The National Register. — London, England, 1811-09-22 00:00:00

THE NATIONAL REGISTER Several other witnesses were called on the part of the prose cution, who spoke as to the riot, but none of them could identify the defendant us being a party concerned. One witness spoke to a sum of 5l• being paid by one Donovan to settle the matter, With the knowledge of the defendant. Upon this evidence the Jury acquitted the defendant. ASSAULTS. Jelin Barnsley, the prosecutor in the former indictment, was rest indicted for assaulting Catherine Anderson, a poor barrow woman, and breaking her leg. :On the evidence of the prosecutor it appeareds that on the 11th of March last, she had left her harrow in care of a young woman in Saffron-hill, and the defendant coming up seized the barrow, and carried it to his own house; the prosecutrix remon strated with Lim, and rep( steel the restoration of her barrow. Upon• which lie tee& hold of her, and insisted upon carrying her to the watch-houe. She resisted hint, and he knocked her down, in the fall her kg was fractured,. and shcwas carried to the hospital, where she lay for two months, and still went on • crutches. Her evidence was corroborated by two other witnesses. On the part of the defendant, Mr. ADOLPHUS addressed the fury, obse: ving that his client had been called upon as a Peace °dicer to remove a nuisance ; that in the execution of his duty be had taken the prosecutor's barrow, when lie was assailed by her With the most abusive and opprebrious epithets ; that she threw dirt at hint, and when he attempted to take her into custody, she resisted him with such violence, that she fell to the greenlet, by which accident her k•g was broken, aid not by • any violence on the part of the defendant, who at first believing ' the broken leg to - be a hoax to prevent her being carried to the • initch-hOuse insisted on her going there, but when he found the real state of the case, he acted with the greatest humanity to wards her, brought a chair trom his own house to place her upon, conveyed her to the howl! al himself, and was very atten tive to lur e during her confinement there, but refused giving her y an rennineration for the injury she had sustained, feeling that he had been merely acting in the due-execution of his public duty. Several witnesses were called to these facts, but none of them could speak to any improper language or violence on the part of thipresecntrix. Marcarned TN Observehe Jury f d, ounc sin ta Verdict ofand the L in pasg the sentence a ef the Court, that CHAIR how ever the defendant might have exceeded his duty in the violent means he used to carry the prosecutrix to the watch-house, yet it could not be imputed to hine.an intention purposely to break her leg, that accident must have happened from the resistance she made, and not from any prereiditated intention on the part of the defendant. The Jury declared themselves of the same opinion, and the defendant was sentenced to pay eflite effireepouuds. SIL~M PARSON. - - - Yesterday, Carter Tuck, alias Mtn Tucker (better known by the appellation of the Shan Parson) was put to the bar, to t:lke bis trial,'being indicted for various frauds, but being entitled to .• Lis traverse, be postponed his trial until the next Sessions. SWINDLING. • R irlanrd Andrews (commonly called /liccifir Andrews), and itiezmuirr Holt, whose names have been so frequently - before the public, were next brought to the Bar, and arraigned upon eta Indictin , ut, charging them with obtaining money upon false • liretehees, from a person of the name of Kendall, a Coffee-house keeper in St. Clegfetit's Church-fard, to which they severally • pleaded—Not IVIr. - Ea a alt, as Counsel . for the . defendants, applied to the . Court to . postpone the trial until the next Sessions; stating that be solicited this tick as a matter oft ight, but of indulgence from the CoUrt - to the unfortunate c lef-iitiants. This application, he said, was grounded *upon. an •;:flititieit of both the defendants, stating, that whin they were anti - ( lit nded otrchurges of another description, and about th be dischrYged by the Magistrate, a detainer was lodged tin- ypoira bill - found the last July - Sessions; that Ning thus taken by surprise, and requiring the • attendance several respectable Witnesses, they were unable to procure theirappearaneo,•for.want of the necessary means, until 1- taext !-lessions, being wh . olly - withinit any money to emble them to procure their attentlancel and ftnether, that in other respects • they'were not prepared to take their trial. The Learned Cour.- sel, on these grounds, urged the justice of permitting the de fendants an triporturii . y of preparing for their defence. The affidavit being read by the Clerk of the Peace, ~ivie.'At;l.", as Counsel for t he In'o A ecntor opposed this ap rication; obiervirg that he bad carefully attended to the affida '4' IPit just read, but a• it did not specify the name of any one single isvirtiess•Whose ttetirnouy the- defendants thought beneficial to thein, • be ttiked the Court ve(iiild mit* grant Abe indttlgeuce .