The National Register. — London, England, 1818-04-06 00:00:00

6. OLD BAILEY. WEDNESDAY, AFRII. 1. The Sessions coimitetced this day, before Lord Chief Justice El lenborough and Mr. Justice Dallas. John Millwood was indicted for feloniouily stealing fmm the dwelling-house of John :Morsley a coat, and u great variety of other wearing apparel, the property of Major General T. Sanders Bate man. The prosecutoris a Major-General in the service of the East India Company. Theprisoner was his confidential servant, and had been trusted with the keys of the bureaux and trunks belonging to his toaster. On the sling March last, the prosecutor lived in the house of John Morsley, in Princes-street, Ilanover-square. and the first intimation he had of the robbery was the prisoner's wearing his (the prosecutor's) linen. Seceral times he asked• the prisoner for the keys, but he was unable to obtain them for a oonsiderable time ; the pri soner was either intoxicated or prevaricated at every application which was made. The General w.w lutist obliged to send for a con'ssiole, and the prisoner was taken into custody. Upon being searched, not less then 33 duplicates were found upon his person. Among them was a duplicate of a cost, pledged on 9th March, a coat which had been pledged fer 31. and 51. hail been taken upon another article, which had been pledged on the same day. The Jury found a verdict of guilty of stealing to the value of 395.. The pawnbroker made application to the Court for his expenses, but Mr—lustier. Dallas told him, that a pawnbroker who allowed a ih.r,on to ph:dge at his shop so many articles from time to time, ithoitt inquiring into the matter, would never have his expenses given to him. The prosecutor observing that he should have a difficulty in.obtain ing hi, property from the pawnbroker, asked the Court whether he could obtain a restitution. Lord Ellenborougb :—" Let Min keep them at hi:: peril." John Perkins, Henry Singer, and John Ehnhurst, were convicted of a highway robbery upon the person of Joshua Colledgee a mariner. and stealing from him his hat, and some 6ilrcr, which they took front his pocket. THURSDAY. ...awrenee Leary, aged its, was indicted for picking the peeketlif Mr. George gatt., of a pocket handkerchief.—Found Guilty, but ze-, commended to mercy. Samuel Crouch, aged 47, and James SAL aged 44, were indicted for stealing a flute, value 31. of Charles Wheatstone, privately, in hi, shop.—Verdict, Samuel Crouch, Guilty ; James Hall, Not Guilty. wo ragged boys, William Hutchins and James Hutchins, were indi,•ted for stealing, in the day time, a sheet, value los. the property of Donason, Esq. in his dwelling-house, near the New-road, vaal persons being in the said house at that time. Theyoungest etEnder was seen to have effected the robbery, by going . down the arca. and taking the sheet from before the fire, where it had been wring, and to have afterwards transferred lees the elder. They were about le.-sitatien.found Guilty—Death; William aged Is years, a.el James only 12. Henry Gee, aged 16. was indicted for stealing 211. in Batik -notes, and various other articles of silver plate, the property of John Dean. Tac prosecutor, wbo had lately retired from the business of a per fumer, had left his property in the dwelling-house of his son in law. Mr. Wheatly Before his return to the house r the prisoner had air szunded, and left . tbe -house to the care of the prosecutor's grand daughter, a little girl only between 12 and 13 years of age. By . the a-sistance of a constable, he was discovered the same night in a public-house, among thieves and prostitutes. and when detected by his master, was found with his arms round a prostitute's neck. The ltd. note a nd il. note were foundin his neckcloth. Several respectable tradeemen, in whose service the prisoner had been previous to his apprenticeship, bore testiraony to his rsgultutity and honesty at the several periods at which he had been in their em ploy.—Verdict, Guilty. Death. after the verdict wa, reterned, the prosecutor stood up. arid said h e trusted his Lordship would recommend the prisoner to mercy. FRIDAY. 