Star. — London, England, 1820-09-22 00:00:00

OLD BAILEY. • Wednesday, John Dian&le, a youth of genteel ap pearance, was indicted under the Statute commonly called 1.: :rd Ellenborough's Act, for maliciously point ing and attempting to fire a loaded pistol at Mat thias. Mitchell, with intent to' do him some bo.lily harm ; and Mr. Seabrook, an attorney, and Joisu Green, s carpenter, were charged with aiding and abetting him therein. -The circumstances of the case were therm : M... aters, of the Opera-House, had let on lease t.l Mr. Dintsdale, the father of the prisoner, a cottage n: Grove-green, Kingsbury, of which, under pretext of a violation of the lease, he again took possession Ti April last, the cottage being left unoccupied at the moment, but a woman, named Fuller, having the charge of it. Mr. Dimsdale regained possession on the 10th of June, and placed his son, the prisoner, ia charge of it, who was, the same night, blockaded therein by a party of people placed round the haute, for the purpose of, as the witness termed it, cutting off the correspondence, and after three days of such bioc!cade, Mr. Waters fitrcibly entered, and tornaMr.Dimsdnle and his party out. On the 13th cf July, the day of the act charged in this indict ment, Mr. Ditnsiale, jun. accompanied by the other two prisoners, proceeded to the cottage, for the pur pose of regainiag possession , and, forcing the hall door, entered the house ; Mr. Waters having been sent for by Mr. Mitchell, the prosecutor, who was in pos session in his name, came, and a dispute ensuing, ordered the prosecutor to turn them out. He ac cordingly, as he says, having a loaded pistol in his hand, pushed Mr. Dimsdale on the arm, and told him to go; he would not swear that he did not point the pistol ; whereupon Mr. Dimsdale . presented a pistol ar him, which missed fire, but was afterwards examined and found to be heavily charged with shot and a bullet. The prosecutor admitted that he had before threatened to shoot them, and that Green had replied, " we can shoot as well as you ;" but he did not remember whether he pointed the pistol and threatened to shoot at the time of pushing Mr. Dims dale or not. Mr. Justice RICIIMIDSON, in this stage of the pro ceeding, only. one witness having been examined, di . rected an acquittal, as if the death of Mitchell had ensued, the legal offence would not have been mur der, as requited by the statute under which this in dictment was framed. John Napper, a youth of very respectable appear ance and connexions, was capitally indicted for steal ing on the 30th of August, from the house of Mr. John Wells, the Half Moon public-house, Clipstone street, Mary-la-Bonne, twelve silver spoons and other articles.—He was found Guilty. Thomas Weak fur sacrilegiously breaking and en tering the parish church of Enfield, and stealing sixty yards of black cloth, &c. anti Henry Todd, for steal ing £l6 in Bank notes, the property of Henry Over ton, in his dwelling-house, were capitally convicted. Yesterday, Thomas Fuller Harnett was 'put to the bar, under a charge of having, on the 2‘.1 of August last, knowingly uttered two `fort„ , e‘l acceptances of Lieutenant-Colonel Gordon for LW each, intending thereby to defraud T. Thompson, of the. parish of St. Martin in the Fields. The prisoner was a gen tlemanly-looking man, twenty-seven years of age, and had been formerly a Captain of Dragoons. lie VMS himself the drawer of these bills of exchange, and they were made payable at the office of Cox and Greenwood, the army agents, Charing-cross. There was no Counsel for the prosecution. Mr. Thompson is a linenahaper, and the bill was paid for some goods purchased of him by the pri soner. Some doubt having been entertained of the validity of the bill, which purported to be accepted by Colonel Gordon, of the sth Dragoon Guards, ap plication was made at Cox and Greenwood's, where it was made payable, when it was ascertained that it was not the acceptance of Colonel Gordon.