Star. — London, England, 1817-01-21 00:00:00

felony is made out. In. eM cases of a criminal na ture, it is evident this Must tridnubtedlg be the case. In the cime of morder for example, it vs not requi site, to coestittne that crime, that every person pre sent at the commission of the crime should actually iunflict die blow which produces death; as the law considers every ireozoi, whether lie btrikes oe not, to he guilty. One observation was, as 'you heard, addressed to me by the Counsel for the ner, which I could not listen to, via. that in ()Herm) constitute felony, it was necessary to shew it had been committed cairn hurl. This quality is by nn means connected with the crime. The law ci.nsiders it fe lony whether there has brea gain or , provided there is'slifScient proof of the kloitio4 intent. The pesent case now submitted to 400rAunsideration has no particular dictismity or intricacfcumrccted with it. In order, however, to give you" emelt:re view of it as I pu;sibly can, and to assist you in &ming a proper rpoomi respecting its merits. I shall new direct your art,-ntio!; to a general review of the evidence as it affects each individual separately, as this will give you a more distinct idea of the whole. (Here the Learned Judge went over the evidence respecting the prisoners individually.) He observed. respecting Hooper's witlesses to character, that it was by no means possible for them to give any credit whatever to what Mr Harding, living in Marsham-street, hod said respecting him. That Gentleman bad not seen Hooper for the last two years, and did not crest know where Ins lodging was. To be sore be had been in his company on several occasions, and bad spoken to what be had seen of him on these occasions. Yet from such transient interviews. it was merely impos sible for any man to decide what was or wet not the character of the individual with whom he met.— Admitting, however, that character bad been fully . established, that vitild only weigh where the crime. c i larged against the prisoner was supported by doubt- Cal evidence. In such a case every Jury knew it was their duty to give character all the weight it justly deaerved, but they also knew that where facts were properly made out, character had no tight whatever to influence their verdict, although it might operate afterwards, when the punishment of the crime was the subiezt of consideration. With respect to the de lames of Gael:sell, he stated his having picked up the arms in the street. If this was really the case, then undoubtedly the charge of felony as it related to him could not be sustained. Yet the Jury would remem ber, when they came to consider this part of the case. that one witness had decitleille sworn to his having seen Gamble at the east window of that shop, and that the owner of the shop, in identifying hi s pla petty. had also positively sworn that the gun was in the east window, at the time he left the shop s which was also confirmed by Roberts.— No doubt some individual concerned in that unhappy Dodson might have taken the gun out of the window, but Purely it was most untonuuate for the 'prisoner, that It had been found on him on that occasion. As to Carpenter, the evidence affecting him was the slightest of all. He had indeed said he was home on the fatal Ssi of December, by half-past one o'clock. This might very well be the case, and yet he might boa been equally concerned in the transaction. As heerever it was the province of the Jury to judge of all the faits in the CAW§ he had no doubt they would give this circumstance all the credit they considered it drerved. . nese she Loan Memos) made sans obserSatioos to the Learned Judge respecting some evidence which be considered of importance in the cause, and in con sequeace of which Mr. Nobler, clerk to the Lord Mayor,. was called as a witness. Mr. Justice Paid!, before heating Mr. Mohler, observed, that with the concurrence of the Counsel for the . prosecution, be should gladly hear Mr. Hobler. as it was never too late to see justice dens to a prisoner. Mr. Ham, .alluding to Vie notes he had tikes on the easminatioa of the prisoner, said, that in hit examination before the Lord Mayor at the Mensitin House, Griffin had sworn that Clubman had pre. seated the pistol to him whereas he this day said it was Hooper who bad d one so. C l ean being called up, said, he meant before the Lard Mayor to say it was Hooper, and he mistook. Cashman, !who was standing close to Hooper at his Lordship's bar. He was sorry fot the mistake, but it bad not been ecerected in time, as he signed his deride° without reading it over. Justice Nan observed, that he was