'This morning the eight following prisoners were brought up to the bar and arraigned under an indictment, charging them with having committed various forgeries upon the Bauk of I•.ngland.: Sarah Wilson, James Butler, Richard Raeford, George Downes, aary+.haw, Witliain Downer., Jobs Townsend, and Thowas temah. frlieruth pleaded guilty to the minor offence, and of course wit: be seeteurest to 14 years transportation ; and Joseph Davy was .capitally convirgesi of Lorgiug a draft for WA. uu Ed. Sieplienson and others. STATE OF HIS MAJESTI"F. GAOL OF NEWCATE. Males. Fe:Dales. Convicts under sentence of distil.-- i I Under sentence of transportaticii for life :ti Yi For fourteen years l5 10 Lt. s.en years 49 35 Respited during pleasure- Y -1, ti:yrisoned to . misdemeanours 54. 21 Itrepited Aslginent For trial l'i4-330 4i—,138 AMONG THE PRISONERS FOR TRIAL ARE: For Burglary (terse stealing FaTery 1.24 lxn 't•usiling in a dwelling heuse .—itllFor larcenies ..,141 i.scll2): • t acct Isit:WciATl.—.Weclnesday morning, !tit hard Tierner,.•srho was committed friar I I attomgankn Police Office, on a charge of passing had money, tic• whitli lie was tried and condoled laa sessions, and sentenced to six blN•litlai' imprisonment, effected , escape. Ile was employed in ossisti:z to get in some coals, and mailed himself of the oyportunityss• run away. About two Sessions sines the rioted resurrectior. man," Israel C! , aprratn, rueived sentence of death at the Old Bailey, for a high s:-.y robber,. lte received, however, a commutation ut his sentence s to transportation dri lite, rod is tow oil board a ship bound for New South %Vales. Chapman having a charge made zgainst him of being concerned in thumbing the :Ales af some of his own nation (the Jt ASII. at Mile-end, in the presence of the High Priest lib. Wes el:ell) made suite disclosures. Ile admitted that he bud ante, but only once, been engaged in removing the body of a deceased Jew, bat then he vowed lie had nit aggravated his crime by laving hawks upon it. Lie was wax free bswever to confess, that he had during me period lit ClCeTtiNtli Ices abominable calling, raised, on an average, 'mai their graves, 'foam in' to Zo bodies per week ; sometime tcaling as many as forty, and sometimes even So ! The avert*, rice he cceeised was :mu: three us tour guineas cacit bad) and be ably v,ioid, in his nocturnal depredations upon the dot by.a unier.iti. p a rty. Th e n is at prsseat, he dealared, ed.-iv:mg a gong at. least 3n, alin rontbule the prance but cannot act wanton& to Aoai•twiec of certain sextons, watc!rnen, lie related in-. maims-v.6re ...nicer I,' vl been matte of a,sstrticatlar depth and shape, onlettte fueilitate rewinds/ of bottle , by night. An inp h ibisieo on Wednesday held at Guy's llbspital. on thebody so n„;-:-. Mr. Cotton, of ilorselydown, aged three years.— fy stated, tliat.the deceased was in a small chaise, bra N tw th, 0 ,5 6 ,' , .cl dog, in tire K ent .restd, it lien a cand-Wag o rell• sal b tin wh i ch i ,‘, 04 ;,e',/ t , arted forward. and bit tumors the !waves, rich 16'6.4 coientiv. ar. seor its heels comitti.; in contact with the ikl's head, •'.,sotorul its Nest-t"-t" violently us tocause its death ; and r. I'. in ; ,.. t ,•„„,,• g to „ we t h 's; over, and most serious ! „ anal deodand of tos. air the • .• . . • • '• • • THE NATIONAL REGISTra. COUNTY ISWIZES. SURREY.-ISts:Gstom, Afretr. 1. Fon Gray.--George Wood, a lad aged 17, was indicted for forging a promissory note for 301. pnrporting to be drawn by John Pritchard, id favour of Mr. Bassett, and uttering the same, knowing it to be forged, on the 28th of Nov. to Messrs. Sawyer, and Co.; coal-merchants, with intent to defraud the said Messrs. Sawyer and Co. Mr. Samuel Sawyer stated, that Mr. Bassett, of Nelson square, Rlackfriais road, was in the habit of dealing with the house for coals. On the 26th of November last, the prisoner Caine to his counting-house, representing himself to be Mr. Bassett's son•in-law, and desired to have a coo of his father's account for coals. The account was produced, which amounted to about 321. upon which the prisoner produced a promissory note for the payment of 661. made by a Mr. John Pritchard, in favour of Mr. Basset ;and stated, that his father would be much obliged to Messrs. Sawyer. if they titould take the amount of lUs aeccinnt out of the note, and give him the (lir_ ference. Witness concluding that all was right, took the note, and gave a checque upon his bankers for the difference between Mr. Bassett's coal•acconnt and the isternissory note. The prisoner then ordered three chaldrous of coals to be sent to Mt. Bassett's, desiring that they might not be delivered