— When the prisoner purchased the goods, he spoke of paying for them by a bill on Colonel Gordon, and desired Mr. Thompson to go to Cox and Greenwood's to know whether a bill of P2O, accepted by Colonel Gordon, would be paid. Humphreys, the Officer, who arrested the prisoner, wits then called. Ile found the prisoner in bed at the Bull and Bush Inn, near llampscend. Witness told him he was going to take him up for having *heated Thompion. isoner then asked for some laudanum, which he put into water and drank off. The prisoner then talked of going to Ireland, and sending back money to take up the bills, if he re ceived the change of the second bill. This witness gave very unconnected and unsatisfactory evidence, which, he said, was owing to a hurt he had received recently in his head. Thomas Thompson was in the room when the pri soner was arrested. When the Officer told him for what purpose he was come, the prisoner said, " oh GOD, I'm undone ! My friends, by not relieving me, nave ruined me." This witness said, it was in a glass of gin he Look off the laudanum. The prisoner being called upon for his defence, said, he should content himself with offering an ex planation as to the laudanum, which, if it went un explained to the Jury, might probably act to his pre judice. The fact was, he had been in an ill state of Health for some time, having burst a blood-vessel, and for that reason he was recommended to make use ef small quantities of laudanum occasionally. Upon this occasion he took no more than thirty drops.— His defence he wished to leave entirely to his Conn taipbut he regretted that the suddenness of the pro secutiou had disabled him from referring to asanany friends as he otherwise would. There was, however, one Gentleman in Court, to he would appeal foi- a character, who had known him long, and served i in i thfsame regiment with him. tigr. Lewis, a Paymaster in the Army, was then worn, And said he had known the prisoner for fif teen jtars, and served in the same ILegiment with him.' He *as a Lieutenant in the 82d Regiment at that time. Believes him to be a man of the strictest honour, and witness was at this moment 1.:300 in advance for hint. Under these circumstances, the case went to the Jury, who, after some little hesitation, found the prisoner—Guilly, Death ; but strongly recommended him to mercy. The prosecutor also entreated that as much mercy as.couid be sliewn r should be extended to the prisoner. Alr. Justice - 131:st said, their recommendations hould not be unattended to.- The prisoner, lie saw. had been an Officer in the Army, and had served his country—he had therefore some claim upon it, and he was sure his country would not be found ungrate ful to him in the day of his distress. Joseph . Ellenger was indicted for assaulting, and with violence taking from the person of Thomas Aird and upwards in Bank notes, on the Ist of August. This was one of the robberies committed on the open ing of the Reviles Canal, which for atrocity has not been equalled by anything of a similar nature for many years ; the prisoner formed oile of a gang of nearly one hundred. The property was found upon him, and the case in other particulars was dearly made out. The prosecutor. an elderly' infirm Gentle man, was used with great cruelty. On the person of the prisoner was found two £.5 and three £lO notes, making the amount charged in the indictment. Ile made no defence, but called four witnesses, v. ho gave him a goo 1 character. Mr. Justine licsr recapitulated the evidence, and the Jury found him Guilty—Death. The prosecutor recommended him to mercy, but Mr. Justice BEST Was fearful it could not be attended to, as the protection of _the public imperiousti de manded that the law should take its course. George Edwards was indicted for rubbing Henry Berridge of his watch, on the highway. The prosecutor met the prisoner and others in the Edgemue-road. The prisoner had a dog in a string, which he endeavoured to entangle between the prose -cutor's legs. He then accused him of having trodden on the dog, and struck him on the mouth, which knocked him up against a shutter. The prisoner then came up to him, snatched his watch from his fob, and handed it to his companion. He ran away, but was pursued and taken. His companion escaped with J the watch. Several witne;ses gave the prisoner a good charac- ' ter. Guilty—Death. John Kelly was capitally convicted of stealing a• piece of cotton cloth, privately, in the shop of Eliment Sharp, of Berners'-street. Some witnesses appeared to the prisoner's charac ter: the first of them, after giving him an excellent one, prevaricated so much that Mr. Justice BEST or dered him to be instantly committed to Newgate. The following were also convicted of felony: J. Breece, for stealing four brass sheaves ; J. Adlan, for stealing.a handkerchief (to he transported for life) ; J. 1 )oyle, for stealing two coats ; and L. Kelden, fir stealing copper. MIDDLESEX SESSIONS, SEPT. 19. TRIAL Ol SAMUEL WEAT, FOR FRAUD. Mr. ADOLPH US opened the case to the Jury. G. Sewell being