The National Register. — London, England, 1821-10-28 00:00:00

542 MIDDLESEX SESSIONS. 'The business of this Court commenced on Monday mmiiiiig, before Francis Quist, Esq. and a full bench of Magistrates. Four persons of respectable appearance were severally put to the bar, indicted for keeping common gaming houses, bat the prosecutor, who was the same person in all the Cases, not appealing, they were all discharged. John Shorter was indicted for assaulting Eliza Godfrey, aged 13 years, with intent to violate tier person. The defendant had beet, prosecuted for the capital, offence at the last Old Bailey Sessions by the parish of Mary Idiotic, and acquitted. The parish refused to pro. reed further in the matter, and he was now prosecuted by the friends of the girl for the assault. The prosecute ix wept very much while giving her cri &nee, alt eli varied considerably trout her I esti' tttttt y at the Ohl Bailey, the short hand notes of which were pro duced. The Chairman Observed on the mat contradiction in the proseedtrix's evidence on that and the former Ilia!, and charged the Jury to acquit the prisoner. The Jury, without hesitation,found a verdict in accordance with the learned chart:e. Mr. Alley, who was Counsel for the defendant, said it was an infamous prosecution and the proseentrix, young as she was, shoodd b e indicted for perjury. The defendant lefi the Court, solemnly protesting his innocence. Thomas Dane was indicted for having in his possession, on the 21st of Angus; lase, one pair of diamond ear-riogs, value 501., one pearl ring, 11., one turquois stone, set in gold, 31., the property of Geo. Elmore, he (the defendant) knowing the same to have been stolen. The deletsikst is a jeweller in Regent-street, and here tofore of high chatacter. The present charge excited great interest, and the Court veas crowded to excess. Alessi'. Andrews and Waller(' were Counsel fur the prosecution ; and Alessrs. Alley and ♦dolphus defended the prisoner. Mrs. Elmore, the wife of the prosecutor, was the first witness examined. She stated that she was possessed of the articles named in the indictinent in the month of Fe lintary last, at which time a lad of the name of Mitchell, who had been in her linsband's service, absconded, and they suspected him of having robbed them of property to a very considerable ailment. This boy, she said, had been since convicted of another ofience. In consequence 01 s ooietliiug she had heard. she was induced to go to the defendant's shop, where she discovered several articles of her property in ilie window, and although they had un dergone considerable alterations, yet their identity was not destroyed, and she felt nu hesitation in swearing to them. Plank, the officer, proved his having executed a search warrant in the defendant's house; that the defendant re fused to tell front whom he purchased the articks, saying be had taken legal advice, and that it was almost impossi ble for hill, to know, as be kept no books. Mr. Elmore identified the stone of one of the rings, which he had given to his wife after it had been a long time in his possession. The case for the prosecution closed here. Mr. Alley addressed the Jury for the defendant. The Jury, after deliberating a considerable lilac, pro nounced a verdict of Guilty. l'he Chairman addressed the defendant, and said the crime of which lie had been found guilty was one very injurious to the public in its consequences. The judge ment of the Cum t was, that he should be imprisoned la months. SURREY SESSIONS. On Monday these Sessions commenced before Mr. Har rison, and a full bench of Magistrates. Hannah Kinglimn was indicted for assaulting Thomas Beaks, a butcher, of 1 1 :a!worth. In her defence she said, that she was first assaulted, and two witnesses whom she produced said they saw a severe mark on her arm at the time in question. She was found Guilty, and sentenced to pay a fine of eight shillings and sixpence. James Kent was indicted for assaulting Mr. Thomas, a respectable licensed victualler, of St. John-street, Horse lydown. in his defence the prisoner recriminated upon the plaintiff, and brought two witnesses to prove that the latter was in every way this Aggressor. Outing the vial three different otters were made to the defendant, once by Mr. Tuition, and twice tecuisitticniled by the Chairman, to apologise to Mr. Thomas and pay the expences, when all further proceedings should be stopped, which lie altogether retMied. The Chairainn, in charging the Jury, said, that as the defendant was determined to abide a verdict, they had mily to do their duty. Ile thought the assault was a very brutal and unjustifiable one. Verdict Gialty.—Sentence two moths imprisonment, and then to find sureties, himself in 201. and two sureties in 101. each to keep the peace. W HUSE/DA , V.