till the week following. On the 28th of November, the pri sorter came again, and presenting another promissory note fo r 501. pnrporting to be made by the same party, in favour of Mr. Basset, said he was desired by his father to deliver his compliments, and request the prosecutors to take the amount of the three chaldrous of coals oat of that note, and give him the difference. Witness suspecting there was something dis honest in the pr•isoner's conduct, detained him, and sent to the supposed drawer, to know if he had made tht note, and receiving an answer in the negative, the prisoner was taken before aMagistrate and committed for trial. The last mentioned note, upon which the indictment was founded, being produced in evidence, was compared with the note set out in the indictment: and it appearing that the name of the payee was written Bassoll, instead of Bassett, as in the note itself, Mr. Platt, for the prisoner, submitted that this was a fatal variance. Mr. Baron Wood acquiesced in the objection, and the pri. goner was found—Not guilty. Joseph Charrington was capitally indicted for feloniously stealing on the Bth of March a gold watch, and gold chain and seals, in the dwelling-house of Ann Gardner Smith. Mr. Nolan conducted the prosecution, and Mr. Heath ap peared for the prisoner. It appeared in evidence, that the prisonerhad been a young man of good prospects, and at the age of hl became Fossessed of considerable .property, which, however, was absolved in the liquidation of large debts, contracted during minority.— The prosecutria, who upon her own examination, admitted that she had lived in a very equivocal situation with a gentle man, named Smith, but described herself as a spinster, hail some acquaintanceship with Ute mother of the prisoner ; and on the day mentioned in the indictment, the latter came to her house, with his mother's compliments, to know how she (the prosecutrix) was in health. Mutual civilities passed on the occasion. The prosecatrix hadll gold watch, chain and seals, hanging over her chimney-piece, and after the prisoner went away, the property was miming. Suspicion fell upon the prisoner; he was apprehended, and taxed with the theft; and he confessed that lie hail taken the watch, and its ap. pendages, and parted with theta to an acquaintance for less than their real value. The case went to the Jury under all the eircumstances, and the prisoner was found Guilty--Death. James Richardson, convicted of having had forged notes toile extent of .2,31. in his possession, 4:nowing them to be forged, was sentenced to transportation for .13 cears. John Johnson pleaded guilty to the charge of having utter ed a 51. forged note, knowing it to be forged, and was sen tenced to transportation for 1.1 years. SINGULAR CHARGE OF 1111:11WAY ROURERY. John Pearson Fountayne was charged with having, on the Bth of November, feloniously assaulted Ann Maria Fall, at Vauxhall, and with having taken from her tour 33. tokens, the property of Wm. Fall, bet husband. Ann Maria Fall, Mrs. Cooper her mother, mid Mr. Rice Ives, were the only witnesses railed for the prosecution. 4 Mrs. Fall stated, that the prisoner met her between 11 and 12 o'clock in the morning, ou the ittis of November, alleged a claim of debt, and demanded payment. She denied all knnwledgeof any debt, and said she had no money to give him. He followed her from near Westiniueter.bridge to Vawv-hall, whew.he terrifed her to give I • titer 3s. tokens. They Rath mettrewds of persons, but she called for no aid. A letter, written by the prisoner, and asserting thejvassest abuses of Mrs. Cooper and her mother, was read. The prisoner-spuke at treat length ia•lsis own siefeoce.— He had been,introduceil to Mrs. Cooper'afamily by a lady of the town, He lent her WI., which she never repaid. He was:melons to learn where she lived, in order to apply for payment, when he accidentally fell in with Mrs. Fall. He folluwetl her till she gave hint three liallerowns as an admis slot' of the debt, fur lie had _got her guarantee of the debt tin finally , becaaise the mother did not live a itlt her husband. lie had given his aiktrees at the New York Coffee-house, and made no attempt to avoid any inquiry or '47111611y. A cite' from Mr. Hamilton, theproseeutriiis attorney., to the pri soner, was seat!. ,It threatened the must derisive ni v aseres, ifbe repeated the gross and unmanly interim plum be had