband of the were affailed. The witness had never leen the witnefs was joined in the fame indiament. Had po:ting bills offering a reward of 501. for the de-1 Mrs. Brifcoe's evidence been of that nature that it tedion of _he Turd revs ; if he had feen them it would tend to convict Denham, it might have heed woul4 have been to no purpofe, as he could not brought forward in fupport of the charge, as the read, and he never even heard the reward men- Lawyers for the Crown had it in their option to • tioned in,converfation at the Public Offices or elle- 1 indid the parties feparately, in which cafe they where 4 till now that thefe cpteitions were put to' might have the advantage of Mrs. Brifcoe's tef him.in the Court. He was taken up for this offence, ' timony againft any one but her hulband. If then, on account of being in the company, but not fuch was the cafe when evidence was to be given know that any one had accufed him of the murder. against a prifoner, how mach more ftrongly fhoulJ He had been, he laid, at lea, and made a voyage the principle which directed the ellablithed rule , to China, but had never touched at Botany. Bay. of evidence to apply to the fituation of a defendant, Two printer's boys, Howlet and Robinfon, laid, actor ding to that maxim of Law, "Junior 41 eon they were at the Harrow public-houfe, but not in diiio defendentis ?" The prifoners had no option in company with the prifoners at the time of this the manner of their being indieted, and if he fuc tranfaltion. They faw Brifcoe and others go out ceeded not in this application, the confequence when the former was called, and heard him on his ! would be, that the Crown Lawyers, making the return lay, " we have had a bloody row." Neither indkhnent a joint one, deprived Denham of the .of them had been fpedators of the fcene, as they , Itrongeft evidence he could produce in his defence. did not quit the public-houfe while it was going for- He further fubmitted, that his propofal was a mat ward, as the's , had nothing to do with the brifinefs. ' ter of indifpenfible neceffity, from the difference James Hurff was in company with the prifoner fubfiffing between the prefent charge and every Brifcoe, on the Wednefday following the murder. other crime. Whatever was done now would be Brifcoe afked him if he had leen polling bills about irrevocable if the parties were convicted, for the the greets, defcribing the murder of a Brewer's Aft of Parliament which enjoined that the fentence fervant, in Compton-Greet. Witnefs Paid he had fhould be executed in 48 hours, left no time for not : when -Brifcoe entered into a detail of the in- revifion or future confideration. fult offered to his wife by two men ' • adding, that Mr. CONST and Mr. KNAPP replied•to this that he had fallied out of the public - hou fe, with Den- when two parties were affociated in the fame ham and others, and had da ll ied a knife into one crime, the regular proceeding always mull be to of them up to the handle ; followed him up, giving indilt them jointly, but in fo doing, they were not it him a fecond time. He alfo laid, that he had excluded from the advantage of any evidence the tempered his knife only a week before, and it would Law and rules of evidence would otherwife have turn to nothing. permitted. All the prifoners were competent to Chapman, an Officer, produced a knife taken make their feveral challenges at the commence from Baker, which not only anfwered the apertures ment of the trial • the effect of whiCh would be, made in the deceafed's clothing, but was Rated to their being tried leparately. If that had been done be the fame Smith had feen in the poffeftion of by themfelves or their Counfel, Denham might 13rifcbe the day of the murder, but did not turn have had all the benefit he could expect to receive out to be fo, as it had not a buckhorn handle. from Mrs. Brifcoe's teftimony ; and if they let the All the witnelles difclaimed being in the leafy opportunity go by, it was erroneous to fuppofe, influenced by the reward of 501. offered for the con- that if there fhould be any doubts in the mind of villion of the murderers. the Judge, or any miftaken circumflandes in the Jofeph Clarke flitted himfelf to be houfe Surgeon cafe, the Judge had not the fame power of