The National Register. — London, England, 1821-12-16 00:00:00

OLD BAILEY SESSIONS. • SATURDAY, DEC. P. Thomas Saxelbye, a man of most respectable and vene rable appearance (70 years of age), was this morning put to the bar, to take his trial before a London Jury, upon an indictment charging him with !flaking and forging, and afterwards uttering as true, a certain will and testament, purporting to be the last will and testament of Thomas Robinson, deceased. The prisoner having been arraigned, and pleaded Not Guilty, and the Jury having been sworn, Mr. Broderick open2d the indictment, which comprised several counts, and Mr. Adolphus proceeded to detail the circumstances to the Jun•. The clinic imputed to the prisoner, he said, was that of hitending, by lot gery, to deprive those enti tled by law to the succession of the property of which the late Mr. Thomas Robinson had died possessed. or their right It was neither his duty nor inch nation, lie said, to lead the Jury one step towards a conclusion in this ease, or to oti . er a remark in aggravation of the facts which he should submit to their consideration in evidence. The eiretimst lIIVes which led to the present proceeding were thrse:-111 the year 1815 there lived at Hull a gentleman of the name of Thomas Robinson. lie was a bachelor, abort 28 years of age, possessed of very considerable pro. perry, (ruin 15 to ::0,0001. Being a bachelor, lie lived with his mother in law. This lady was a widow at the time his father had married he•r, but she wits not his mo ther. Upon the death of his fiitier, Mr. Thos. Robinson succeeded to all his property, with the exception of an annuity of 2101. per a:imine, which was charged upon the estate during the life of his mother in few, and which she enjoy( d. About the beginning of May, 1815, this gentle • Ilium was seized with a disease a Inch, in the end, ter minated his rakirtier. Immediately sifter his death, his mother made the most diligent search, in every part of the house, in the expectation of finding a will. For a long time it was supposed he had died intestate; but at length a paper was found, on wine!s were written, in the 11i:1111.. V.l tittle of the deceased, a memorandum, stating his desire " that all the property of which he al Id die possessed should he dedicated to Elizabeth Robinson, his late father's relick." This pa per at as sent up to Diictors' Commons, and attentisted to be proved as die a ill of the deceased, eat ly lit the month of June, 1515. Upon this document it appr area that a snit was instituted ; but, as it would be proved, after some time a notice was served upo a ai rs . Robinson's proctor, unnotincing that the Court 11411 de rided that this paper could not in any sense be considered as a will, and that, unless a will or some testamentary paper were produced on or before the nth of September, a decree would lie issued, declaring that the deceased had died intestate, and that the next of kin would be admitted to the administration of the effects. By this decree, the mother in law, who was not the next of kin, would of course be dept ived of the possession of the property, and all her views and hopes with respect to the succession would he frustrated. In this state things remained until almost the last moment prescribed by the notice in ques tion, namely, until the 3d of September, when there came from the hands of Mr. Saxlebye, the prisoner, a paper, which hail been set forth in the indictment, and which was to this effect " The whole of my property I wish to give to my Ma ther in law, if she survives me. With respect to my uncle (who, it would seem, had been guilty of sonic bad conduct, I hope she will be good to him when she finds it necessary. (Signed) " nom as RUBINSON." Tlll3 paper, was the paper which the prosecutor, charged to lie a forgery by Mr. Saxlebye, tittered by him at Doctors' Commons, for the con opt purpose of gaining the property described fur the mother-in-law. Several witnesses were then called to prove that the sig not lire, " Thomas Robinson," was not in the hand-writing of the deceased ; hot on cross-examination, they almost all completely neutralized their evidence by hesitations, amounting to admissions that might he in his hand-wri ting. One of these witnesses was observed, during Isis evidence, to keep his eye on flue attorney for the prosecu tion, Mr. Rushworth, who stood tip opposite to him. Mr. Baron Gant ow ordered Rusliwot th to sit down. The ptisoner, on hying called 011 for his defence, pot in a written paper, in which he reiterated the statement made in his deposition produced from Doctors' C 4011114113 —stated his perfect readiness on all occasions to meet his accusers, and added, that he had now surrendered to take his trial. A great !umber of witnesses were then called, who not only swore positively to the alleged forgery being the hand-writing of Mr. Robinson deceased, but distinctly contradicted the evidence of many of the witness's for the prosecution—proved the friendly connexion which subsisted between the deceased and dlr. Saxlebye, and the fact