given to Mrs. Fall. The date was the thin ut The Judge 3 1111 l toed up decidedly against the prosecution. Verdict—Dist Guilty. Mrs. (amper and Mrs. Fall are ratter floe 1 0 , : ikinia ladies Captain Fountayne is a short hustling gentleinait,but nut par' tienlarly preposses , iag. Thursday W. 31.irslia II and 'rhos. Hurtle were t rind, ethic r Lord Elleubormigh's Act, for basing si , deitily as.aaitt d and %co:hid:l Jolai Sharp, i, the church yard of .I.4thlort,lt, Oh the ui ill of the 34iii at November last. John- Leagrr, sexton of the parishof,Ltuniteth. had employ ed the Iwo pri•oners to assist !twin vt ate:..o tit,: cher. It vard for a fortnight in for to the 30th if Noyetil .er. 1 ! tr. shall had Iwo so employed the previa', t utter. llt•.re were , fuer erfive but ials 011 SIMI:1y, the aoili 4)%e;:l'oee. about 3 o'clock. Wituess .and kis sons -Wet repeuteoly gone re nod Ow church yaral to.ace that all wesaiale. In the oven_ icy, after having ionkeittbe-eharch, lee went into the !serial ground to set titan traps, .sniknotari to Marshall, :vet Marshall, followed hint andsaw Min sentbene Ifc t h• ittAn d e d th e key of NI;11,11411 ; but he refused it, sayiee isheil to look in the erimml afterwards. 'Between 12 o'clock, wh, n , • • • ... t ot 144 4.40 reline he" Vie 1705, ' •.s.e two 1.1 ,s,t .L, ./ I nen% V•lst• gar .1g .14.411 .1' ' : • e Ur' 111 for bill itsl of children. and then to the honeheuse, and took Iwo shovels, with which they went to the poor grave. Ile knew thesis to be the prisoners at the bar. Marshall pulled off his coat, and set a digging in the poor grave till Ise came ro the coffin. Puffin was with him at the foot of the grave.- - Witness heard the clearing of the mould from the top' of the coffin ; lie came forwai d to the head of the grave, whom 12 paces front it, and said, " Yon sconndreir, don't you want some assistance there.' Ylassitafl struck et him wills the shovel, best missed. Witness pier/led a second blow with a fowling piece lie had in his hand, and struck Nlarsball so as to set hen a•-•eeling. Witness called for assistance, being improtected s Isis son Joseph came forward and asked," Will eon shoot ewer master %" He replied, "Yes, and you too." Ills sou fired with a pistol over his head, and lie surrendered himself immediately. Marshall was seemed with much strug gling and difficulty. John Sharp lives in a home in High-street, which looks over the church aid. He went into she church yard about I t o'clock with Mr. Leager and his two sons. They secreted themselves behind the tombs; the; heard a noise at the hone house. He soon saw tyro men, and heard one of them say, "'t'his is ;shallow," (that is it is a child's grave). He saw them soon after digging into a grave. Mr. Leager struggled with one of them, and at that instant received a blow on the forehead, over the right eye, ti Lid. cut him. He then saw a person with his arm uplifted, attempting to strike a second time. Witness knocked hint down with the poker; it was the prisoner Betrtin ; he thee got on him, stud endeavoured to wrench ('eon I ' a sabre whirls lie had in his hand. Young Leager came and struck Puffin's hand with his pistol, and got the sabre from him. It was produced iii Court and iden tified. On his cross examination, he said the sabre did cut into the bone. The first thing that passed at the grave was Leager coming up anti saying, " Desist and surrender." Joseph Leager, the sextovi's sou, corroborated the former evidence in other particulars. Mr. Curwood, for the prisoners, contended that their con duct did not come under the statute. The v./moiling was nut such as the statute provided for, unless it would have been murder, if death had ensued. Death arising from resistance to an illegal apprehension was not murder. The apprehension in this case was not legal ; for it was legal only to apprehend for felony or a breach of the peace. '!'heir conduct was a trespass, but not a felemy or a breach of the peace. Mr. Baron Wood said he would reserve the points of law for the Judges, if the Jury found the prisonerigniity. Puffin, the prisoner, said, they had only been ascertaining whether the grave had been opened, and exhibited a deep scar on the side of the head, which he said bad been made by the isoker. Marshall, the other prisoner, said, all three had shot at hint at once. Two shots had lodged in his breast. It wan nut the first act of combicatme.in which Mir.4eager 1;4 beep *weed while he bad been watching. He had done this for nothing but to get himself a fine name. He robbed the parish by charging tar 10 feet when the grave was only J feet. Mr. Baron Wood, in summing up, observed, that the Act under which this indictment was brought was highly penal.