always glad when any oppo rtunity . occurred. before a Jury was inclosed, of aims them all the evidence which k was possible to furnish in any casebefore them, and with that view. be had permitted the fact suggested to him by the Lord Mayor to be stated. At the same time, be atknowkdged that he was very much dis satisfied at the conduct of Grille, in not carefully feeding over Ms &polities before be signed it. He crowed an. witness would henafter be so careless, as it was dangerous to the gads of ppblis justice. He would also sake the liberty of observing to the Jury, that depositions were frequently taboo 'very iocor rectly, though be by no swans await to insinuate sly thing against those who tech then. Actuated by the best and purest roodessoindivislonlimemembiliess might mistake tuns, and therefore mpch cantina was masonry is looking over these astoshia —His Lordship then observed, that haled takes as impartial s view of the sant of ii:ck IS be believed it was possible far any man co take. The Wavle quip. ciao - before the Any wee, whether the ovisoaers bad been present or not on this ocomifm• whether they bad acted as charged, and whether she persons 'idle shop had been pet in fear? To this, and this ady were they called to attend. They had nesiskig what ever to do with the consequences which alight result from their verdict, as their . proviose was eddy to de cide on the facts. If they Atha smallest degree bad a doubt, they would of coome give the full benefit of that to the prisoners and windier their condo. sion might be, be had no doubt but dliey would act in each a manner as at once to safisfy fist depapds of public justice, and at the same time give the prisoners all that impartial attention which so Impartaat a case as theirs required. Ms. Justice PARK having finished his address, the Jeti'dissiced leave to withdraw. Thii was about arm 'pinatas after four o'clock, and they did not • resurn into Court till a quarter past six o'clock, when they preaoeneed die following verdict s John Cashman, John Hooper, Richard Careobie.Wes.Gunnel, and John Carpenter, Nee Goilty. The Ammon was the only Judge present on the Bench to re*/ the verdict, an-. 1 seemed, by his lOW net-, to earth same surprise at the attrattal of the four last, When the lore Man of the Jere eetemed " John Hooper NOT Guilty," the Rar^itgx t, thinking he had tint heard him distinedy, said, " Hooper not Gui:ty ?" The ReCONVIIR then said, w Let tbr font L o t b e detained and tried for the misder,esionur t and let another London Jury be summoned for to-morrow at ten o'clock." Wnile the Jory were out of Court, considering their verdict, another case we: tried by the Middiesex Jury. It was that of Jacison, charged with steal ing some coach-horse harness from the premisei of Mr. Dyson, livery-stable keeper, or Patk.lane. or - the 9:11 of December last. The facts of the theft were sufficiently established. The prisoner, when called upon for his, defence, 'pleaded poverty, and said that he wos reduced to the utmpst want, and that his Wife was in labour at the , very time. in proof of this two women came for ward. and said, that they were called in on the Ohl of. December to visit his wile, who was taken in la-' boor ,at the time ; and Nowlin the house neither food nor firing of any kind. - The Jury found the prisoner Guilty ; upon which I the prosecutor stepped forward, and earnestly re-, commended the prisoner to mercy, having ascer tained, upon inquii y, that his statement was correct. OLD BAILEY SESSIONS, JANUARY 21. At an early hour this morning the Court was es• cessively crowded, in expectation that the indictment' of JA$ll5 WATSON, sen or, would be she first which would come on for trial. Mr. WATSON, however. WAS not called up, and the Coma proceeded to the trial of another of the Rioters, Althea gnaw% the Black. The indictment against him charged him with having, on the second December last, stolen from the shop of Mr. RAE, a gunsmith in the Mi. flocks, a quantity of guns, pistols, and other weapons. Mr. GURNST having addressed the Jury and stated the particulars of the charge, proceeded to call the following witnesses Mr. Rae stated that he lived at No. 91, Minorite, and that between one and two o'clock on the 2d of December last, a number of persons came towards his shop, to the amount of from 100 to 200 ; that be immediately closed all his apartments, and looking out of the window, saw the mob about 100 yards from his house; that a body of them then came and broke into his shop, when he escaped into a neigh. homes house ; that he afterwards found that property in his shop, amounting to upwards of £lOOO, had been carried off, consisting of sundry firearm, £7 in Bank.of.Englind Notes, and 30 shillings of copper. The prisoner being asked if he wished to put any question to Mr. Reef replied, hi did not. Mr. Hall being sworn, stated, :that the mitts on the Id of December, amounted at first, only to about fifteen in number; but that shortly afterwards they increased to about two hundred; observed the prisoner in the Minories, previous to going to ht. Rae's, with a sabre in his hand, brandishing it about. Saw the mob break the windows of Mr. Rae's shop, and thin carry arms away. The mob afterstaftls went to the bark premises, and succeeded in forcing an entrance there. They remained in the' house for nearly half an hour, and then came out Into the front of the house, with various articles of lite4rnit and wearing apparel. The prisoner was then in the Middle of the-mob, brandishing his sword, and appbrently extremely active. Abraham Samuel swore that he was a city con stable; saw the prisoner on the 2d December, whilst he was standing opposite Mr. Rae's, with a broad cutlass, and was positive as to his person. Ssw him with his band in the window of Mr..Rte's shop, handing some of the fire-arms to die mob, and that he seemed to be the most attire amongst them. John Wilson, a Life-guardsman, was 4111 duty the 2d December last, in the Miseries; saw the prisoner amongst the mob, near Mr. Rae's; he had in bis hand a sword, and was quivering it about; be (the witness) bit him with the flat side of his sword, the priseiler then gave up the weapon. Thomas fkaascomb, a city officer, stated that he apprehended the jpisoaer at Northam, the 10th of December, when the prisoner admitted that be was j is the mob the 2d of December. The prisoner being called on for his defence. said. that a man pot' the sword into his band, but that be aeon took thestverd front Mr. Rae's premises. Mr. Jamie* Buaaot►nus then addressed the harp when, after a short deliberation, diey returned a ser ~diet•.Gwltt. Willion Aidtihrws was then arraigned, charged with having in his possession a pistol, the property of Mr. Rae. 4-- Delaney. a pawnbroker. being swan, stated, tant the prisoner at the bur, as the 4th December, anted him the pistol in question to pledge. The plod had the mark of 6 ‘ T. Rae. 91, Mimi's,* sad wing it quiet sew, it entered his mind that he bad not cease honestly by it. The prisoner told bim tha t 1141 was an officer's servant. mid that bis Master be. I loosed so the Mosier. The pistol, from these SUS. FiCiMIS arCOIIIIIIIICII6 was wept. Mr. Rae being sworn, stated. that the pistol in question was stolen from his shop on the 2d of De !Amber last, and was his property. A Clerk to the Thames Police Office being SWIM said, that -the prisoner. on his ezarainstion at that Office. stated. that be was servant to Lieutenant Prior. *of the Montague t , that the pistol was brought on board the said ship about two years and a halt sack. Mr. Justice Palau having addtes*d the Jury, they LONDON. TUESDAY, JANUARY 21, 1817. PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK Itedumi 63i1—.Coss. aaa —Coss. for ace. is 4 prr Cc/n.llOl-5 per Cott. Amy sal Eschequer Ma o 118.111s.pr.—ladJa Houds, tbs. tie. pre. It is currently reported, and we believe net with out some ground, that Ministers have resolved to propose some Reform in the Parliamentary Repre sentation, by annihilating the power of some of the Rotten Boroughs to send Members, and conferring that privilege upon some of the greater Cities and Towns, as Gla►gow and Manchester. Last night we received German Papers to a late date, from which we have given, in our first page, several extracts, possessing more than usual interest. Among these is an allusion to a Note said to have been delivered to the French Minister by the Russian Ambassador, relative to the conduct of France to wards Sweden. Though this has not been given to the public through either a French or a Swedish Journal, the article appears to rest on some authority. Ile Emperor AzzrAttneft complains, it is said, very seriously of the manner in which the Caowe Panics of SWIIDISX is treated. He observes that BEAWADOTTE •sincerely and honourably joined the Alliance and powerfully contributed to the decision of the great day of Leipaic i and, in a word, that the French Court ought to treat him, as the other Powers have done, conformably to his dignity. . This conduct of ALTUNDZIL ii t we think, honourable to himself. It is altogether unworthy of the character of Monarchs first to employ the services of individuals for the at tainment of particular objects, and afterwards to con vert their own success into swans for humiliating or degrading those who acted with goad faith towards them in the conflict. The Emperor has also addressed a letter to the Author of " The Hots of Germany," thanking him for the justice done by the writer to the sentiments and.cooduet of the Emper( r, in the view taken in that work, of the"f Fraternal and Chrietian Alliance Of 116th September."