of his having been with the deceased alone 011 Sunday the 3 'tit of November. Li addition to this, se vet al persons of high respestability bore testimony to the unimpeachable honour and integrity of the ps 'setter in all his transactions in life. The Jury now !teetered themselves satisfied, without hearing any further evidence. Mr. Justice Bayley perfectly concurred in the propriety of this decision ; and said that, on compating his notes with 111 V speech of the learned counsel who had opened this case, he observed that there was tint a proposition uhi h hi had advanced which he had not Jailed to support 0) evidence, or in which he had not been sails:fin:Wily contradicted. —lie was tuna tiling to interrupt tt:c• counsel tOr the pri soner, however, as lie was desirous that he shook! appear, not that the unfortune•ate man bail merely escaped twin the consequences of this indictment, but that lie was en titled to he reinstated in the same honourable situation of life which he had held previous to his being placed at the bar. The Jury S rid they were satisfied of the perfect limo cenee of the prisoner, and iumiediately prouounced him —Not Guilty. Mr. Shelton, the clerk of the Court, now stated dial there was an indictment for perjury against the pi ismier upon the same facts. After ,coare hesitation on the pat tof the prosecutor to proceed with this indictment till a future sessions, the prisoner, by the recoutmeadatien of the learned Judge, having been in custody when the bill was found, demanded to take his tile' do n , to which Mr. Be rout Gartow, however late the hour, expressed 1113 to WI( ad. Mr. Broderick, for the prosecution, now stated that he should decline calling any witnesses, and the Jury having been charged, they ugain pronounced a verdict of—Not Guilty. Mr. Sergeant Ilullock, oa behalf of the prisoner, applied THE for a copy of the indictmenti with 1t view, it was under stood, to some ulterior proceeding, and the Court acceded immediately to the request. Mon es 1 , , DEC. 10.--HIGHWAY Rosaitior.—Thomas Bertrand any capitally indicted fur assaulting Evan James, on the highway, and taking ft oat his person 4s. 6d. in monies. Two persons gave the prisouer a good character for in dustry and honesty. The Jury found him guilty —l)eath. Aged 19. He was recommended to meo cy by the prosecutor, on ac count of his youth aid former gond character. Richard Wood, aged 15, was capitally indicted for ma licioudy cultitig and maiming Clinks Sittchell Mattock, with intent to murder him_ There were other counts varying the manner of chargiog the oirenee. The prosecutor tool prisoner were fellow apprentices, nod having had a quarrel st o ne blows took pl.tce ' and the prisoner snatched up a pair of scissors, land itifiicted no less than 11 wounds upon the prosecutor, in his breast arms, and legs. Mr. Justice Bayley, however, wits of opinion, that this was not a case, which, upon Slits evidence would, in rase death had ensued, have amounted to murder, and he there fore (lilt-cited an acquittal. ROBSCRY AT Ma. ORDE . S.—Richard Jagn and Thos. Beck were capitally indicted for burclarinusly breaking and entering the tin citing-house of William Orde, Esq. and stealing therein a vast quantity of jewellery, wearing ap parel, household furniture, nod other property, to the amount of several bundled pounds. Gritty Len is and Mary Beck were also put to the bar, charged with receiving part of the property, knots lug it to have been stolen. Mr. Commit] for the prosecution stated, that this was a ertous awl lamentable case, nut often equalled in the annals even of this Court.—Mt. (111 - de um a gettillallall of rtiok, te nding in Berkeley-square, and the wife of the ill iSilller Jag , . had been the (mill (coital servant of Mrs. Orde fur 11 ur 15 years. la June iast she married Jago, mid on that ticcouut only Mrs. Orde discharged her, mill having Utr best opinion 111 her. About that time Mr. and Mrs Orde were going nut of nowt!, for some mouth., mid Mrs. Jag.) aid her husband were left in possession of the house. Illey conthoued there moil (dotter; ou the 10th, ahiout leaf past tell in the even. log, Jago and his wife having been out, retui tied, and utter trying, or tareienoliog, to try to open the door, lie called the watchman to his assistance, saying i Intl the door was fastened inside, and lie was sure there were tin yes in the house. — The watchman tried with the key to open the door, and Hotline it was fa.tened inside, he called to someonter watch men, wins with dolliculty forced it open. 