sworn, stated, that he is collector for the western division of •London, for the " Be nevolent, or &rangers Friend Society," and in that capacity he received a letter from Lord Milton, con taining a petition, &c. sent by the prisoner to Earl Fitzwilliam, his Lordship's father. His Lordship desired that the alleged distressed state of the prisoner might be inquired into. Witness made some inquiries, and found that some parts of his petition were not true; that on the 23d of June last deponent called at Earl Fitzwiiliam's, in Grosvenor-square, and met the prisoner theie. Deponent inquired if he had a wife and six children, as set forth in his petition? He answered, " Yes." • Was all your furniture sold for arrears of rent, in June last? —lt was. Have three of your daughters had the typhus fever, and been ill for nine weeks?—Yes. Your petition states that you are in treaty with a person for a school, for which he asks 201. for desks, forms, &c.—Yes, I am. Do you think he will take the twenty pounds ?—Notf paid by instalments. But suppose it were paid all at once, how much do you sup pose he would take ?—Perhaps fifteen pounds. How much have you towards that sum?—Nearly ten pounds. Are all those signatures on your petition ?—Yes. Where is the school situated?—ln Charles-street, Hattori garden. Well, I am sure your Petition is respectably signed : I will give you this pound note and take care of your Petition, and make further inquiries to see what may be done, for I belong to a Public Charity.—Thank you, Sir. Mr. Butler being sworn, stated, that the prisoner rented a small tenement of him, contiguous to his own dwelling, consisting of two rooms ; that he has not a wife and six children ; that he never seized or sold a single article belonging to him ; that he had not three daughters ill with the typhus fever ; that he was intoxicated every day, and lived voluptuously on the spoils he had made on the Nobility and Gentry by fabricated Petitions. He and the woman he coha bited with were a nuisance in the neighbourhood.— Deponent had often got oat of bed to quell their riotous conduct. Mr. Roberts, constable, being sworn, produced the El note, which the prisoner had obtained from G. Sewell. _ _ Here the case closed.—The prisoner had no wit nesies to call, but attempted to deny what Mr. Butler had alleged against him. The CHAIRMAN addressed the Jury, recapitulating the evidence and lamenting the frequency of such cases, the Jury immediately pronounced him—Guilty. The COURT on passing sentence, observed, that the prisoner had committed an offence for which he merited to be transported for seven years wherever his Majesty, by the advice of his Privy Council, thought proper ; but, from his age, the Court in dulged a distant hope that he would amend. The sentence of the Court was, that he should be further Imprisoned One Year. The following signatures were attache - d to the pri soner's petition : W. 'Wilberforce, £l, Lord Dudley and Ward, £2, Alexander Baring, £l4 Sir Geo. Stauuton, 41, J. J. A. £l, Harrowby 42, R. Ryder, 41, blanvers, /1, Countess Dowager Manvers, £l. CHARGE OF LIBEL. . Yesterday, little Waddington was put to the Bar to take his trial upon the charge of having published a wicked and seditious Libel, for the purpose of ex citing sedition amongst the soldiers, and alienating them from their allegiance to his Majesty. Waddington, having been arraigned, pleaded Not Guilty.; and then addressed the Chairman, requesting that the Jury should be sworn in his presence. They had been sworn before he entered the Court, but he said it would be a satisfaction to him to see the thing done. The CIIAIRMtM immediately directed that the book should he banded to the Jury. The Foreman loving taken it, Waddington was called upon for his objection, if he had any. , 'Waddington then said* , If any tax-gasbag, or ~erson employed by Government. or Connected with Government, or contractor for Government, is in that bot, 1 object to his being sworn." The Foreman said, he believ ed that there was no person of that description in the box. The CHAIRMAN put i; to the Gentlemen" of the Jury, whether any of them answered the description given by Mr. Waddington ; if that was the case, he was convinced those so descried would have honour and feeling now to retire from the box. The Jury, after a short conversation amongst themselves, declared, that no person of the kind objected to was in the blx. Waddington said, he had no further-objection. As soon as the Jury were sworn the second