reviling of the Middlefex Hofpital, and was in the houfe it as in any othcr, and therefore., that obfervation when the deceafed was brought there. He deferib- did not apply. Upon the whole, they confidefed ed the nature of the three wounds, which he ccn- the application as novel, unprecedented, and un ceived mutt have been inflicted by forme pointed, neceffary, fuch as the Court could no more liften !harp, flat inftrument. Of thefe wounds, that on to, than to that for a Special Verdid, and intend the left fide of the belly was the only one mortal, ed as an indirgtt mode of exciting the compaffion as the interlines fuffered by it. All wounds in the of the Jnry ; whereas, the Law could in no cafe interlines were confidered to be mortal, though permit a wife to be evidence either for or againft fornetimes they were known to have been cured. her hutband. 1e believed the wound mentioned to be the caufe Mr. Baron THOMPSON was averfe to difpenfing of the man's death. It might probably have been with the wife and eflablithed rules of Law, and in a better Rate than it exhibited when he faw it, could not think himfelf jaified in admitting the if it had not been to long negleCted ; but that was evidence of Mrs. Brifcoe, which the Learned Conn not very material, as the inflammation in Inch a Eel himfelf had confefl'ed muff operate equally for cafe does not immediately commence. He died in her hutband as for Denham. There were, indeed, twelve hours after being taken to the Hofpital. inftances, where wives were allowed to give evi- Being afked as to what the deceafed had Paid of donee in favour of prifoners joined in the fame the manner ofhis receiving thofe wounds before he tindielment with their hulbands, fuch as to prove died, Mr. ALLEY, for the prifoners, objected to it, an alibi, lunacy, or fomething elfe which may be unlefs the deceafed, at the time of his making them a fufficient defence for one party, at the fame time declaration, 4las in full expeClation of his approach- hat it had no mine/lion whatever with the other. in g di lolution. Mr. ALLEY Paid he did not expeCt to fee himfelf /dr. Clarke laid, that the deceafed did not ap- fo hardly dealt with on the part of his learned pear to him to be fenfible of his approaching death, friends, as to find them furpeeting that he withed twin which the Court over-ruled the queftion. to take an indirect mode of - exciting the compaffion The evidence for the profecution being here of the Jury. He (corned any Inch prallice, and elofed, Mr. ALLEY begged leave to aik,, whether never had, nor never would adopt it. He bowed on account of the variance in the evidence, the with great deference to the opinion intimated by Court was willing to have a fpecial verdict given i the Court, but hoped for its indulgence, if having Mr. Baron THOMPSON Paid, that the variance been called upon for precedents, he took the liberty retied with him to reprefent to the Jury, and when of quoting lonic few which occurred to him at be was in poleffion of the whole cafe, fhould any :he moment, for he was in a great meafnre un evidence be called for the prifoners, he would be prepared, hiving been heftily applied to, by his better able to form a judgment, and to dire& the prefent clients. The &ft cafe he would refer to, Jury whether or not their verdict fhould be fpecial. would be found in the Crown Reports, , the King The prifoAers being asked if they withed to fay v. Perry, in a cafe which came on to be tried, ac any thing for themfelves, Brifcoe replied that he cording to the Ad of Parliament, in Briftol, be bad nothing to urge ; -that he left the.public-houfe fore the Recorder, Mr. Grass, whom his Lord to go to the affiftance of his wife, but having no (hip knew to be inferior to no perfon whatever in knife or other (harp inftrument, could not have profound legal. knowledge. Mr. Perry was in given the wounds, and firmly believed them to dided for running away with, and marrying an Have been iaflided by, the Witnefs (Wm. Smith) , heirefs againft the form and meaning of the astute. himfelf. On his firft coming up, he raid he was Mr. ERSKINE went down there, being fpecially de knocked down by the deceafed. Denham con- rained ; and for the defence call Mrs. Perry, tented himfelf with alerting his