Star. — London, England, 1820-04-21 00:00:00

' / OLD BAILEY, APRIL 20. Willis* Arnold (a soldier, aged 20) was capitally \ indicted ter assaulting Thomas Allison, on the 3d of April, and taking from his lerson, by violence and.' • threats, d LI note. . - The prosecutor deposed that lie resided in the ser vice of Serteis, Esq. in Moutague-squire. On Suoday, the 2d.insafit, he was returning home from ..Malkin-street, through ' Hyde Park, about eight -. o'clock in the. evening, when he was overtaken by the prisoner.at Grosvenor-gate, who suddenly turned round and said, " How do you do ? I think I know you, Sir; you live, I believe, in Baker-street, or some where thereabouts." Witness replied that he was mistiken, for he resided at N 0.31, Montague-square. To this the prisoner rejoined, " Oh, yes, 31 ; why you are die very man I want." Witness answered, with surprise, " Want me! what can you want with me?" The prisoner said, it was concerning that letter be had sent him. Witness asked, what letter? and the prisoner said, it was the letter he had sent him, in viting him to come and spend an evening with him. Witness denied all knowledge of such a document ; bet the prisoner told him it would not do, and said hini, "I'll tell you what, if you clOn't come down, I'll croup you" (have him imprisoned). Witness said, " I suppose 'tis money you want," and gave him a shilling. The prisoner exclaimed, " D—n your shil ling, and kept following him on, using the most shameful threats, until he reached his master's house. Witness then said to him, " There is the house in etitich I live; I am not ashamed to skew it you."— ' The prisoner upon this said, " I'll be satisfied that. you do live there, and I'll see you go in too." Wit ness was just going in, when he said to him, "Now, I'll tell you what it is; if you give me a one-pound note, I'll never accuse you of such a thing again." . Witness said, he had not got a note about him but the prisoner toed him to go sold borrow it of his fel ' low -servants; but he told him he could not do this,. but would meet him the next day at half-past twelve o'clock. He agreed to this, and went away. Wit ness was so alarmed and agitated at the moment, as well as when he got into the house, that he *was utterly unable to speak. His reason for fixing half twelve, as the hour of meeting him on the fol lowing day, was because the family were going into •the COLltql y an hour sooner, and he thought in the interim he should have time to acquaint the police officers. The family, however, delayed some time, and while the carriage was at the door he saw the prisoner at a. short distance, waiting for him. Wit ness felt excessive tear and tvitation ; and, in the hope of getting rid of the prisoner for ever, he went to him avid said,-" Now, it I give you a one-pound note, wig you ever come nigh me again ?" The prisoner replied, " Certainly never," took the note, and went away. Witness thou ;lit he had lost sig ht of him for ever; but, on the Thursday evening following, a dirty-looking • boy came to his master's house with a letter, directed to " John, the Footman." Witness told him John was out with the carriage ; but desired him to come again in an hour. When that time had expired, the prisoner himself came, and said to him rather angrily, " I sent you a letter an hour since, but you would not read it—there, take it now ; go in and read it, and then come out to me." Witness went in and read the letter, which ran thus:—" Sir—The money I received trom you I have made rather free with, in drinking, and have stayed too long from my Regiment. 1 fear I cannot join it again, but must go into the country, and something therefore must be done." After a short time witness went out to speak to the prisoner, when he was accosted .by two other men, habited in sol diers great coats. He asked what they all meant by coming there, to charge hisia with so foul a crime? None of them made any particular answer to this ; but one of them observed, he (meaning the prisoner) must leave his Regiment, and go into the country; he must therefore have other clothes, and four or five pounds to keep him until he got employment. Ano ther said, " Something must be done, for now we've got you (meaning witness), and you must come down." Witness then promised that, if the prisoner would meet him the next evening, he would have ready for him a suit of clothes, and he should also look up what money he could. Ile then gave them • a shilling to drink, but they d—d his shilling, and 1;c gave them three. They then ail went away.