— The first question for the jury was, whether the cutting in this ease was a ids intent to murder, and did grievous personal harm. The second question was, whether the cutting was with intent to prevent their being apprehended. A juror said, that one of them was of opinion that they were not guilty. Mr. Baron Wood.—You must agree. Verdict—Guilty, in defeadiug theinstives,—lt was taken Guilty, and the points of the law were reserved .for the opi nion of the Judges. Te e prisoners were then arraigned for the trespass and as sault. They pleaded not guilty; and agreed, by advice of counsel, to have their trial put oft' till next term. .TstE9ra93 AT ct.amExesr. ELLit, Esc/. S. IYILLS, EsQ.—'rliis was an action . —lt appeared that the plaintiff' was the owner of the park and grounds in the occupation of his Royal Iliglinaa the l i nnet.. of Sme- Cobourg, at Claremont. 'rte defandant was a gentleman of fortune, and the lord of a neighhourin t manor. Three.ctai s after the la.- haented death of the ?rives; Charlotte of Wales, anti whilst her re mains were in the house at Claremont, the defendant entered an en., closure called the thiks, for she purposed of killing game. Prince Cubourg's gamekeeper met him, and asked him by what authority he came to shout there. The defendant replied, that he was on his own giounds, and had a right to shoot what game he pleased. lle said lie had three pheasants, and he want^d another; and. although the gamekeeper warned him °Van: grounds, he killed a hen pheasant, arid carrietlit away, The fury, under the learned Judge's direction, found y verdict for the plannifiliurnages I AY. iLt RDET , AT con l i T XING.—.Ie. tic.) course of 'the suareceirt. La rove C.lnaiucl, a Winer at Godaltoing, and Will iet, 4 l;. craft, t:i.ilisturer, committed on suspicion of having, on the ljth, gf November last, murdered t. ergs Cheonel, the lather.of the former. were brought up. Mr. Gurney, fur the proweution, felt hitr.self obliged to apply to the Court to respite the ree..giuranees of the pnyecutors and wit nesses, on account of the dine,: of a material witness, whom his Lordship would ti..d the Calendar under the name of Snrah 'Lust, an aecolophee. Ile, and his kindlier, Mr. Beath, had examined a ll the evidence of the case, and whatever might be their opinitri, th e y (lid not feil warranted to go before the grand jury without t.iis idenve„ The aliiilar it. of the medical man who anemic,' her. and th , at torney for the prosecution t Nlr. 11. Wood), would pr o v e th a t ;he could not be brought betide the grand Jury. 'cl ic a ffid a vits were .ead, and stated that site was so ill with pa rt.sysms roil f.inting fits, 6141611 e mild out be removed. i.e. Common Seri., , eant for the prisoners, regretted much the do ler. hut felt himself incapablo of re • isting the uiouon. lie regretted it me more, as he could tot propo-e to have the.prisoners %Ir. Uanrt ‘,VOIXI flum. ; ;Lt the widener most material iod.ass t so for as he untlerstwaltk: c:se. It wa: , imp.ssable to retioie the appi....a• non. The ease trust s". -1141 over till ite:tt'assizes. His lordship on- median:ly vijosed r wart-nt to elitt t It 7S l';'0.1:1„. HA NIA V. %11TIIIIAV wOAn, rsq. This important ranee calor no to ne tried at Launceston hi tore a serried jury, .m wh et , m t. J t n.litte Abbott si.tio.d, that ihe very km turd Mr. .LIA ice ho turd the rams ',tat a ~rung 9 61 ' 11611 that llir 6104. 6 illient MPOINAS..piIk the fp cluicut hail been branglit wnalti not sapporttne,aetiun, and t.xpritactl in tl:e shape of a sys.cial vert: . iti, in artier that that question his wish that the fact, shook' thetetote. be put in the leco r d, the Court, and he fore Ito. (louse it:4“,ker, otic should I Intik fit. Sonic little esitlerce was h owcw ,,, g iv tt o ou IbP part of the <lei:4111:mo, loom aide,' it a f t pearot, that the tt, tend:lnt had ttet,nr of Roy of t l 6/6, sCryrt, 66..7. • f . lie filler,. • I • !ti60,..! fht►'land• • % 10104 ti••••• • u 1, llll• t.u.r 114. 6:.i ...•. . 6•,.: fa. .• 6 •..• • 4.01 6 .'6'. 66 61 4 /".! o.t. 1 P 7ytr..r •or • P... •it •Wer ••