innocence, and the wife of the defendant. This nail of courfe ob denying that he gave any blows ; and Baker, not jetted to by the Counfel for the Crown, and, after being called upon, Paid nothing. very long and elaborate arguments on both fides, Mr- ALLEY then humbly begged the permiffion Mr. Gouts decided that the was a competent wit of the Court to fubmit, that it was his with to acts, and, on her tefiimony, her hulband was ac produce in the defence a witnefs the molt eompe. quitted. The principle on which Mr. GIBES decid tent to prove the innocence of the parties, but to ed, was that in which be now applied for the ad whom he was apprehenfive fome objections might miff on of Mrs. Brifcoe, being ex meditate rem, the be made, he meant the wife of Brifcoe, whole ref. ftrongeli of all prin c ipl e s. Th e f econ d p rece d ent timony could not fail of acquittin De nham, even he would refer to, occurred in the trial of Lord were it not allowed to operate in favour of her huf. Audley and his fervant, for committing a rape band. He was aware that Lord Hale had laid upon his Lady, who was allowed to give her evi. it down, that a wife could not be compelled to deuce in proof of that abominable crime. The give evidence in a cafe where her hutband was in- third he would refer to, was that of a perfon ac eluded jointly with another or others in an Will- cured of committin g o n hi s wif e a cr i mes non wad anent, though her tetiimony might tend to convict nandson, under which he was convicted folely upon the other parties, and have no reference to her hull her teflimony. There three admiflions of fuch band's (hare in the tranfeltion. When he quoted 'witneffes, and he had no doubt, that, had he time this, he was certain that.he produced the a l ongeft to inquire for authorities, he would find them authority that could be cited againli hiln ; but pretty numerous, were made ex neerpate rd. It however great the refpelt that was jurily paid to was that alfo on whichhegrorinded his application, the opinion of Lord Hale, and the wifdom of our for he conceived the cafe to be perfectly novel, for, anceftors. the authorities drawn from them were on a certain caufe, in which he was engaged, he not wholly to govern cafes which were quite novel once had the indufli y to- travel through all the in their nature. Courts mull be guided as well by hooks and cafes he could find on this fubjeEt, from modern expetience in new circumfiances, as by the the Revolution to the prefent time; and he was collective wifdom accuniulared in the progrefs of ready to alert, that he had not met with any fimi-' time. Lord Hale here (poke of a wife not being lar to the prefent. The cafe then being quite new compelled to give evidence which may operate required a departure from the urn:it praltice, and againft her hut:bond ; but that was no argument it was no fubverfion of ancient rules to adopt here why the might not be prodttced.iu favour of a per- a new one, which would be more applicable to fon joined in the fame indiament with him ; and all the circumfiances. • when that was done, he muff candidly confeli, that Mr. Baron THomPSON laid, that in the cafes re . here the fame evidence which would go to acquit ferted to, the wife was admitted only in proof of the one, mull of meaty jullify the other. How- perfonal injury, of which there could be no other ever new and unprecedented his prefent application evidence. He had a very great refpee for the may appear, he was confident the wifdom of the Judge alluded to ( Mr. Gibbs), in the Brian' caufe Court would go before him in afcribing it to a fenfe quoted. but he believed, the ground of his admit of duty tolliv Clients, and not to any prefumption ting Mrs. Perry's evidence, was, that had the or vanity in him ; for Purely thefe rules of law and been forced away by violence, the might give evi. evidence, the wifdom and excellence of which deuce againft the defendant ; and therefore, in the I were In truly admirable, muff wear an afpett of ciOniou of . thnt Judge; ought to be allowed to; injullice, and even cruelty . , if interpored to prevent give her teaimony in like manner for him. .1 an innocent man from bringing before alury the The fira wimeti called. for the defence was's; principal, and