time, he applied for, and was instantly accommodated with, pen, ink, arid paper, for the purpose of taking notes. Mr. RF:vsornas then rose, and stated the case in a speech of considerable force. lie said, the offence with which the defendant was charged way one of the most serious description, being no less than a delibe rate attempt to alienate the affections of the military from his Majesty, by the publication of one of the most gross lihels that have appeared before a Court of Justice. The Learned Counsel then proceeded to state the substance of the libel, which he said Wad dington had thought fit to .publish .at a period when the public mind was in a state of great agitation, in consequence of the proceedings which it had been deemed expedient to institute against her Majesty.— The libel was in the shape of a placard, and it stated that the soldiers were the friends of the injured Queen, that they would support her rights, and then a de pendence might be placed upon their equal eagerness to support the rights of the country. It then alluded to the Revolutions in Spain and Naples, and called upon the people to love the soldiers, who were all friends to the Queen, but who were cut off from all communication with the rest of the Public, and, in fact,: prevented from seeing the faces of their coun trymen, except with their bayonets fixed, or drawn swords.. The Learned Counsel dwelt upon these sentiments as peculiarly calculated to inflame, but he thanked Gon that the loyalty of the soldiers was above the weakness of being shaken by such an appeal. —Evidence was called, proving the publication of the libel, and it was put in and read by the Clerk of the Court, as follows : " ENGLISHMEN !—Love the brave Soldiers, for they are your brothers, natives of the same country, sufferers in the same cala mities. They have achieved victories which no soldiers, either ancient or modern, perhaps ever equalled—certainly never ex celled. However reprehensible the motives which caused the war in which those victories were achieved, still the conduct of the British and Irish soldiery reff:cts immortal honour upon the arms of your country. But what is the reward of all theta vic tories? Are not these brave men confined in barracks ?—cut off from all communication with society ?—never permitted to see the faces of their fellow-countrymen, unless it be with fixed bayonets or drawn swords in their hands? The Soldiers to a man love your injured Queen ; they are determined to support her rights—to protect her honour : and, depend upon it, the hour will shortly arrive when they will shew themselves equally determined to support the rights and liberties of their country.— Remember Spain and Naples ! and love and respect the Soldiers. Eighteen hundred dollars per month paid to two Italian swearers. How many soldiers would this money make cor , :ortable?" Waddington then proceeded upon his defence with a great deal of calmness and collectedness. He was sure, he said, that the Gentlemen of the Bar had done their duty to themselves and their employers, in exercising their talents against him ; but there was another question, with which he believed the Learned Gentlemen had not had quite !.o much to do, namely, the question of their duty to the Public. They had been professionally taught to reptesent what was right the wrong way. But it could not be helped ; the Gentlemen were earning a livelihood in the best way they could, according to their judgment; but when he was apprehended, he was .engaged in the same sort of duty towards himself, in earning a live lihood. When he entered upon the business, he was convinced he was not performing an illegal act, and' he was now equally convinced that the Jury did not' consider this bill a libel. Why a libel was a mere creature of the imagination, and that was a manly appeal to Englishmen, built upon the authority of the Bible itself. It called upon them to love their fellow -creatures; and were we not instructed by' the Sacred gook to be in brotherly love with each other? He recommended the friendly connexion, both when he considered-the character of these who were not sol- ' diers, and those who were to be celebrated in history for the blood which they had shed for their country. His opinion was, that the soldiers were highly de serving of praise. He contended, that this was not so much a prosecution against himself as- against the Press, and begged to know whether there was any thing condemnable in saying that the soldiers loved an injured Queen?