—We cannot allow ourselves to be so uncharitable as to believe that this reassurance of the purity of the motives which induced the Emperor to effect this alliance has in it any thing of hyp,, risy. It is certainly possible that he and others may misin. terpret the precepts of the Coda to which the appeal is made ; tat if they are sincere, and assiduous in their er.deasours to understand their meaning, the result will assuredly be highly beneficial to mankind. Another article dated from Arau, though not ap pearing as official, seems to be authentic. It throws considerable light on the affair of the French Loan. The Ministers of Loins could not make good their regular payments to the Allies, owing to the bad harvest and other circumstances, and entreated that such of the hat as were not yet put in circulation (about 18 m►llions of francs). but due in January and February, might be deferred till March and the five following months. It appears that the Ministers of the Great Powers wished to accede to this request, and to employ their influence with the lesser Powers to gain their compliance. Here then we have the origin of the Loan. Whe. then the request be ultimately complied with or not, to the eatent desired, money is wanted ; and k will be much less inconvenient to France to pay the Allied Powers with other people's mosey than with their own. We ask a plain question.—Where has the principal pan of the bullion of Europe been made to 'centre by the effects of the French Revolution t In France. How tby what the French called contrite. film, but which were really rolierier, effected by re .phr band; of armed robbers; by confiscations; by fraternal aids extorted by the bayonet ; nor was this the only part of the machinery employe)—this was only the open, avowed, shameless public pro. cedure •f the Groat Nolen. There were, besides, innumerable private traders in the art of pecula tion and theft. Almost every Commander of her armies was a thief, all the Mars:ials and Generals were robbers, every officer and private soldier plun dered without mercy and without remorse I And now, Europe having pat an end to this, France very honestly tries t• persuade those whom she has robbed to lend mosey to her—But we must stop to announce the arrival of a . HAMBURGH MAIL. By this we are informed that the Swedes are very active in restoring their navy. A very large first rate will be launched is a few months at Carlscrona, when the fleet will consist of eleven ships of the line, in the best condition, besides a number of smaller rates. The Hamburgh Papers are chiefly occupied with speculations respecting the inLence which certain, ranks should hold ill the new eonstit may be estab:Hred for the different Ge, but they entry no official stamp, and hetray great ignorance of the fits( princi) tical association. ACQUITTAL OF U. WAZ .....",- STAR-OYFICE, HALF 11, The Trial of Ut. WATSON, 00 the ting aad maiming Ruests and Grm.rano, evening of the 2d of December last, , three o'clock this afternoon. The indictment having been read, for the Prosecution, proceeded to state the charge to the Jury $ but was in a , terrupted by Mr. Justice PARE, who reml by the Act on which the prisoner was was necessary to proves wilful and mat while, by Mr. Custran's statement of to be adduced, it was evident the not be established in the present Instance. Statute was a special one, and the - could not be exceeded. He had, difficulty in directing the Jury to acqut The Jury, accordingly, instantly brought of No Guilty. PARIS PAPERS. We received late last night the PL Friday, and this morning those of /heard& The proceedings of the Chamber of - their Sittings of the 16th, we have column. The debate on the Plan of Law the Liberty of the Subject, was Snail) upon a division them appeared 136 for it—leaving the oppositionists, or ultra-royalist again in the minority. The discussion, though long, brought of importance, in addition to the reason the able Report of the Commission which a former Paper. A suspension of the laws in favour berty, is a thing at all times to be viewed jealousy ; but if such a suspension was - year, as it most assuredly was, it is think to maintain that that necessity wholly removed. Nor has it been otherwise admitted by all