Star. — London, England, 1820-08-01 00:00:00

LAW INTELLIGENCE. COURT CHANCLRY, JULY 7.1. The LORD CHANCELLOR came into COL= at half past ten o'clock. " SUPPOSITITIOUS CHILD. SERGISON SERGISDN. Mr. WINGFIELD.—" In this case, which came be. fore your Lordship some time back, the Court directed an issue to try the question as to whether the infant, Miss Sergison, was the daughter of the late Colonel Sergison? The young Lady is the defendant in this suit. The action has been tried, and a verdict given against Miss Sergison ; but it is our intention on her behalf to move for a new trial ; and what we wish is, that the application for a new trial should stand over till the next Term ; and that, in the meantime, the allowances stihich have been made for the education and maintenance of the infant (Miss Sergison)• should be continued, the Trustees undertaking to become responsible for the sums that may be so advanced in case the application for a new trial should prove un successful. It is our duty to apprise your Lordship, at this period, of our intention, that no interruption whatever should take place in the appropriation for the purposes I have mentioned." Mr. HART, Counsel for the Plaintiff.--". If either of the Trustees will undertake to be responsible for the sums so advanced, I cannot object to it. The evidence on which the Jury found their verdict esta blished clearly that the defendant was not the child of the late Colonel Sergison." The LORD CHANCELLOR.—" Let the motion for i new trial stand over till the first day in next Term ; in the meantime the allowances for the maintenance and education of the infant to be continued, the Trus tees under taking to be responsible for such advances." MAIDSTONE ASSIZES. THE KING U. HALTON AND ANOTHER. This was an indictment for riot and assault, insti tuted against William Halton and John Hatton, com mitted on John Dye, an Officer of the Excise, at Euckland, near Dover. Mr. MARRYATT stated this to be a prosecution by the Board of Excise, fat the vindication of one of their Officers, John Dye, who had prosecuted to conviction one Langley, of Buckland, for having contraband articles, brandy and geneva. The pro secution took place in the month of March, preceding the April when the riot and assault happened. John Dycsaid he was an officer of Excise. In March last he made a seizure in the house of Langley, at Buckland, near Dover, of brandy and geneva ; lie afterwards gave evidence on the subject before the Magistrates. In April he lodged with James Arnold, a miller, Dying at Buckland. On the night of Satur day, April 22, about twelve o'clock, he was alarmed by a stone being thrown near his chamber window frame ; it was followed by others. He then put up the sash and looked out ; he saw one man looking over the hedge opposite, and another was endea vouring to conceal himself. He asked them what they meant by such treatment? but be received no answer. He put down . the sash, when he saw Mrs. Arnold who wished to have further assistance.-- lie went out, and sent Henry Hunt to fetch Ar- Isola ; he took a pistol in his hand ; Arnold soon after returned ; but went in and shut the door.-- He heard a whistling, and a voice saying, we will have the old out and kill him. He then went up to his chamber without a light. Arnold followed. It was a moonlight night. He looked out and saw six persons; they were throwing stones at the front of the house and the window where he was. Three panes were broken. It was the sitting-room. Some of the stones came through into the room. He loaded a pistol, being alarmed for his life, and fired over their heads. They separated, but in a few minutes returned, exclaiming, " Fire away, you old —, we will have you out." He fired a second pistol also over their heads. He could distinguish William Halton, to whom he called by name. W: Halton pulled of his jacket and appeared in a white dress. He said, it is no use pulling off your jacket, I know you well. Halton replied, it would not have happened had you not sworn against Langley. Witness rejoined, that is no business of yours. Thomas Halton came up and said, I will have you out, you old —, and kill you, if I have a halter about my neck for it the next minute. Witness observed, I never injured you. They said, you old —, you would if you could. They continued about the place till half-past two. Cross-examined.