—Why had not the Morning Post been prosecuted ?—He then read some observations which appeared 'against the Queen in that Paper, and said, that if his bin had been to that effect, and recommended the making a martyr, by boiling or roasting, there would have been no complaint; but a hireling Press was at work, and these were times when men might expect to be prosecuted even for thinking what might be called sedition. Grand Ju ries would find true bills, for the matter lay all easily before them; but, thank Goo! there were other sorts of Juries.—Why had not Flindeirs Luminary, which contained a direct and cowardly attack upon -the Queen, been prosecuted, instead of that bill, which was no more a libel than loyalty was a cause of cor ruption ? It all sheered, that ever stnce her first ac quittal, she had been beset by spies; but as the 21st chapter of Proverbs, 25th and 26th verses, says— " Strength and honour are her clothing, and she shall rejoice in time to come. Yes, she bath opened her mouth in wisdom." Had she not proved her mercy, too, as well as her Strength and honour, by permit ting Mr. Majocchi, her enemy, to go, after he had committed what he might have been mad:. to answer for? He should say nothing of the highest Autho rity, more than that he knew not those things to which others Were privy—that he knew no more of what had been done, and what had been doing, than the deaf or the dumb. The defendant concluded by quoting a passage from Solomon. The CHAIRMAN asked Whether he had any wit nesses to call ? Waddington" Sir, my cause has no occasion for .witnesses." The CIIAIRMAN (Mr. Coxst) said, the indictment charged the defepdant with a crime of great magni tude. The question had branched into subjects with which it bad nothing to do, inasmuch as the conduct of other publications had no reference to-that which - was laid before thzu. Although Alm-At-41 of the (basin had prodnettil a great deaf of speaking 3,1 writing, both against 'her Majesty and agains: those who instituted the proceedings, that Court ha_i not to question whether she was properly or improperly arraigned. A time might come for the consideration of that question. In the meantime, it would be but prudent and fair to withhold the application of hard terms from either party. The question was, whetimr this paper had been published, bona Ale ' will the view merely to political observation and fair part , : discussion, or as a vehicle for the introductiort-ef comment of a seditious and dangerous effect. If tl7e. Jury were of the former opinion, Mr. Wadding tea was entitled to an acquittal; if cf the latter, he :trim be responsible for •one of the most heinous - offences against society.—The Jury retired, and in an hoer returned with a verdict of Not Guiltg. Waddington immediately took his hat andwatkef quietly from the hit- to his friends in the 11-0 1 , congratulated the little man with loud shoats, aij clapping of hands. ANOTHER CEIAEGE OF Lula. William Holmes, a person of indigent Appearance, was indicted for having published a seditious and malicious libel, calculated and intended to exci.e the soldiers against the Government, and alienate them from their fidelity and allegiance to the King. The CHAIRMAN pronounced the libel to be of the most flagrant description. As to the defendant. he had told what, unfortunately, often happened, that men distributed poison without knowing what it wac. ft was, however, through his means the paper got before the Public, and he should have known better, and was responsible. The Jury immediately returned a verdict of Guiltd, but recommended the defendant to mercy. . .... The CHAlRMAN.—Certainly the recommendation .of a Jury shall be always attended to. The CHAIRMAN, in passing sentence, said, the re commendation of the Jury did not lessen the guilt of the defendant, who had published one of the most atrocious libels that ever disgraced the public Press. He then sentenced the defendant to—" Imprisonment in the House of Correction for Six Months." The following Answer has been returned by het MAJESTY to the• United Incorporations of Mary's Chapel, of the City of Eciinbur3h : " The United Incorporations of Wright, and Masons, ani six of r trades, commonly known by the name of . the United Incorporations of Mary's Chapel, in the City of Edinburgh, will accept my unfeigned thanks for this affectionate Address. " I feel the most unhesitating assurance that the present con spiracy against my lionol!r and my rights will experience the fate of