'Elley entered the house, a here they found every thing in confusion, and every room plundered, even the looking glasses and some of the bed: a ere removed. In one of the rooms they room, a cut lass and a bludgeon, a lighted candle, and phosphorous box. Jago, While the search was going on, %vitt to the back part of the house below. and culled out that the thieves must have escaped by a window there, for that the bar had been re moved from it, and it was standttic open. This was found to he the case. The next day infortsmtion wus given of the 1/ClllCry, 111111 Ille hifirlbot oughistreet officers having Call. ruined the premises, and interrogated Jago and his wife, expressed a derided opinion that the house had not bee., brake n into, but that the rubbers had hero let in to plunder it with the eunitivance of Mr. and Mrs. J. 1 ,40. Their sus picions n ere contunicated Mr. Scott, a friend of Mr. 011ie's, hut he could Mrs. Ja u, who-c previous excellent ehararter was a'. II known to him, and no steps were therefore taken at that time. Some weeks elapsed, auntie which Jugo had the au dacity to charge a man, whom he swore lie saw in possession of some of the blulen property, and that 1111111 was app. e hended and kept in custody ten days, but then discharged, there tint being an atom of real proof against him.— At length a . ircumstance occurred which threw some light upun this mysterious affair, and led eventualy to the detec tion of the prisoners. The prisoner, Thoncis Beck, lool.sol at the house of one Gates, and bud prevailed upon loin to take a guilty - part in the execution of the robbery, which had been long planited, and part of the stolen property was conve)etl to Gates's house. G des, very imprudently fur himself and Collfedera(C.S, bile% :mine of the properly to a man named Pugh, who iminediately gave information at filarlharough.street, and an enquit y was set ou foot, which terminated ht the apprehension of the prisoner nod Gates.— All of them, upon their aitiorehemion, confessed the w lode nous:tenon, and each ought to lie admitted au evidence, by endeavouring to throw' lac grease. avight of guilt upon the whets The mail Gates, was finally admitted an evidence for the Crown, tutu it tons then chid eft, that nom the day that Jago first look charge of the Louse the robbery hail been going on, and .4..0d, were daily removed, with the as sistance of Titoonas li ek, met others. When the time up. proached for the return of the fatuity, it unswgreed upon, that by on, gr old manoeuvre the work of plunder should be completed, and in such a untuoter as to relative all movie' from Ja:4ll his ti Thomas Beck and others, toot yet ii titettody, Isere admitted laid the house, and Carried toll the ru inaiiiing property. Ja:',o and his is ice went out, having previously thrown the furniture, &c. into confusion, anti mole other preparations to induce a belief Out the house it td been entered in their absence. 'The prisoners, Mai y Beck and Lea is, were detected in pawtoing it great number of the stolen articles , , and no intimate connection was found to subsist between Jago and the female pi isoner. The learned counsel theft proceeded to call the witnesses iu support of his emeet, and nmoug them Gates, the ac complice, who underwent a rigid cross-examination on be. half of the prisnmirs. Ni,Now intesses were called on their behalf, and they merely protested then Innocence. The Jory, after retiring nearly an hour, returned a vtirdiet, finding Jago and Thomas B. ck Guilty, and at gonna% Mary Beck and Lean. NATIONAL REGISTER TUESDAY, DECEMBER 11. William Crichton a man of respectable appearance, pot to the bar, npon the capital charge of feloni• onsiy assaulting Charlotte Williams on the highway, and stealing from her a shawl, her propel ty. The prosecntrix was a cii I of the town, and of the very lowest order, residing in Lucas square, W Her statement %vas, that she met ph isoner ii4out seven in the evening, of the btli of November, and they went together to the star public-house, where the% remained In the Sallie box noti:l one o'clock iu the moruinL, at which time lie was stupidly 'honk, and she was intoxicated, lint not much, She asked liiin to go home with her, and he consented, but she found him so moils in i.rior she endea voured to leave him. The prism - yr came after her, in sisting on Laing home with her, and when at a shot dis tance ft Oil t I.e public-linsise he caught hold ut her shawl, and it being unpinned it came off. The watchman came up and took hold of the prisoner, but she gave no eliarge of bins. 399 • The Common Yerjtant.—Gentlemen of Jury, there i► no pretence for calling this a highway robbery. In his opinion the Jury agreed. Mr. Andrews, Counsel for the prisoner, said, the whole of this prosecution was the getting up of the watchman, • and the parish ought to know what sort of a guardian of their lives and property they had. One of the beadles said said lie should take mire to rae present the conduct of the watchman to the board. The watchman who was quite a young fellow, had the audacity to apply for his expences, although he had heard the Common Sergeant say, just before, that he should not be allowed them. 'Pile Common Sergeant indignantly refused, and fold him his conduct had been infamous to the last degree. 'lnc lioaacav or MR. °ling.