—One was a shoemaker, and the other a bricklayer. He knew them well. lie saw bands up, as if throwing stones. . Mary Arnold, wife of David Arnold, the miller ' stated, that Dye lived in their house in April lag. She confirmed Mr. Dye's testimony. She saw the de fendants there; all were in the action of throwing stones. They said they would have Dye out and kill him. Thomas Halton said he would_have Dye out ard kill him, if he were to have a rope about his neck tie next minute for it. One endeavoured to climb up the high rails. David Arnold detailed what took place after he was fetched from the Mill, and also supported Dye's evidence. The large stones shewn to witness, were amongst those thrown at the house. - Mr. ADOLPHUS declined making any observations, or adducing any witnesses, as he could not refute the, statement which had been made.—Verdict—Guilty. • YORK ASSIZES. Matthew Hanson was charged, upon the oath of Mary Buckley, with violating her person. The per son upon whom the alleged offence WAS committed, is a young girl, fourteen years old, living at Halifax. -On Tuesday, the 18th of April, she took some clothes to a public mangle, which was kept in a chamber; there was a bed in the room. When she entered the room, the prisoner (a soldier) was turning the ma chine, for a woman of the name of Edwards, who was present,•as well as a girl of the name of Davies. Some slight conversation took place between the prisoner, when the for mer sat Complainant am! the dowa upon a chair to wait her turn. She subse quently placed herself upon the bed, leaning with her elbow on the clothes, being indisposed . In a short time, the prisoner left his wort, and began to behave i very rudely to her. She struggled and resisted him, , calling him a Lcamp, and saying he had no right to touch her. He immediately repeated his attacks, threw her down, laid hold of her bands,' and .suc ceeded in effecting his purpose, while she called in va in for pietcs.tiou to Betty Edwards; who, instead .i ' of assisting her, exclaimed wi • th-a violent oat drat she would have nothing to do with her, pre-' vented Hannah Davies froin interposing. The.pri soner and Edwards went away soon am. The prosecutrix was corroborated in tittmain parts of her statement by the testimony of Hannah Darvies, an interesting little girl, w a fter being examined by the Judge as to her c ension of the natire of an oath, gave her evideneti from the bench with great simplicity. It appeared doubtful whether the crime had been consummated in the manner required by law; that after the prisoner's departure she remained to mangle her clothes, and did not infoim her mother of the outrage till next morning, when she was questioned in consequence of what her mother had heard ; and that she had manifested considerable levity when the soldier first began to take liberties with her. Under these circumstances, His LORDSHIP. without going further into the case, directed the Jury to find the prisoner Not Guilty; he, at the same time, designated Betty Edwards as a most infamous and scandalous woman, and regretted it was not in his power to punish her; and before-the prisoner was removed from the bar, he addressed him uyon the enormity of his conduct. William Hargrave was charged with killing and slaying William Flannigan, at Wetherby, in the pa rish of Spofford'. The deceased was a deserter from the 40th Regi ment, and was brought from Leeds to Wetherby, on the 16th of May, in the custody of a corporal and two soldiers; of whom the prisoner was one. They stopped at Mr. Hind's, a public-house in Wetherby, where they all (except a sold* named Evans), were intoxicated, and, after some time, went to bed. The corporal soon fell asleep, and the deceased, a power ful man, who was handcuffed to Evans, was so vio lent in endeavouring to get loose, that the latter, who had been wounded in the arm, was obliged to unlock the handcuff s , a n d c all in Hargrave, who stood sentinel at the door. As he entered, the de ceased knocked him down, and attempted to escape, but was prevented, and pushed back on the'bed. In consequence of a renewed attempt to escape, the pri soner levelled his musket, and shot Flannigan dead. His Lot:mull., in summing up, obserVed,- the in quiry was, whether it was absolutely necessary, at the time, to use fire-arms to prevent the prisoner from escaping.