—John Baker and James Bradley, two buys, were convicted turd sentenced to seven years' transportation, for pit kin, pockets in the Borough. lisiumh Lord, no inturchting )uung, vuoni:,n, was indicted fur feloniowly stealing, on the 25th of August last, some money, the property of Mr. Jennings, butcher, of M Ma orth, of whom she lived servant. Mr. Jennings stated, he bud repeatedly missed money, and, in order to discover the thief, he marked some silver to the amount of If. IC. which he placed in a wooden howl. On returning on the evening of the 27th of August, lie missed 7.. 6d. in silver out 01 the woodmi bit I, and inuntediately taxed the prisoner with the robbet y. o.t sending for n constable, and searching her bos, they found 2s. 6d. of the marked money, and also a key, which opened the cupboard flow whence the property was stolen. The prisoner, who seemed deeply tiffeeted, denied the rob bery. Verdict—Guilty. The ChM, Irian said, that in order to make no example, and to deter other servants f committing similar of fences, he should sentence the prisoner to seven years taiwportat The mita tut ate young woman was cart ied from the dock in convulsions. _ _ John lb:burn vins then placed at the bur, and indicted foe stealieg, on the Seth of August inst,l7 •otnu u •t of hooks the pi openly of Air. kind an, bookseller, of 'lie kit! wool. The pa isomer, in his defence. declared lie found them at Xewinglou•lurnlnke, lit) tog in the re:oil, and he put lhru I/11 h.. ,Luuldcr r cutitLiv.ng loud( d so to do, THE NATIONAL REGISTER The Jury sifter deliberating about lull an Your, acquitted the pri.oner. Several convictions for petty thefts took place during the day. ESSEX SESSIONS. FELOWIOUALY GLEANlNG.— Elizabeth Bradfield and Elizahrth ityalt, two young women of the labouring class, were indicted for feloniously stealing one peck of peas in the straw, at Titaxted, on the 29th of August, the property of Joseph Franklin. It appeared in evidence that the prosecutor, who is a farmer at Thaxted, having housed a crop of peas, em ployed a woman to glean what remained on the ground, in order that it might be placed with the rest of the crop. The prisoners, without the leave of the prosecutor, came into the field, and tinder pretence of gleaning alter the crop was carried, collected about a bushel of peas, which they were in the act of carrying oft when they were detected by the prosecutor, detained, and now brought to trial on the charge of feloniously stealing the same. The Learned Chairman, in his charge to the Jury, laid down as a distinct and incontrovertible principle of law, that to glean corn or other produce from the land, with out leave of the farmer, was a klonions act. An env moos notion he seas aware, prevailed among►t the poor, that after a crop is carried they have a right, by ancient custom, to come noun the farmer's land and glean what is left behind. No such 'custom existed generally in this kingdom. It was contrary to every principle of common sense and reason, and as well might a custom to take any other part of a man's property be set up. The practice of gleaning was frequently allowed by farmers by permission, but was not founded in any custom which could be sup ported in law. Possibly, In some parts of the kingdom, such a custom might be supported, by long and ancient usage ; bat, as a general custom throughout the kingdom, it was wholly without foundation.—lf the prisoners in the present case took the i'eas in question without the farmer's leave, and with a felonious intention. they would be guilty of tbe offence charged in the indictment. The Jury room' both the prisoners Guilty; and the Court, taking into their consideration the probable cuniNtance li n t they had taken the property under a sup -1105.211 right to glean, sentenced them onl) to one mouths imprisonment in the house of Correction. Voltfe. 110 W.STIILET. On Wednesday at two o'clock, Benjamin Bloomfield was brint,zht into this 011ie to undergo another examination, on the charge of having obtained mousy from several persons wider false pretences. Mr. C. Phillips attended as Counsel fur the accused. • Sir R. Burnie and Mr. Minshull were the presiding Magis trates, and the defendant was brought in. A letter, signed " W. Shearley," was put into the hands of the Magist sates, the purport of which was, that he had made some discoveries, which induced hint to believe that he had been mistaken in accusing Mr. BI field with a fraudulent intention ' and that under the circumstances he should withdraw his charge, and be did so by the advice of his solicitor. Sir It. Biruieusled if there wiLs uuy other charge against the defendant? A geni knurl', who was understood:to be a solicitor,stepped forward, and saip, tbat he bad to upply for the further de tention of tee prisoner, uu behalf or a Mr. Awaits'', who had a charge to prefer against him of having obtained 2901. under the promise of procuting him a commission in the army, 0 sh