perhaps the only eviAle;oec that. SA , young man, of the name of Langtitoroe, whi, flitted that he liveAin the fame Cqurt with Brif. cue's family, and tile witnefi who gene. I rally went by the name a Royßon, but had never known or heard of this murder, or that thele parties were accukd of it, till the Thuifday fol lowing, whcn.Smith fent his lifter for him, and in his father's garden informed him-that it was he who (tabbed the man. On his crofs-ex.iinination he could aflign no reafon for this gratuitous die= cloture, and Isvoi e that he was not aluattd by die temptation of any rewardd. He never men tioned the circumfiance, he faid, till ht heard that Smith, who was the guilty man, had turned againti the others. Henry Creffwell, a keeper of the Counter pri fon, proved that Denham had voluntarily come to him to furrender. Not knowing him, he refufed at firft to admit him, but allowed him to be de tained, when he infifted on remaining. Southwell faid, he was a prifoner confined in a cell, in the New Prifon, when Smith was a pri loner there, and that the latter told him he ran out with the others from the public houfe on hear ing the cry of Jem! and that he was quite fide, for though it was Ile who [truck the man, he ex peded to be admitted as evidence. On being crofs-examined, he admitted that the coaverfation took place through the bars of a grat ing, that Smith was a ttranger to him, and that at the time he could fee no more of him than his face, and the red handkerchief he wore. A number of witneffes were then called to the charaatr of the prifoners, particularly to that of Brifeoe I the accounts given were in general fa , vourablc. POLICk --O• , )attir(L:y a 11.•,; -, • to the Lit, at the Office, in Bow-area, (.1 of (leafing linen, the t rut h o f w hi ch he but exprcifed much co ncern at the thoti.f,!!,, mauling in confinement till the next fte. , )s. . 1; , ( attention of Mr. KI NNARD , the officiating trate, being otherwift enga ge d, t h e offender v.:itt-11. cd his opportunity, and, Imperccived, to!ed i fr n id g ! r a ok li e as tov a r r r e a e— n t cl fa yiew hdl ucceededin gaini ng t h :: oft/. a, or (te c l ii ,; ( fpeaking) hue and cry, was given, and the ficettit hounds of the pack being laid on tAe fiat, pii up Bow-fireet with the inoft melodious voci kr.,- tion. The fugitive, however, matirg a (kat Long-Acre, got to earth, and the pack rcttnn,d wearied and difappointed to kennel. The young women of Walmer Caine, on-• (- 4 7 whom unfortunately 101 l her life in :lumping to bathe, were induced to chaf e a l ate h our at nigbi. for the purpofe, by a trick previoufly played (A fume young people, who agreed. to meet early i n a fine morning to bathe. A man heard the ap. pointinent, and watching them, flepp e d from b e . hind a boat as foon as they were in the water, ran, away with their clothes, and kept them fome time without them. Who can, after the fatal cataf: trophe which enfued, dare to calculate the extent of mifchief a frolick may produce ! 'C Mr. Baron Tuompsow then entered upon his charge to the_jury, which, necefrarily, was of con fiderable length.—AFter which the Jury retired for about a quarter of an hour, when they pro nounced the following verdia—Brircoe, Guilty of Mantlaughter ; Dei'ham, Ditto ; Baker, Not Guilty.—Which appeared to give general fatis faetion to one of the rnoft crowded audiences we have ever Peen in that Court. The trial lafted near nine hours. The trial of Francifeo, the Tyrolefe, for rnali cioufly (hooting at. Mr. Maryan, of Lombard. ftreet, &cl which hood for that evening, was pohponed till Monday. Five were convi&ed of felony, via. E. Jones, for healing a pair of cotton ftockings, the property of S. Burford. Mary Littlffield, for healing a cotton &awl, the property of W. Clark. 