— Witness could not swear positively to the two other men he saw on this occasion, but he saw the name of one of them in the Papers of Wednesday. His name was Thomas Dwyer. Witness next morning in formed Pyall and other Officers, together with his fellow-servants, of the transaction, and means were taken to secure the prisoner at night. The latter came at the appointed hour, accompanied, however, by three oche: pe:.sons. 'The Otlicers were in waiting at a public-house, and, as soon as the prisoner made his appearance, Nvitneis desi;ed one of the servants to give the Officers the signal, while he himself desired the prisoner to go to the public-house, where he would give him a nice suit of clothes. He did so, and Pyall coming up at the moment, witness charged him with having extorted from him a one pound note, and he was secured. 'The other three men fled upon the inuanr,. and escaped. • Pyall and others confirmed the testimony of the prosecutor. After the prisoner was taken in charge he never denied the accusation made against him, but continually said it was another that had led him into it. The prisoner utade a long and disgusting defence, the details •t which were not only wholly disproved, but totally improbable. The Jury, without hesitation, found the prisoner Guilty—Deeth. • The CounT wished it to be intimated to him, that he was in a most awful situation, and recommended him to prepare for the worst consequences. The following were also capitally convicted, viz. 11. Roney, for stealing a pair of trAwsers, value ss. the pro perty of B. Doyle, privately in his shop; A. Fraser, for a bur giary in the dwelling-house of J. Clift, and stealing two silver *alt spoons, &c. J. Bellowes, for stealing a silver watch, the proiverty of E. Rowland, and a watch, Ea. the property of D. lirees, in the dweiling-house of E. Ellie ; W. Mail, for stealing two f i Bank ne.es, the property of G. Skillicorn, in his dwel- Lng-house ; and E. Roberts for stealing Al 3 in Bank notes, St.e. etc property (AI Roberts, in his dwelling-house. The following were convicted of felony, viz. Isabella Marsden, for stealing a table-cloth, &c. J. Auder. sax, for stealing 1.41b5. of beef; W. King, for stealing two d nen pairs of groves; W. Doyle, for stealing a lace cloak; S. Starr and S. Lloyd, for stealing a quantity of beef and mutton; 11. Jones, for stealing a quantity of printed furniture; M. Pal- met., for stealing a printed boendlicioll ; and J. Ward, for steal- ing two sheets Ste. • • B. Emanuel,' for uttering counterfeit money, tag easaiicted'" of a misdemeanoui. THE LONDON GRAND JURY AND THE STATE P &MON ERS. The Grand Jury for London,.having gone through the business of the Sessions, brought in their last bills in the course of the afternoon ; and having de livered them, the Foreman read from a• paper the following address : " The London Grand Jury having been refused admission to that part of Newgate wherein the State prisoners are now con fined, and conceiving that they possess an undoubted right to visit the prison in every part, beg to state this their impression to the Court ; and, unwilling to compromise that which they conceive to be their right, they respectfully, but firmly, claim from the Court the privilege of going over the whole of Newgate, which they believe. has never hitherto been questioned." The CONIAMS SE MJEANT observed,Lhat Mr. Brown, the Keeper, had a most awful responsibility on his hands, and he could not any, that, in refusing the Gentlemen of the Grand Jury admission to the places in which the persons spoken of were confined, he had acted improperly. The consequence might be very serious if they were admitted, because the prisoners might make a rush, and by it attempt an escape. He (the Common Serjeant) was confident, from Mr. Brown's'general good character, that he could not have intended to insult the Grand Jury ; he was_ only doing that which he conceived, and perhaps very properly, to be his duty. He (the Common Ser jeant) could not say that the Grand Jury had a right of admission., The Foreman observed, with great submission and deference, that, as the Grand Jury they tad a right to inspect every part of the of Newgate. Air. Counter SxmaaNr—Are you Magistrates, Gentlemen ? Foreman—No, I am not ; but I claim my right as one of Ithe Grand Jury: The Consiox Seers/air observed, that the question was not l before the Court, and he could not give them ay. authority to• visit those places. Jury—We claim it as a right. Mr. Commas Ssa.maxe—Mr. Brown has a most awful re sponsibility placed upon him. Mr. Brown—My Lord, I only refused the Geptlemcn admis sion into the places in which the State prisoners are