parties, that in the fret law for the present year, the Ministry &teed many important modifications, tend greatly to lessen the severity of its In the Sitting of the 17th, the proceedii we have also received, the Chamber proceeded discussion of the Plan of Law regardity of Books and Papers; but the Opp: to have been so subdued by their previous that they made no stand whatever agair branch of the Ministerial system of Poli at once put to the vote, and carried h jority. NAPA/. MTELLIGENC, FALMOU I li, JANUARY Arrived the Portuguese brig Santo Com, from Petersburgh for Oporto ; lotte from London for Gibraltar ; and Ernest packet, with a Mail from Lisbon, when coming over the Bar she spoke the gent schooner, from London, in 21 S. S. W. fresh gales. PORISMOtITH, JANUARY No arrivals or sailiugs.—Wind Soi blows hard. DEAL, JANUARY ee. Remain the whole of the o.itwartl-bont • . and the Kent, IRELAND, for C4lcut-ta-.--7 PENZANCE, JANUARY la • Arrived the linty, Hocoonuo, from ' mouth, with her sail splh : last night , med between two vessels in the Pier, sprui and was nearly full of water. LOVER. JANUARY 20. Arrived off this purl the Thomas Bo Virginia. MARGATE, JANUARY 20. Arrived the Venus, ATIIIIRDON, from Plymouth. with wheat, leaky. and her away. GRAVESEND, JANUARY SO. Arrived the Achilles, Istsishman, from Kew Bret andria, Booshed, from Rouen. Sailed the Apollo, Bombay; Paleverante, hi• Nab, for Belfast ; Indust, for Lbsseriek; Three. Brothers, Savage, for Arnie( Yesterday a Cabinet Ceauicil was held at the Foreign -Office. The Mini bled at half past two o'clock. and coot beration full three hours. There were Lona CHANCELLOR, the Earl of I lanaol of IVElTstoureun, the Earl of LIVIIRPOOL, CELLAR of the Exciumeur.rt. Viscount Mas. , count SI ONIOUTit e Viscount CA STLailr BATHURST, Mr. CANNING, Mr. B. BATW /UMW-LANE THEATUE•••••The traged was revived at this Theatre last night, pose of giving a new scope to the exercii KEAN'S genius in the hero of the piece, few parts in which he has been more SC illoan of RAE displayed considerable di The Initial of the night was MIS 6 Sow she gave many proofs of augmented and skill in acting. The house war every part ; and " bronooko,” in its rei likely to become a layout ice with the Duke and Duchess of thouussTaa Theatre with their presence. DIED. Saturday, the 4th Inst. at an advanced age, painful Hitless, Mrs. Elisabeth Bishop, wits of the 64th Regiment of Infantry. Jan. 2, at Balconsy, Ross shire, In his 25tb and Adjutant Mrs. kale, of the 4th battalion 60th , Jan. 2, at Bath, Captain Omega Lawson, of Kenom • LONDON: Prue iby Litirst. Klerillickokyhree; Pubbeinglque, end at the btar•Olbcr, itutions 4%; pelmsn sndry of rt. ! , nciplet ti ;,. . .TSON. • PAST Tilsit . charge of cur. %/Immo, nn commenced at Mr. Gu aira, e the nacre s { o short time ii remarked, tfr u as indicted g s it talieons intent , of the evident:, at such solid instance. T;: e he terms of it therefore, ro tit the prison,. ght in a venitit 'aris Papers of aturday. of Depuzin ven in anothr Law regardi ng ly closed, aid r and 92 assist ht forth nothiag ms contained in sigh we gave in of personal li. wed with great s neceuary last is difficult we can already b. otherwise thl. framing or try have intre. s, which mu.: its operation. edings of v;'•*.- 1 1 roceeded to t'!: ing the se;r:r? ?3sition apr-J- -reviuus dete.tt , , linos this Ct!.•: lice, and : by a great rad.. 'CB. o Antoeo Princess 091• ,nd the Prise. in in sit tys. the Prince Re- day:.,-...W1414 20. southerly. and onnd as I.• 1,;r04 —Wind j. a. Cork for Fa - t the got jar , ' sprung a legi, Bounce, fri - rn D. • Antwerp fa er gaff catfed to. 3ronnrick; A!.: Tarto.vt, Induttry, twerp. onexpected . :f roisters OWN - Itinued in tia. re present th! owns, the E tai amt. the CUP.. doti.visse, curies, Ea7l muss?, Stz. edy of Oreeralt it, for the pv:i • txacise of Nl'. ce. There 37" uccessfuL Tts chscriniinatiur ft;itvis.t.r, An: ed sotelligoof is ctowded to evived state, i= Public. TL: honoured after a Leo v.: Major FUMY' year, Lieutens 60th Re g unerr. Keibington Lam' elan -.611e1; * Verople-lieb. returned !her verdict, that the prisoner was Guilty U•isitie Isratty. Ma Flaws was likewise indicted for stealing a gun. the property' of Mr. Rae, in the Minories. on . the 2J of December last, and was found Guilty of Ample la►:emy. This nv)rning the Grand Jury for Middlesex re turned a true Bill against Joiner Wow,: the elder, Jam.: WaS9lf the younger, John Helfer, Theme: Pm too, and 1 harear Caohnson, on a charge of Conspiracy and Riot. This iadictment is expected to be tra verbed till she next linasions. THE EVENING STALL.