—Guilty—Fined one shilling, and to be im prisoned one calendar month. The prisoner was afterwards discharged, Mr. Wit ma ma having previously moved for an arrest ofjudg ment, on an objection to the presentment of the Co roner's Inquest, it stating the olfenCe to have been committed " in Wetherby; in the county of York," and afterwards, " in the parish stare:aid," no parish having been before named, and Wetherby being in the parish of Spofforth. Mr. WILLIAMS quoted a case in point, " King v. Matthews," contained in the sth . vol. of the Term Reports. Thomas lVilson was charged with forging a cheque, purporting to be drawn by John Hutton, of the Rich mond Bank. for El 1.75. and with paying the same' to one Christopher Mason. Christopher Mason keeps an inn between 'MA mond and Layburn. On the 27th Jane, the prisdaer came to his house, and staid till the 29th. In pay ment of his bill, about 12s. he tendered the cheque in question, witness givinglim the difference, except three shillings. Prisoner said he took the cheque of Mr. James Langdale, of Northallerton. Witness was to pay him the three shillings at Mr. Falls, of Lay burn (where he was going to work) the first market day he (witness) went there. Witness paid the cheque to Mr. Bradley. On inquiry at Mr. Falls', to pay the three shillings, witness found the prisoner was not there. His suspicions were excited, and he succeeded in apprehending him at Beetle, which lies in a con trary direction, when be received back upwards of L'7. Prisoner was taken before the Mayor of Rich mond, where he admitted the cheque was forged, and that he had done it when he was in liquor. Mr. Bradley received the cheque of last witness. Next day .he sent it, with others, to the Layburn Bank, by John Hutton. Mr. Ware, managing clerk, received the parcel containing the cheque. The signature was not Mr. Hutton's writing, nor that of any clerk in the house. Thomas Falls, is a master printer. Has known the prisoner two months. He employed him in copying some manuscripts. The words in the body of the cheque are, in his opinion, the prisoner's writing. He thought the signature was the prisoner's, but disguised. James Langdale never paid the cheque to prisoner, The prisoner made no defence. Verdict—Guilty. 13trrumutu--Honsa-Seassua.—Yesterday James Dench, a sott of itinerant green-grocer, who hawks fruit and vegetables about the streets with a horse and cart, was brought up before Sir WILLIAM Loaner, on a charge of horse-stealing. Early in April last some stables and setiosues at Luton, in 'Bedford shire; were broken open, and among the property stolen there from was an old hone, worth about £5, belonging to * widow women of the unlike Brewer. No trate, either of the - rob bers or she property, could be obtained at the time; but, about three weeks ago, Hayden, the Luton carrier, recognized the animal on the Islington-rod, drawing a cart w ith; vegetables. Ile-soon learned to whom the cart belonged; and, after having given information of the discovery to Mrs. Brewer, and re ceived her instructions to detain the horse, applied to an officer for that ptrpose. John Manchester, a green-grocer, living near the Chapel of Ease at Islington, in whose possession the hone was found, gave the name and description of the prisoner as the person of whotn be had bought the animal, about three months before,in Smithfield, for £4 10s. Dench acknowledged selling the horse to Manchester, and, to account for his own possession of It, produced a written memorandum of his having purchased it in the Borough, en the Ind of April, of a man of the name of Sendfield, for three pounds; this was witnessed by one Findletta, of No. 264, Kent.atreet, who appeared to prove its authenticity. As, however, neither the prisoner nor his wit. ness could give any account who Sendfield was, and the whole eL memorandum turning out to be the -hand. of Findletta, who described himself as an itinerant dealer in firewood, the 1 Magistrate could attach but little credit to such a document.— " You may try It you can make a Jury believe this story,* said Sir Wit.t.nm " but it won ' t do here." The prisoner was there fore committed to Newgate for trial. INFAMOUS Bauraorrs.