—Richard Jago, who was convicted yesterday of the burglary at Mr. Order's, in Berkeley-square, was again put to the bar, charged with stealing a silk pelisse from that gentleman; and Mary Beck, who was also tried yesterday, ou the charge of receiving, was indicted fur having received the saute, knowing it to have been stolen. The evidence was nearly the same as in the trial of the former day. Jago was couvieted, and Mary Beck was found not guilty. They were again tried on a similar charge, and the name verdict returned. !kis, y Beck was then discharged. Tile CAS( or MR. SAYELUT6.—In the course of thin morning, two of the witnesses for the prosecution against !Mr. Saxelbye, fur the alleged forgery of a will, were in troduced by Mr. Ruswerth, the Attorney tor that prose. cation, and made application to the Common Sergeant to be allowed their expences from the Court. The Common Sergeant said, lie could not attend to the application, for lie did not try the case, and the request should be made to the Learned Judge who did. Mr. Itusworth said, he had been with, them before Mr. Justice Bayley this morning, and that Learned Judge had referred them here. Mr. Andrews, the Barrister, thought it proper to inform the Court, that a similar application had been made be fore by the Sante parties, and they had been told that the expenees would not be allowed unless noon affidavit. Mr. Bosworth said, they were now prepared with the necessary affidavits. Mr. Andrews.—" You ought to know, my Lord, that these persons were refused their cxpences at the trial at • Yu; k." Mr. Itusworth.—" lint there is au answer to that in the affidavits, which Mr. Jus.ice Bayley has read over this Morning." The Common Sergeant.—" I shall not grant the ex pellees until 1 have had the opinion of Mr. Justice Bay ley front himself." Mr. Ituswortli.—" Bat are the witnesses to remain in London until you have decided the point, ray Lord?" The Common Sergeant.—" I shall certainly take care, Sir, that the expellees are not paid to any person but the witnesses." With this answer the Attorney and his witnesses left' the Court, FRIDAY, DSC. I I. TIE ltoaattisr oir Ils.ssits. Cos.—This ease, which lies been su open before the public, was once more brought under the consideration of • Jury in the shape of an indictment Against John Long, late porter to Messrs. Cox (who was convicted twice this session by a London Jury), for stealing, mid John ktidcont for receiv ing, 22 yards of paper hanging, the property of Williaiu and 'Phonics Cox. The facts of the prosecution were briefly these;— Messrs. Cox received an a tttttt pitons Letter, informing them that Long was pluntles mg them to a considerable extent, and some police officers were employed to watch his mo tions. They foliowed him one looming front the warehouse with some paper in his possession, and saw him go into the Lion and Lamb public bonne, In °olden-lane. The officeis followed him closely, and saw hin► deliver the paper to the prisoner Hideout, who put it under the cove ter. The officers waited until Lotig was gone, and then asked Hideout where the paper was he hart just received front the loan WIIO was gone out. Hideout affected %or. prise, and said, " What paper?" The officers said lie must know Witat they nteatrt, fur he had only just taken it. He still, however, declared lie knew nothing about it, and that he had not les:civet] any paper from that person. The officers then snatched under the counter, and found the parcel which they had seen long deliver to Hideout. The walls of the Melee were foututpapered smutty with paper belonging to the prosecutors. Hideout was nut the lead. lord of the house, but he rothied in It. The prisoners were found CORONER'S I NQOEST.VERDICT OP W I LFU L MURDER--On Ws.dnesday night last, at eight all inquest was held at the sign of the Grave Maurice, Mile End Road, before J. NV. Univin, Esq. coroner, on the body of Richard Neads, aged 30, whose death was occasioned by the blow of a stone, inflicted by Dennis Mahoney. A number of witnesses were closely exa mined, and their evidence cot responded with eac h other. Mahoney, it appeared, had been acquainted with the deceased (or sonic time past, and bad quarrelled with him. Ou the night that they met at the Green Man, in Castle-stre.t, Whi echapel, Mahoney quitted the place first, and waylaid the deceased, who identified him at the hospital, and said lie struck him with the stone,. which had a formidable appearance. He said there was another wan with Mahoney, whom he did not know. A A surgeon (tom the hospital roe. d that there was a dreadful injury on the hack part of the bead, which caused death, and it being proved to the satisfaction of the Jury that the blow was given with a deliberate and malieions intention, they returned a verdict of " Wilful Murder" against Denis Mahoney, who will he Com mitted to New‘ate on the Coroner's warrant, to await tarly , on Monday morning, as Judd, game-keeper to Mr T. A. Smith, of Trdworth, near Andover, ac companied by six assistants, were oil the lookout for poachers, they were suddenly attacked by a numerous gang in Ashdown Coppice. A de-pet:tie skirmish imme diately ensued, in which (Robert Baker, one of J•uld's assistants was shot dead. Every one of the game-keepers were badly wounded. The poachers all escaped, !wing their hats aml two eons behind them.