7. Brown, for healing a wooden calk, value Bs. the property of Meffrs. Church and Shaw. 7. Earle, for flialing 69 yards of ribbon, the property of S. Pusford. .7. Wat . fon, for healing three pounds of raw cof. fee, the property of fame perfons unknown. And three were acquitted. Edward Martin was indieted for felonioufly heal ing, on the Bth of October, twelve ounces weight of feathers, value as. the property of.Meffrs. Thos. and Geo. Seddon. The profecutors, it appeared, are eminent up holßerers in Alderfoe-ftreet; the prifoner worked in their employ. Sufpicion being entertained of him, an invelligation took place on the evening of the Bth of Oetober : immediately after he had left off work, and was jua outride the premifes, he was called back, taken into the compting-houfe and fearched, when the property laid in the india ment was found in his pofTeffion. Mr. Seddon, who attended, obferved, it was impoffible to fwear to the identity of feathers, *hough he had no doubt of thofe produced being his property. None of the witneffes could fwear that any feathers were n iffed from the premifes. The prifoner left his defence to his Counfel.— No witneifes appeared in his behalf. The Jury, after a very thou conference, acquit ted the prifoner. Martin was tried on a fecond indictment, for ftealing-, on the fame day, feven knives, value gs. and feven forks, value 3s. 6d. the propzrty of Mr. Thomas Seddon. - The charge, it appeared, rofe ont of the faEt, that while the prifoner was in cuflody on the fii It charge, apartments, raid to be his, were fearched, and in them were found the knives and forks laid in the indictment, which were duly identified as the property of the profecutor. The witnefs who fearched the apartments was alked by the prifoner's Counfel—how he knew they were the prifoner's lodgings ? A. His *. ife told me fo. O How do you know the was his wife ? A. The woman Paid the was. This not being held fufficicnt evidence by the Court, the other witnefres were queftioned refpeet- . ing the lodgings, not one of whom could (wear they were the prifoner's. The RECORDER obferved, that though in this cafe the property may be clearly the profecutor's, yet, as the mode of fixing the charge upon the prifoner was by the intervention of lodgings, it was necelTary thofe lodgings fhould be proved to lie the prifoner's, which not being the cafe, the charge could not be brought home. Verdict—Not Guilty. The RECORDER admonifhed the prifoner to be careful in future—he had two very narrow efcapes. The prifoner promifed he fhould never be feen - there again. THAMES POLICE OrrlcE.—On Saturday JOHN HARRIOTT and WILLIAM BRACCe, Efqrs. had fe veral cafes laid before them, but the molt (hiking of all was, a groupe of blacks, whites, and mu lattoes to the number of upwards of forty were pnt to ihe bar, on a charge of being found lying about the New Dock at Poplar, in a vagabond way, without (hoes, or hardly any covering upon them, and fufpetted to have committed various depre ditions in that quarter, which alarmed many peo ple. Being queflioned how they came into that deplorable fituation, and as to their lying about lisne-kilns in the nigh t , t h ey i n general laid that they had been at fea, and (pent their money, and, hiving no refuge, they went under die warmth of the Kos for want of better habitation. Being called • upon to know what - country they refpedively he longed to, they turned out to be chiefly Ameticars. However the Magittrates confulted how to dilpofe t or dim, being chiefly foreigners, until the.Confula of their reptEtive multrits will receive them. The 29th of this month the Engli(h State 1.4 tory begins Drawing. SCHEME. of £2s,cco I 8 o f L saa 3 of io,cco 22 of 3 of 5.000 44 of 6 of 1,000 I & 9,403 of 79 N. B. Only 32,c 3c Tiacts inftcad of Go,cco. The Tickets and Stamped Shares that may b e entitled to the above Capital Benefits ar e on s a l e at Nicuot.soN's Fortunate Office, No. 16, C orn . hill : where, in the prefent Year, Tv.o Pri7 ts( f 20,0001. and 5,0001. each, were fold, divided into Shares, and one of 20001. in a Whole Ticket * * o' Be careful to fee that every ;;hare is firmed by J the Public's Moll obedientaad much obliged hum ble fervant, w. N - - STATE LOTTERY OFFkEe - HORNSBY and Co No. 26, Cornhill, London.—The Nobility and Gentry arc refpeafully acquainted that the Eng. lifh Lottery begins Drawing next mont h, and that it will. be advifeable to lofe no time in purchAfing Tickets and Shares, as they will foon advance.— The Scheme,which may be had at HORNSBY and Co.'s is univerfally approvzd of. Clubs and So. cieties lay their money Out as they eolith it, not waiting as in former Lotteries until two or three days before the Drawing.