—,Friday, a butcher was driving a flock of 'sheep, near" the end of Shoe-lane, -Holborn, when some of them turned the wrong road, and the driver called to his dog to turn them back. The poor animal did not obey. his master's or-. ders so promptly as he wished, and the wretch took a knife out of his pocket ) and having seized the dog, • and uttered the most horrid imprecations, cut a deep I wound in his th r oat. A Ge n tleman, who wa s passint, I seized the arm of the monster, and prevented him from con ipletely destroying the dog; which struggled, and having go t out of hi s masters grasp, ran away EXECUTION QF NESBET'T. . . . MAIDSTONE, JULY ta. This wretched criminal surrendered his life to-day to the outraged laws of his country. From the com plication of crimes of which lie was convicted, and - from the probability that the murder of Mr. Parker and his. housekeeper was not the first instance. in , which he had been guilty of a violation of the laws,' great curiosity prevailed to witness his execution, in, the expectation that, if he had not previously made any confession, he would in his last moments be in duced to reveal the particulars of his &irk. islt gratifying'to know, that in the interval.which. elapsed between his condemnation and his execution. a considerable change took place in his frame of mind , and general deportment. On leaving the Court on' Friday last, after receiving sentence, he evinced the, same levity, the same hardened ferocity of disposi-; Lion, that had marked his conduct during his con-_ finement before the trial. So insensible was he oflis , awful situation, that cn being placed in the cart ' which was to convey him back from the Court-house. to the Jail, feeling himself annoyed by the ga z e the spectators, he exclaimed in a peevish and surly tone of voice to the turnkey, who had charge of the cart, " Drive away like hell, and let's get out of .this 1 as quickly as possible !" But when replaced in his cell,- , nd allowed an opportunity of reflecting quietly' on his fate, he found it impossible to retain that in difference which he had hitherto assumed. He be came restless and agitated, but still he evinced no symptoms of contrition. Indeed, a circumstance which the vigilance of his keepers detected, shewed, that at this very moment he was meditating on the means of adding one other crime to the black cata logue of his former offences, by anticipating the sen tence of the law. He bad called for a pipe of to bacco, and bn a refusal, he repeated the request in so urgent a manner that the suspicions of his attend ants were aroused. They accordingly began to exa mine the cell in the first place, and in one of the cor ners they- discovered the handle of the sauce-pan in which his victuals were usually brought to him. The tin tube forming the handle of the pan bad been taken off, and was perforated near the lower end ; and this instrument was immediately suspected to have been constructed by the prisoner as a- rude, though certainly an ingenious, substitute for a pistol. His person was instantly searched, when he thrust into the hand of the turnkey a quantity of gunpow der, wrapped up in a paper, and a couple of marbles, which had been intended to supply the place of bul lets. Various conjectures have been made as to the manner in which he was supplied with the powder and marbles. It is most probable, however, that the articles were conveyed to him by some person in the Court, while he stood in the dock. In consequence of this attempt to destroy himself, Nesbett was stripped of the dress which he had hi therto worn, with the exception of his shirt and stock ings; and on being conveyed on the same evening to the condemned cell, he was furnished with a prison dreis, and heavily ironed. During Friday night he was extremely agitated, and was unable to sleep. In that state he continued during Saturday, and the greater part of -Sunday. He joined in prayer with Rev. Mr. Harker, the Chaplain of the Jail, and professed to be sincere in his devotions ; but still he persisted in denying that he committed the murder `for which he was to suffer. About six o'clock on Sunday evening his wife and children arrived from Woolwich to take leave of him. The interview was distressing beyond description, and on this occasion he evinced a greater degree of feeling than he had previously shewn. He wept much on embracing them; and when his wife implored him not to die with a falsehood on his lips, he promised to reveal the whole of his guilt before he died. His family consists of four daughters and two sons—the eldest about eighteen years, and the youngest only sixteen months old. On their road home, about twelve o'clock, a tre mendous thunder-storm took place, accompanied by large hail-stones and vivid lightning. Mrs. Nesbett, for safety, was necessitated to take shelter at the Portobello, at Kingsdown, where she remained in good spirits mita