confined. Mr. Sub-Sheriff Teasels—Mr. Sheriff Bothwell, my Lord, has been cenobites' upon the subject, and be has given his full concurrence to what Mr. Brown has done. Foreman of the Jury—We beg leave, most respectfully, to protest against the power exercised by the Court. COIIMON Searicarr--Well, Gentlemen, the question is not before the Court. If Mr. Brown has Acted wrongly or impro perly, you have your remedy; you can try the question. TiceForeman said they should do so, and withdrew. The Jury Proceeded to inspect Newgate most mi nutely, but were not permitted to eater the places in which the State prisoners are confined. Shortly after seven o'clock they entered the Court, and made the following presentment, which was read by the De puty Clerk of Arraigns (Mr. CLARL), as follows-: " The London Grand Jury respectfully beg leave to present to the • Court, that, in their opinion, the alarming increase of crime in the Metropolis, especially amongst the juvenile offen-' dent, is to be chiefly attributed to the very ir.adequate state of Newgate prison for the purpose of classing the prisoners, accord ing to their various degrees of criminality : thus boys and girls, • who may have bevn committed- for some slight misdemeanours, are forced to emaciate with the basest and most hardened felons, and are consequently returned upon society (when the periods oi their imprisonment are past) in possession of all the theory of the most practised offenders. The Grand Jury, therefore, ear nestly implore the Court to give their most serious and imme diate attention to this deplorable state of Newgate prison, and to adopt such measures as shall effectually remove this great dis credit from the Metropolis. " The Grand Jury beg leave, reyectfully, further to present, that in the exercise of their duty they have been. refused admis sion to that part of Newgate where the State prisoners are con fined ; thus the rights and privileges which have been handed down from their predecessors to the Grand Jury, have, in their humble judgment, been infringed. (Signed) " GEO. ALLEN AYLWIN, Foreman. " Grand Jury-room, 20th April, 1820." After which the COMMON SERAANT observed tot the Grand Jury, that for the latter part of their pre sentment there was no foundation whatever. The Grand Jury had no such right ; in that, therefore, ' they were mistaken. It was. a custom which from time to time had been allowed ; but he denied that any such right existed, or that the Grand Jury ought to interfere. The body of Magistrates and the Court of Aldermen had the power of regulating the disci pline of the prison ; but it was ;lune a fallacy to sup pose that the Grand Jury had any such right or pri vilege handed down to them : it was, in fact, merely given to such Grand Jurors or others who went there for public or beneficial purposes. He concluded by repeating that no such right had existed, nor did it now exist. He then discharged tl4 Jury, with thanks for their services. CHESTER SPRING ASSIZES. RIDING STANG! THE LING v. WESTON Abip OTHERS. The ATTORNEY-GSNERAL stated the case to the Jury. This, he observed, was an indictment against The defendant and eight other persons, for a conspi racy to injure the character, name, and faMe of a young woman, named Mary Dutton, by accusing her of having committed adultery with a man named Peter Perceval. There were other counts, charging the defendants with conspiring to accuse the plaintiff of fornication, and also with a breach of the peace. The parties reside at Kingsley, in this county, where the circumstances took place. It ap peared that k is an old custom is this county when a party; either male or female, is . suspected of hav ing committed adultery or fornication, for the peo ple to assemble in crowds round the house where the person lives, carrying two or three persons on boards on their shoulders, and accompanied with fifes, horns, bells, &c. The persons on the boards call out, " I ride, I ride !" the crowd ask " who do you ride for?" They answer for so and so, mentioning the names of the man and woman accused. The plaintiff in this case, a decent looking young woman, was in this manner attacked by the nine defendants and other persons, who said aloud, that they rode for Moll Dutton and old Perceval, who was 70 years of age, and father of a large family. In consequence of this the plaintiff's mother, who kept a school, in which she was assisted by the plaintiff, lest all her scholars. It was to recover damages for this injury, as well as to prevent the recurrence of such disgraceful scenes in future, that this action was brought. The Learned Counsel said, that offers had been made to the de fendants to withdraw the prosecution if they would restore the young woman's character, as that was . the only object in view. They declined this, and cer tainly he should not make the offer again. The COURT desired that the defendants, who are on bail, should be called up. They appeared in front of the Bar; they were .for the most part young lads.l -There w*, however, one old man among them. The CovRT asked, whether they meant to accept 1 of the offer made to theni? One of the prisoners.