-25,00'21. for the Era. drawn Ticket has wonderful attiaOion ; the fecond day, to,cool. the third day, and 25,0001. the fourth day, betides Capital Prizes for every day's drawing. The laft Lottery was quickly dill pofed of—Tickets rote to an extravagant price.— The prefent Lottery bids fair to furpafs every pre. c;ding Lottery. —Prizes paid on demand. ECCLESIASTICAL. PREFERMENT. On Saturday laft a Difpentation ixifted the Creat Srsl tor enabling the Rey, John * CuWier.; 44.11ter of Arts, aucl. Chair:La to the Right lion. Lord Bridporf,to hold the Recion of Comb p,yne. in the County of Devon, together with th, itecclory .411tenven, in the County of porter.. BIRTHS. At Abbeyfield, In Chefhire, the L 7.4 of Col. Ford, of a kn. On Saturday fennight, Mrs. Penwell, of Balcrfca, of a cue. The lady of John Biker, of Broorntitld, county of Cavan, Efq. of a fon. RIED. On the 26th ult. at Bifhop Wearnotth, Row`atie. jun. Efq. to Mif; Mari Mah:?z, daezh:er of Efq. Grange, in thy.: Cr :;;ity of Durham. On Friday laft, e Ernfworth, Hams, by the Rev. M. Fellow of Jcfze• College, Uxfor 1, T. V.'. Kira, rq. of a chefter, Sidf...x, to Mifs Ann I in:. Jufeph Holloway. Efq. of Enif:, , :oft!i. On the I tth ult. W. WonjfivorVi, Efq. author rf L?r al Ballads, &c. to Mifs Hutc;.ittfoni of 111:...ykt1i.:m, - near Srar'•r::. At. Great Budworth, Chelhire, It Ir. 5.:31 ucl Lowc. of \ r i wich, to IVB7s fk - affey, daughter of Daniel Mr. , fl4, Efq. of Dun ton-Hoofe, near Nurthwich. _ _ At Bifpham, Mr. John Bibtey, of Livzrpool, to .Al:rs 13:46. belt, of Biipham. Late'y, at Mere, Mr. A. Ryal, youngcit fon of Mr. T.Ryal, woolftapler, of Kilnunten, to Mifs Butt, dauzhtt..r of :hint.- mund Butt. On the 28th ult. at St. George the Martyr, Qiieen.fvare, b! the Rev. Mr. Cooper, H. J. Tucker, Ffo. of Wake fi eld, Ann's, Jamaica, to Mifs A. Davics, drugliter of John Davi:* Eq. late of Lincoln. On Wednefday, at Taunton, Colonel de Viftre, latz of the Col&lmam Guards to Mrs. Halls, ss ;dow of R. Halls, M.D. Thurfday, et Totteri.'gc, Ftlward ,lrr.lwfmith, of Layton. [lone, Efq. t.r ltelifs Lonifit Lee, of Tottaidgc Park, Herts. At Shinrone, county Tipperary, Wm. Smyth, ef IsTcnash,t2 Mils Elizabeth Dolan, daughtvr to W,o. f, ,tan, At Derry, King's county, Mr. Joihua Smith, of Limerick, merchant, to Mils daughter or Ainoi Palmcr, At Croom, Rody Scilly, of Silverfort, county Tipp:%rF. Efq. to Mifs Lyons, eldcil dai,Thter of D'enis Lyons, ni t . Lieutenant Rea, Royal Maines, to Kirtr, of Gra:c2- Area, Dublin. At Beer-Haven, the Hon. Rc.bc.t-t Hort:vman, Captain of Fs Majefty's (hip Topeze, to Mifs Mr. John Broderick, of fald Albert Stubberman. Ifq. to N i ifs Helm i•Carthy, of Denis M.C::rtfiy, of ctktrulag..na, DILD. On Thurfilay fe'taliglit, in St. James's -ft - rem Dublin, Mr. John Edwards, an eminent difliller. He had fpent the ea! agreeably in company, and after Copper 7-Aired to be tt ar; In good health, wheal he was attacked with a fpafinodic :OP plaint in the ftomach. which immediately proved fatal. In Great Britain-ftreet, Dnhlin, Allis Margaret daughter of the late Rev. Mr. .Ipjohn, of the Kit.g'N On the 21a ult. at Admiral Scott's Mode, Charles Winßun ; , H . q. of Don:Mica. On the 16th ult. at the Hot wells, Briftel, • —.- daughter of the iliexon, late Rcc t, t It - Bret, Stafford r f i re. On the 26th of Auguil lift, after an ilhicfs of .St. George'A ' In Grenada, Mr. Edmund Parker, too c . Reginald Parker, of thißank. On Saturday the 16th ult. at Braxton-hall, the 1 .2::v. Minter, Vicar of Almondbury, and Chaplain to the Athol. On the loth inft. at noelden-green, near Kendal, t h r F Fleming, a Roman Catholic ciergymm. in Blackpool, Cork, Mr. fdw.ird Hatton, one of the i . e . : Tic called Otialv rk; lac was found dead in his bed . the 1;i:!it fore hi; dcrafe, he betrayed no fymptomc of indifp , 11 fumed with a good appetite before hi 4 rt tirtment tr rift. HIGH WATER AT LONDON BR I I )i; 10-AiOI:ROW Morning 53 ininute atter 6 Mc: notai . 1~ LONDON: Prirted forth; Pr. , ;lrkturs, by JOHN DANyi of Carvaby ftree: )at the STAR I'AINTING-Orrcr, 1. Carcy-ftreet ; and pnbilthed by LEVEL KENT, (" f terbary-placc, Lambeth) at No. r, Carey-ftrect, and at the STAR-Orrice, Temple-Bar; to which Office ,dl cornamr. -- cations for the EstTosarg rcquoited to be addreiled•