the storm abated ; she then went to Woolwich. During this dreadful storm,. Nesbett was in his cell with the Governor of the prison ; it bud little or no effect upon him ; he was very calm; and only requested that • the Governor would close tbewindows to prevent the lightning coming through. It is remarked as a singular coincidence, that on the night that Hussey, for the murder of Mr. Bird and his housekeeper, at Greenwich, was confined in the same cell, a similat storm took place. After his family had taken leave of him, he made a full confession of hi s. guilt. Seine of ie particu late which he communicated are said tabe very im portant, and the whole ,of his statement is, for the present, kept strictly secret. Various rumours are, of cnurse, in circulation respecting the nature of his confession, to which it would be equally improper to give publicity, whether they be ill or well founded. After his mind had been disbOrdened of the load of guilt which had pressed so heavily en it, he be came more composed, and j o i ne d i n the exercises of devotion with more fixed attention, and apparently with a greater degree of intelligence, than he had hi therto evinced. On Sunday night he slept for more than two hours; and this morning he was moretran quil than usual. The Rev. Mr. Harker, whose hu mane exertions in administering to him the consola tions of religion have all along been unremitted, at tended him at six o'clock, and remained with' him till eight. He returned again at dine o'clock, to as sist him in preparing for the last awful trial of his fortitude. At a quarter past eleven the unhappy cul prit was placed in a waggon, to be drawn to the place of execution , on Pennenden Heath, about mile from Maidstone Jail. Theexecutioner was placed by his side, and two Officers with loaded carbines were also .seated in the waggon, fronting the crimi nal. His.dress was the same that be had worn during his trial, consisting of a blue coat, a yellow waist coat, a white neckcloth, and top boots. Before he left the pijson he had requested the turnkey to give. him a book; a Prayer.hook was accordingly offered him, but at his request it was exchanged for a Bible ; this Bible he held in his hand whenhe appeared in the wa ggon, and he seemed to peruse it with. great devotion. His countenance was flushed i and' his manner extremely agitated. As the prison -gate un-' folded to allow the waggon to pass, he got the first view of the assembled crowd that wcrc Qut. side, arid he was so strongly affected by the si g h t that he could not refrain from tears. On eael! of the waggon was placed a file of pikemen ; the G o . vernor of the Jail. anti several Sheriffs' Officet rrc2e immediately behind ; the Chaplain and the . !...;11eriff- Depoty followed in carriages. In this order the procession moved slowly towar.2 3 the Heath, the criminal frequently turning up 1.; ; eyes to Heaven, and ejaculating " 0 Leon, har e mercy upon me! Omar, have mercy upon me.' About 100 yards him the prison mate his meth caught his eye iii the crowd. He did not appear to he much moved at seeing her, but bent his head to wards one of the officers who sat before hi:n, said, " Mind, tell Mr. Bowen to do something 1 (c my family." The procession arrived at the place of execution about ten minutes before twelve o'clock, and the waggon was drawn up alongside of the scaffold. The Chaplain then joined the criminal in prayer, and the. stillest silence pervaded the imam... ! crowd, who stood uncovered while the service was reading. The criminal, who had knelt down b i im r . Hackers side, joined in the prayers with as much fervour as his agitation would permit. His hands were clasped together and uplifted, and his eyes were sometimes directed downwards to the book in th e Chaplain's hand, as if he did no t understand what was read ; occasionally they were turned up to Ile:. yen, but during ;he greater part of the time wandered unconsciously over the crowd, without a:,y definite direction. When the devotions were closed, and the criminal was about to be removed from the waggon, he ob. served near him Mr. Hay, the Barrack-Master of Woolwich, and said he wished to speak to him. Hay came forward and said, " For GOD'S sake, Ne 3. hen ' be sincere ; consider what you are about, a n d tell the truth." He replied, " I have told the trazi already, and nothing but the truth. My family knows nothing of my guilt, and I hope yc,u will co something for thern' Air. Hay