the interest of Sir Benjamin Bloomfield. Sir It. Bit hie asked if the solicitor had any allidavit or other ducumunt in support of his application ? The solicitor mid he had only a letter front Mr. Aspinall, stating the etre ttttt stances of the alleged fraud. Mr. Phillips submitted to their Worships, that in the ab sence of the prosecutor, and iu the absence of any legal proof of Mr. Aspinall's indisposition, or inability front any oilier cause, to attend to prefer his chaige, the prisoner ought not to be detained. Mr. Miushull said, the gentlemen might read the letter. The solicitor read a portion of it, which stated, that the writer being lOW time ago anxious to procure a commission, had becu introduced 10 Mr. Bloomfield, as the nephew of Sir Benjamin, and the former undertook, through the interest of the latter, to procure him a commission, upon his advan• eine 20111. which mini was to be deposited in the hands of Mr. floslAson, Illoinulield's solicitor. That suns was accordingly advaused et the couilitiou that it would be returned iii ttttt tolls if the 'ssion was not procured. At the capita -1 lion of that time lie had applied for the realm of his snowy, the commission nut having been in the meatia bile procured, but he could not irate( it. Mr. Phillips reminded the solicitor, that if the bargain was for a commission iu the army, the purchaser was liable to penal consequences, as well as tile person selliog. S'i R. Bowie tossing hosted ut Mr. Aspirant's letter, ob sets that Mr. A. stated that he had taken a bill of Mr. Moorefield for the 'Hooey. The solicitor said that the hill had since been disliticonn tl, and ce submitted that du:giving the bill was a continuation of the sums• Gaud. Sir ft Burnie said many bills were dishonoured, and be thought Ili arr.:piing of the bill by 111 r. A.piuull was equi valent to a return of the money, at least in doing away with the fraud. Sir R. Birnie said the 11+104r:11es certainly could not de. !Hive a Ili iti.h bubjeet ul his liberty upon curie ground: as tbo-e dby the, solo:lint. In thi, opinion Mr. Minshull Sir B. Birnie asked if any other ',engin lind a charge to prefer, and receiving tin answer, he said the prisoner was disc hat gird. Ali. Phillips said, now that the prisoner was di, , charged ham the penal consequences of the st, cusation made against him, he hoped the hlagist rates would not think it an fink mina on his part if he :Wm eased to them one or two ohservatiotis upon the case. Tlio defend:lm, now that the charge was withdrawn,: was manias to clear his own character and that of others, whose names had been most unfairly dragged before the public to the reports w nich had been given of the examinations, reports given, too, upon ex-parte statement. Of those repo' is his client had great reason to t oraplaiii; and in emisequenee .it the mention iheuein of certain honourable individual', Mr. Bloomfield land MAI acted him to say a few words in explanat Mr. Phillips then went on to Kieft., that the defendant had ',eves rept,.onlcd 6iva alt to lie the nephew of Sir 8.. I.lffint '.ll, dimwit la ‘‘;‘, telatt.d to that tingnished officer; and that lie never bad made any other use of that circumstance, than by saying that it gave him an interest which he thought lie possessed. It had been insinuated, that his real name was not Bloomfield, but that insinuation was false. There was one circumstance, which be trusted the generosity of the Press would make known to the world; it was, that before the bond which the defendant had given to Mr. Shearley was done, the latter called at the defendants chambers, and having de• mantled the fulfilment of the engagement in rather per emptory terms. Mr. Bloomfield went to his desk, took out 2001. in notes, and offered them to Mr. Shearley, but that gentleman not having the bond with bin,, would not accept of the payment without cancelling the obligation, and therefore declined taking the money at that time.-- An attempt hail been made to create an impression that Sir Benjamin 111..onitield was in some way concerned in the transaction imputed to the defendant ; the defendaut had therefore instructed him to say, that if the name of that honourable individual had been mentioned, it was without his (Sir B. B's) sanction or knowledge After some consultation between the magistrates, Mr. said, that under all the circumstances, they were of opinion that the defendant should find gooSsecii rity for his appearance at the Sessions, to answer any charge that might be preferred against him. Mr. Phillips whinnied, that as there was really no charge against the defendant, such a course was C- CeSSery. Mr. Minslinll said, the magistrates thought it was expe dient that some security should be given for the appeur. ante of the defendant, it lie should be wanted, and he must therefore give bail, himself in 1041. and two sureties in SDI. each, before he was set at liberty. The defenjaut was accordingly given once more into the custody of Westbrook, the gaoler, until he should give the required sureties. ACCIDENT AT NFWBOTTLE CoLlZEnlfo—Sonto masons who were employed in repairing or altering the chimney in the engine in the Tyne colliery, at about half past test o'clock on Wednesday night, complained of want of air. Curry, one of the watermen, in order to remedy this inconvenience, broke down a stopping, but unforta- manly, by mistake, broke one that led into an old waste, the foui air in which burst into the pit and ignited, but being what is called a standing fire, soon went out.