—My Lord, we prefer letting the trial go on, as we are in no fault. - •The following witnesses were then called: • . - Mary Dutton examined by Mr. Jos:es.-:—I am a single woman, and reside at Kingsley ; I am SI years df age.: my mother keeps a school, and I assist her ; I remember seeing SI number of people in Kingsley on the '24th of June last; they came close by our house,. and they rather stopped there; they made a great noise ; they had kettles, old tin cans, fifes, and sheep bells; they had also a long stick, with two pocket•handkerchiefs on it ; one of them had a blad der, with a pipe in it; they had also a ladder; Wil Liam Weston carried a bladder; Robert Ilignet car ried the colours ; William Golding and Thomas Nor cot carried the ladder; John Antwish and Ralph Spruce were on the ladder ; George Ruther walked near it ; Samuel Weston ran•from house to house get ting money ; I asked them what they were doing? and they said, We are riding stang for Moll Dut ton and Peter Perceval." Perceval is a married man, and has seven children grown up ; he is 60 or 70 years-of age ; they did not stop half a minute at our door ; they went round the town. Cross-examined by Mr. Wieetatsts.—They did not make a plurnp stop at our house; they stopped next door; they kept acting as man and wife all the way, and at the different houses where they stopped ; those on the ladder were lads.; Perceval-is a decrepid old man, and walks with a stick. Mr. WILLIAMS.—NobchIy would suspect you, a young woman, to look after such an old decre pid man ? Witness.—l believe they do; I have been told it to my face, but it is not true, I never had any im proper intimacy with him ; there is such a rumour in the town ; it has been abroad these four or .five years ; several hive told me of it four or five years since, and wondered that the consequences of our intimacy did not appear. lam acquainted with Perceval; I have frequently walked with him to and from Chapel, anti have met him in the lane from Newton, but never alone.--Ellere there was a strong expression of disapprobation in the body of the Court. Mr. MAR SHALL said, that such conduct. was extremely im proper ; any person found acting so again should be taken into custody.)—l never was alone with him in my life, either in a lane or field, unless - I met him when going on an errand ; I know Harrison's house, but 1 never met him there on that night. Mr. WILLIAMs.—What night? • Witness—On the ISI of June ; I never was in Harrison's old house with him in my life ; I speak of the 2Sd of June, as the people said it was on that night that we were together ; I never was in a wood or a field with him at three o'clock in the morning. Re-examined—The old man's son paid his ad dresses to me, and we were to have been married. On my oath I never had any .connexion with this old man in my life. _ _ _ _ _ Mirgaret Cooper examined—l saw the crowd near Perceval's house on the day in question ; I heard a noise, but I do not know what they said ; they had tin cans ; I do not know any of the parties who were there—(The defendants were ordered to stand np). I cannot say that any of the parties were there ; I heard some fifes ; I do not know what riding ;tang is ' • I never saw it but once before. The ATTORNEY-GENERAL—Then why did you not . tell me before that they were riding stang when you saw them ?—Witness—Because you never asked me; I cannot say they were riding ;tang. ATTORNEY-Gintenahat do you think they were doing? Witness—l thought they werc riding stang, but I know naught about it. Cross-examined—l know some of the defendants, but-I do not know that they were in the crowd. Sarah Perceval examined by Mr. Jowls—l am the daughter of Peter Perceval ; I remember the crowd coming to my father's door in June ; they were very noisy ; I saw a. sheep-bell in the hands of a boy ; I did not see the ladder ; I sat with my back to the window, and only turned once ; one man came into our house ; he said to me, " Come, you'll be no worse than the rest," holding out his hand ; I sent him to my father ; what I understand of riding