asked him if he had confessed his guilt ? and he replied, 44 I have con. fessed it to another person." He then mounted t::e stage with a firm step, and the executioner proceeded to put.a cap over his eyes, and to adjust the rope round his neck. Having seen Mr. Bowen, of Wool wich, near the scaffold, he called to him, and said, " Mr. Bowen, I hope you will have some regard t o my family. Poor things! they are innocent. None that belongs to me knows anything of my doing," Mr. Bowen called to him to confess his crime, cn which he replied, " I have made all the confession I had to make. That will be known after lam gone, The people is convenient that kat it. It is enough for one person to know." Ai five minutes after twelve o'clock the fatal sic nal was given. He did not-seem to suffer more tli.n one minute. The body, after hanging the usual time, was cut down, and conveyed in a shell to Mes:it. Day and Watman's, to be anatomized, pursuant to his sentence. Previously to his trial, Nesbett had prepared the following declaration ; in his own hand-writing, to be -delivered to Mr. Hay, the Barrack-Master of Wool. wick, an intelligent and humane Gentleman, who was anxious to have it ascertained that the family of the murderer were not implicated in his guilt: " Maidstone, the 24th July, 1820. " This is the truth, as I have Goo to melt in the next wcrkl, let me Be Gilty or Not, no one of my family, father or mother wife or Childern or any Raltion of mine known whether I am Gilt) , or Not of the Crime that is laid to my Charge, that is the mourder of Mr. Parker and his House keepr or any other part of that Crime that is laid to my Charge, or any other Crime thatls laid to me : as Gnu has my soul in his Charge this Day to try my Gilt that is the truth, and I hope no one will Cast it up to my wife or Childern, for the Do not Deservit. I sine t!di to he truth 4 ' J A MRS F.S BETT." Addressed for " Mr. Hay, Baricl Master, Woolwich, Kem." Endorsed in the hand-writing of Mr. Bay, but the diction cf the prisoner . : " As I have this Bible in my hand, alld Gon to meet, I de date the contents of this paper are tree. " JA.MtS NESBETT. 0 Mimes% Stanneu Paso, Turnkey. If Maidstone Jail, 26th July, 1820." CORN- M A RIVET, MA .ira:ANlcitiLi - CUSItI • ZWCI.IIII. Meat, Kent and Small Beans _....44.481 Tick ditto Oats, Potatoe Poland Feed . oCis 233 Flour, per Sads 65s '7Cs Rapeseed, per Last £4O At Essei 741 88s Sunni .. .. 724 86s Norfolk • .7os 76s Rye (Now) 384 42s Barley 3?.s 494 Itfalt 6Bs 75s White Peas --„ Boilers a. 44E 50. Grey Peas... ....... . .. 445 46. Wheat, nottzic...... .€4, l'es Baltic Red, Ilambro' or Bremen, Brabant red Cis its NEWGATE Aim LEADEN (By the Beef 3s 8d to 4s 84 Mutton 4s 4d to 5s Chi Lamb Ei A LI, MARKETS, Jut.: 1. Carcase.) IVeal 44 0.1 to Ss 4d Pork 4s ad tO 51; Ss ad to 6s Od • _ • pit ICES or HAY Aso STRAW YES l'EltD r is 1. T. JAUEIII 9 B. WHITIMAPEL Hay 31 3s Od to 41 les ed Hay... 41 Os to 41 as Od Straw 11 4s Od to 11 19s Od Straw 11 81 to 11 151 Od Clover 01 Os Od to 01 Os Od Clover 61 Os to 7l Os PRICE ( WNW 111•06. Kent Sussex 2l las to 31 14s Rase: Foreign PRICK or TALLOW, Town Tallow • 61s Od Yellow Russia 5Bl 6cl White ditto Soap ditto Melting Stuff • ..! 52s Od fr' 110 PS. NZW ?Or ZITS. Kent 31 Ss to 41 4s Rasta Farnham 4l 10. to 5i 'Cc SOAP, Ste. per 11 Ditto rough ........ Yellow Soup Mottled Curd Palm . ............. • :5.3 sEs • .. 1 c:• .... COAL MARKET, JULY 'l. Ships at Market. • Shies Sold. Price. 581, Newcastle 28} sli 6d to 3P% 64 12 Sunderland 8 •• Slo 6d to 40s 6d BIRTH. Friday, at West Hill Lodge, near Tic Meld, Lady Ile Pzolet, of •t daughter. Zi:IRRTFD: Thnry, at Acornb i Mr. John Skip . with, Solicitor, to 1.1.4. ( riot Frances, daughter of the Rev. itobert Benson, hI.A, DIED. On Thursday last, after a few hours illness, Thomas KW, Fag. of Seething, in Norfolk, in the 74th yeas of his :Iv. July 90, the infant son of Micha e l St ewar t Ni ce ! s on, ii.ts •• 4 Carnock. July 22, at Mansfield, aged if, Hugh ilumphry Wilson, th:r 4 son of the Rev. John Wilson, Diinister, Lifiniairl t 7W. May 19, at Pernambuco, a g e d 27, Mr. henry Koster, 0: 01 son of Sir. J. T. Koster, of Liverpool. Jane 1, at Charleston, South Carolina, John Marshall, Eft eldest son of the late Dr. Hugh Marshall, Rotbsay. HIGII:V'*TRIfi J.ONDON — Riff 11G R . TO- ItIOR Rt) gulag • - # 41 r. met after T A ftertmen . 20 i LO N UO,N : It,'rett;:tr Tai;cll3 liblishrti by LiVtl. 114 cf. rcn:yloJl r.