its predecessors ; that it will leave my reputation unsul lied ; and bring disgrace only on the contrivers of the plot, with all its subordinate auxUiaries. _ _ _ ' My life will fnr.lish a singular example of the native strength of truth and innocence. These have been my principal suppoi t against a host of enemies; and of enemies, too, armed with all the powers of a mighty State; famished with unlimited supplies of money, and assisted by a degree of corrupting influence such as no Government ever.possessed before. But this enemy, so vast in might, and so unbounded in his means, has been van quished by the force of troth, assisted by the Liberty of the Press. It is the Press by which the sympathies of the People have been most powerfully excited, and by which myriads of ' friends in every part cf the kingdom have been called forth to protect my interests and tt: advocate my rights. " I strenuously exhort and earnestly requsst my friends in the North, as well as in the South, never to lose sight of tSis truth, that Britons can never be enslaved while the Press is free.— Public opinion, which is a new power in States, and which - ise salutary check upon every other power, owes its origin to the Liberty of the Press; and it is impossible for one to survive the other, or for liberty to exist when both are destroyed." COVENT-GARIMN THEATRE.— The Beggars Open was repeated last night, and Miss GREENE . S Polly WAs marked with the same brilliant success which it experienced the preceding night. The plaudits were as frequent, the enthusiasm as ardent as before. She may, we think, consider herself fairly stamped with the seal of public approbation, and will dcubtleA prove a very considerable acquisition to the Com pany. After the Opera, the principal dancerof the Opera House, who have been engaged (with one ex ception, Mr. OSCAR BYRNE) for a limited number of nights, made their first appearance in the grand Ballet of Joconde ; or, Le Prince Troubadour. The chief characters were supported by Monsieur, Lachouque, Hullin (file), Toossairt, Than (pert,) Le Blond; Mademoiselles Mllanie, Miss, Valet, and I t, This elegant little Piece is too 'well known to re quire any description, and it was produced in a manner in all respects calculated to do great credit to the taste and liberality of Ale Nlanarement. The music was executed admirably well, the scenery and decorations were truly magnificent, and the Per formers appeared to as great advantage as we ever recollect to have seen them. From some cause, how ever, which it would not perhaps be very -difficult to divine, a largeportion of the audience seemed to have come with a pre-determination not to be. pleased. This hostile disposition was very early manifested in cries of " Off, of —no Italians !" and various other vituperative salutations, some of which it would be impossible for us to repeat. These hostilities were directed from various quarters, but particularly from the upper parts of the House.- The Ballet was brought rather precipitately to a conclusion, and the curtain fell amid a strong conflict of reprobation and applause. Mr. CONNOR, who advanced immediately after to give out the Play and Farce for to-morrow, made no mention of a Ballet, which circumstance was bailed, with what justice we know not, as a triumph, by some of the angry spirits. BIRTH. Sept. le, at Manchester, the Lady of Capt. Slegg, Ist SoY4 Dragoons, of t daughter. MARRIED. Sept. 19., Et Edinburgh, James Clark, U.D. to Barbara, nall daughter of the late Rev. John Stephen, LLD. Rector 4,i Christ Church, New Providence, Bahama Islands. Sept. 19, at St. George's, Middlesex; Mr. Joseph Nash, snr aeon, to Jane Amelia,daughter of Illobt. Stevens, Esq. FAknuutos. DIED. Sunday, at Clifton, Maria, daughter of Francis Fownes Luttrell, Esq. of Clapham Common, late a Commissioner of his Majesty's Customs. Supt. .5, at 3luiraeld, East Lothian. Major Spencer Coch rane, of the East India Co:npany's service. At Mons Sous Vaodere, near Geneva, Kean Osborn* En. of • Upper I larley-street and of Jamaica. Sept. 14, in corseqiicnee of a severely fractured leg, William Pooh, twelve years co.:el:man to Mrs. Claveriag, of Softluun berland-street, Newcastl.!. August 19, at South Heston, near Louth, William Bray, aged 22 years. His death was occasioned by washing his feet in eta water when in a state of perspiration. HIG -W ATER at LONDON RR! D (;12 TO-MORROW Aicrnlng alintael cite 2 Atttruops - 48 3 Lc)guoN" rgo ir a pd 01111)111,d by tens. *city. ii,kds• Tv-Jyte-Liu.