stang is; when a man has been lichin,,.,er his wife, or a wife licking her husband ; my father - has eight children. • Cross•examined—Riding stang is, when' the wife' licks the husband ; I mistook at first. Peter Perceval examined—l remember a crowd being before my house in June last ; they made a noise, and rung bells ; the crowd stopped, and a man came into my house, and said they Nhre making Pre parations for Peter Perceval and Mary Dutton ; I cannot say that it was any of the defendants ; I told the man to get out of my house ; I am the Peter Perceval they meant ; I only knew from what the man said that they were riding stung for me ; I un derstand riding stang to be when a woman licked her husband ; I knose Mary Dutton ; I have no more knowledge of her than of others ; my son was court ing her; I never had any improper intimacy with her in Harrison's house, or elsewhere, in my life ; I do not know anything improper of her. Cross-examined—l have always heard the meaning of riding stang to be, when a woman licked her hus band ; I never was in Harrison's house with Mary Dutton (in a loud tone); I never was in my life"; I have .met her going to and coming from Chapel ; I know Mr. Leigh ; he asked me whether there was any thing between Mary Dutton and me ? I do not recollect having told.him that I was bewitched about that woman ; it I said so, I have forgotten it. Mr. WILLIAms—You know he is here, so you had' better take care. Witness, in a loud voice, " Tes, I see him." I was turned out of the Methoriit class for being . in her company ; I do not know that it was at the instiga tion . of Mr. Leigh ; he charged me with being im properly intimate with her ; L went swear that I did not say to him, that I believed I was bewitched about her. The COURT observed, that his being turned ont of the Methodist class, was no proof 'of his connexion with the plaintiff. Mr. WILLIAMS said, all -the counts charged the defendants with falsely accusing the.plaintiff; he had witnesses to prove it ; and he - would let the Jury judge of the witnesses' crs:iibility. Witness.—l was turned cut of the class onls , for tValking with. plaintiff ; T never was in !limes Bent leys wood, hor in a mowed field with her about three o'crock in the morning ; I might , ee her while I was Bunting my cow ; I wo'nt swear but I have walked Lathe lane with her, but not at an unseasonable hour, or in a suspicious manner. Re-examined by Mr. JoNrs.—l remember talking to Mr. Leigh about her ; he a!:ked me why I talked 'to her? I said it was because my son kept company with her—(in, a loud. voice) I never had any conne.c tion with her in my life. • - By the CouRT.—I have nothing to say disreput= able to tl►~ woman's character. The case for the plaintiff being cicrecl, Mi. WILLIAms addressed the Jury on the part of the defendants, in a most ingenious as well, as h: , - • mourous manner. The practice of riding stang, be observed, was as old as the history of the County; and yet this was, he believed, the first time that it had beeli made the subject cf a criminal inr.:airy.-- - . The Learned Counsel proceeded to comment. on the evidence, and contended that there was not, with the exception of-a slight Uuservation front the woman herself, anything given in evidcnc:: to support the indictment. On the contrary, l'erceval, his daugh ter, and the other witnesses, understood riding sna g to be for a purpose totally distinct from that tilleie s d against the defendants. Riding sn‘ng was I; acwn from, he had almost said, classical authority. One of our most humourous pacts had introduced it in one of his pieces, where he makes a grave and solemn Knight inquire, on witnessing one cf these processions, what strunge or heathenish invention this was; whethcr it had sprung from the whore of Babylon or Rome, or whether in was not an ovation. or ii itimphal pi ecession for some great deed done by an in.fivii!lial ? To this, said the ).earned Counsel, it I recc:;:te , _ rightly. thus aiii , ercl Ralph° the 'equize: " ctiotir he, ;hi.; antiquated smatter Of yo.trs, is quite htside the matter, These , rroccedivgs are. of course, When she grey mare's the better horse;. When over bree.:.;os, graeciy woman, Strives to extend !.:r vast dominion." Thus it was that the v,itty Hudibras described a stang riding precession, and to the works of that classical writer he would refer the Jury, if they wished to be convinced of the fact. Now, according to this celebrated w titer, as well as according to the evidence, if stang riding meant anything k meant this. - What then v. as the donspiracy ? This proces sion was only meant