` -they no* , Sought He said, it certainly was in the discretion of Lae Court, but tiiit-awus u•distritidn which - the Court would exercise with much caution and circumspection, observing at the same time, that the offence with which the defendants stood charged, they had been committed upon so far back as February last, and the NB was found af'ainst them by the Grand Jury in July ; he therefore thought they bad time enough to prepare for their defence, and hoped the motion would nut be granted. After a reply from Mr. Barry, and a long discussion between the Court and the Counsel on either side, it was ultimately agreed that the trial should come on on Tuesday next. The Court and all the leading passage.' were crowded to [aR immense degree during the whole of the day. CHILD •ITEALING. Frances Dunkcrly, a strong and stout young woman.-Wu put to the bar, charged wi'lh stealing a child's frock, of the value of one shilling, the pro i terty of Wm. Turner. Mary Turn.-r, the wife of Wne Turns r, stated, that she lives in the neighbour hood of Bethnal-green. That on Friday morning her little sun, a child. of two years and a half old, was sitting at th , d : or of the house where she lodge•f when it was suddenly missed , an d a fter a long search was found' a colisid ruble way stripped of its clothes. Ott the Wednesday after, the witness was 'cm for to the Public Office, Whitechapel, where the prisoner was in cus tody, and identified the child's frock in the hands of an 0 cer of the Police. A Mrs. Thatcham, who keeps an old clothes shop in James-sire et. Bethnal-green, deposed that the prisoner sold her the frock in question, and that hearing a woman was taken into custody upon a charge of stripping several children, she had the curiosity to go to the Public Office t i see her, and there recognised her as the person who had sold l:er the frock in question. On being asked what she had to say for bersfel, she said that the witnesses were all perjured. The Jury found her Guilty, and the Court sentenced her to be transported fir seven years. OLD BAILEY. These Sessions commenced on Wednesday before the DIRS MAYOR,. Mr. Justice HEATH, Mr. Justice BAILEY, the Re- CORDER, COMMON SERJEAN I, &C. Robert Roberts, who has excited so much curiosity in the pub lic mind by the variety of his adventures, was put to the bar to take his trial, on an indictment charging him with feioniuusly bre..king and making his escape from and out of the House of Correction in Cold Bath-fields, he being a prisoner therein upon a charge of felony. Mr. Gurney opened the case on the part of the pro , :ecution, and stated, that the present indictment was preferred by Mr. Aris, who lately held the situation of Head Jailor of the prison in question, with a view, by an exposure of all the facts, of proving to the Public, that he had not, in the slig h test degree, partici pated in the offence with which the prisoner stood charged. The Learned Gentleman their stated the particulars of the escape of the prisoner; and immediately proceeded to call witnesses to prove the facts alleged. • For this purpose he first called Mr. Conant, the Magistrate, Ntho deposed, that he had issued the three commitment,' pp duced, the two first were on suspicion of felonies, but the litter for a felonious offence charged to have been actually corn. mitted. Mr. Knomficounsel for the prisoner, here objected to the fin'. ther prog ress of the trial; upon the gr o u nd that no p roof had been add uced of the guilt of the prisoner, the two first cormititw mitts having been madeout simply on suspicion, .and the pH ' 'soner never having been tried for the offence charged •isilbe latter. Mr. Justice HEATH said that it certainly was necessary to prove the original guilt of the prisoner, before 1:e could be con victed of the crime with which he stood charged. Mr. Gurney declared himself unprepared to enter Into such proofs, and the prisoner was consequently acquitted. Previous to the trio!, we unelerstood Roberts was desirous of pleading guilty, and for that purpose had written and sent to Mr. Axis a confession and narrative of his escape ; but Mr. Aris deemed it proper to have all the facts brought before the Public, in the hope that the minutest investigation would have taken place on the trial. POST-OFFICE EMBEZZLEMENT. Friday Dan. Davis stood capitally indicted for having secretfcla letter, entrusted to him as one of the letter - cart iers of the Gt.- neral 'Post- office, and appropriating to his •own purposes a Bank of England note for 10% cantAined therein. It appeared in evidence, that the ietterin question was regu larly put into the Post -otilce on the 99th of May last, at Liver pool, by ' Schofied, jun. and direct d to his father, John Schofield, at Mr. ita.nes's, 25. Ktilg struct, Covent-gar -den, a letter. of advice having bect previously cent to and re ceived by Mr. John Schofield; stag the number and partitu-