— Curry was suffocated on the spot ; the rest of the men escaped (some of them through the fire) to the bottom of the shaft, though much burut. Ou the workmen coming down at 12 o'clock (the hour of changing), the accident was discovered, and every exertion made to save Curry, but without effect. Several men who went into the most dangerous parts of the pit were overcome by the foulness of the air, and were unable to return. On the arrival of Mr. Hill. the viewerot the pit, he immediately descended with George Steel, the overman, and another. They were proceeding when G. Steel, who was much weakened by his former descents, fell Mr. Hill fell immediately after wards, and was carried out to the bottom of the shaft by the other matt in a lifeless state. He was pat into a cart, and conveyed to a house near ; the jolting of the cart re stored animation, and we are happy to say he has since entirely recovered ; but before Steel could be rescued from his situation, the vital spark was fled. In all, 6 men have perished, and two of them, Lorry and Steel, have both let. large families. Matrimonial Caution.—The following advertisement appeared in the last &vela Alfred.—" Whereas Lliza beth, the wife of Ambrose Shere, of Columptott, De von, did, on the 291.1 t day of August last (being the 20th time! )—Elope from her said husband without any other just provocation than that of her own procuring, and that she thought her said husband was too old to deserve (being 78) ; and she being lost to duty and virtue, as also insensible to shame and brutality, her adviser had occasioned her disgrace and ruin. This is to caution all persons not to trust her on my account, as such debt or debts will not be paid by me; mad as the said Elizabeth Shere may assume sonic other name, it is proper to ob serve, that she is about 64 years of age, short in stature, thin in face, flattish nose, watery eyes, had teeth, _quints a little, and cannot read or sew without spectacles; she contitined about Columpton then left the town. Wiutess my hand—A. Shere." On Tuesday evening, between five and six o'clock, as Mr. Blackitioor, of St. Paul's Churchyard, was proceed ing to his country-house at Wandsu (nth, on fool, being too late for the regular stage, near Hyde-park-corner lie was knocked down und rubbed of his valuable gold watch, chain, and seals, several sovereigns, in fact, every pocket was emptied except one, and he was so extremely beaten and ill treated, that he did not recover his recollection or senses until NVednesday morning, his family mean while remaining ignorant of what had taken place. — All he remembered of the attack is as follows :---That after lie had passed the tollgate at Hyde-park-corner, about too yards into Knightsbridge, his course wasitn peded by a woman, which he concludes was by design , and that she was connecled with the gang of robbers; at the same time he received a violent blow on the rig' e Side of the face, which knocked him down, and which blow and fall deprived him of his senses, and he did not recover himself till live o'clock on Wednesday morning ; and on coming to himscll he perceived lie was in a room with four men standing by hitn, but where it was I cannot exactly say, lie believes it was in St. George's Hospital, when recollecting what had taken place, and the distress which his family would experience in conse quence of his not arriving at home at his usual unit, and being absent all night, he procured a coach, and proceeded with all possible speed to his house, where medical and every other assistance was procured him by his afflicted family. A most d istrcssing circumstance occurred at the house of Capt. lialbeck, in Middle-street, Brighton, Orl I 114 n day afternoon. The servant girl went up to au attic., taking with her a child of Capt. H.'s, a fine boy, between three and four sears of age, and while she was engaged in putting on her gown, the little fellow unperceived, pushed up the sash, and leaning out of the window, lost his [Audi briui»,and fell headlong into the street. 1 tie k till of the titifortunate child was so dreadfully fractired by the full that lie survived only a few minutes. , il he pa rents of the infant have been alinotA ever Hnee In a Oak of distiactioto.