to designate the triumph of some female who had gained the victory, aid thereby 'gratified her ambition in a struggle for the breeches ! The Learned Counsel, after some other obserrations on. the evidence, was proceeding to state that he would prove tl.e parties having been seen together in a wood, in Harrison's house, in a mown held at three o'clock irr - the morning, the female only half dressed ; that he would shew that she had been seen getting over a gate, and going to her own house, when The COURT interfered, and observed that there was not evidence to support the indictment. - The ATTORNEY-C. 7 ESERAL said he felt the difficulty, but there was evidence of the .tssault. The COURT was of opinion that these was hot. The ATTORNEY-GENERAL consented to withdravie the in&ctment on condition that the young woman was nct molested in future. The COURT, in strong terms, cautioned the.priso nets against any such proceedings in future. If it was found that they in future attempted to 'repeat what they had done, or in .any way to molest or dis turb the young woman, the Court wouM visit them with the most severe punishment. The defendants bowed, and withdrew from Court. A Cur.ar Msxuon or nom & Goon.-=A family in the East Riding of Yorkshire dire to everxpoor woman, during her con finement, gruel made of two e,uarts of water, a pint of ale, a little ginger, and a spoonful of oiltmeal, sweetened with treacle. Let it sinuner three hours. This they give three or four times, with two suits of baby-linen; and halt-a-guinea in money. The milk, when very scarce, of three cows, to those who have a child under three years. About six bushels of coals to thir.y families, and at Christmas IC/. in money. The Lltly gives a woman Si. for teaching thirty or forty girls, three times a-wetk, an hour a-day, come when they will, and on Sunday three hou:s of her time. By this she ascertains what improvement is made. Those who cannot affutd much would be of treat service if they gave only caudle. Confinement, 41. 41. candle, ltls. flit milk, 131. I3s. coals, 101. money, 101. schoolmistress, .54. linen, 11. lgs. Total, 451. is. The Will of the late Duke of RtcHmotiu was ad ministered to in Doctors Commons, on the_l3th iast. by the Most Noble CHARLES the present Duke, the son, and sole executor. It is dated on the I6th of June, 1818, and contains no disposition whatever Of perso nal property. All his real estate is devised to his soa abovementioned in the most concise terms, the whole contents being in a single page of common paper:— The effects were necessarily sw•crn to for the assess.. ment of the probate duty ; their-amount was stated, to be under £20,000. The will is witnessed by Ma jor-General 11IAITLAND, Lieutenant-Colonel READY, and Major BOWLES. His Grace's doath; it will be remembered, took place in August last. Sept. 8, at Narpoor, James Gordon, Esq. Surgeon to the Er sidency, to Maria Lot.i , only daughter of Mr. George Fraser. On the ith inst. at Aberdeen, Coins slaw, M.D. Surgeon f the late 7th West India Regiment, to Jane Gibbon, only daughtir of the lite Peter John K.'ox, Ni.D. formerly of Santa Cruz. April. 9, at Ramsgate, Louis (Eugene) de Sara, late Lieute nant in the French Army, to Miss Sharpe, only daughter Or William Sharp, Esq. of High -street. April 9, at Dcal, Lieutenant William Hill, R.N. to Miss A!. Thornton, both cf Dover. April 12, at Colchester, Thomas Joseph Turner, Esq. Cartz.n in the Hun. East India Company's Military Service, to daughter. of John Bawtrer, Esq. of Colchester. April 13, at Walcot Chwch, Bath, Bagadier- General Jolty Pine Coffin, C.B. third son of the Hey. John Pane Coffin, of Porticdge, in the county of lkvon, t o Maria, eldest daughter %.4 the late dcorge ALinilanil, Esq. of Belmont. DIED. On the Bth inst. at Kennitrjton aged 73, Mr. George I.7zw:n l formerly a Purser in th: Navy wad East-India Service. Satrzda7, at Ramsgate, Anne Maria, eldest daughter of Ed ward Whitehouse, Eq. late of his 'Majesty's Customs. Friday, at Alitcham-eommon, the Rev. C. T. lleathcote, D.l). Rcctor of Little Wigborough, The 13th' idst. at War; llcrts, William King, Esq. Solicitor. "Alunday, at Sta;:ord, Thos. Bateman Perti,r.:, Esq. of Eickea score, near Stafford. Friday, aged 16, Lydia, only daughter of Mrs. Tart, of tLe llorgerford Cc•::e.2-1:ol:se, Strand. April 13, Yates, youngest son of* Dr. Bostoc'.:, f Great Corson-street. Tu:..sclay, Ilanlrstexkl, aged nearly two years, Hannah, tlie roungest d-aui.bter ot Thor.ias rowel Jurton, Esq. 51. P. lIIGH-VA Mt riling tern. - it7llsSiDlSirififl IWit . 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