The National Register. — London, England, 1822-12-16 00:00:00

_ - bread. He compared the slice of breed with the lag. Wit ness saw the slice of bread and beef afterwards, seat looming, iu bis dressing 4001111 ; be unwrapped them, and said Ise had been walking in the garden, and iu the gardener's tool house he found them there. He said be was sure the gardaer could not get it finless some of the servants gave it bins. This round had been dreaded the day before, on the Sunday. It was • juicy piece of beef. Witness examined them both ; the differ ence was very perceptible—gave her master her opinion at the time, that one was well boiled, and the other coder boiled— told him his beef was always kept cruder lock and key. Witness never gave Sharp auy beef cr any person to give to bins—no thing of the kind—told master so at the time. These Mice. lie brought down, laid them on a dish in the larder, and ordered them to be brought oat nest morning fur the is break fast—on the Tuesday. Witness had lived with parson Viells about two months.—He bias a handsome house—he keeps Man its, a carriage and four horses, and is a man of fortune. Cross-oxa mined by the Solicitor General.—Does not know hew long he has resided in that neighbourhood ; witness was not dismissed, bat a few days after her father sent for her home. The loaves need by Mr. Viells were peck loaves her master compared the bread with the loaf as well as the slice of beef. Re-examined.—Tbe reason that her father fetched her home immediately, was in consequence of his having heard that her minder had accused her of giving away his beef and bread.— Her father is a matter wheelwright and keeps his own houie.— Is now in another place of service. The Rev. Mr. Viells re fused to give her a character. Her father took her away at her own wish. The Lord Chief Justice objected to Mr. Phillips calling the defendant •' Poison." It did not become a man of his taste to use a term of reproach. Lord Chief Justice—lt is not polite ; I don't say it is a term of reproach unless used as such. Richard Andrews, a working labourer in the service of the defendant, proved that Sharp, the gardener, usually kept his dinner in the tool-house, and that day asked witness who bad taken it. Wm. Andrews, prior to this affair, was likewise in defen daet's service ; and when *fitness was racceeded by Sharp, be gave him up a drawer in the tool-house to keep his provisions in. Mr. Phillips said he bad other witnesses, but did not think necessary to call them. The Solicitor General, as counsel for Mr. Viells, described him to be a worthy magistrate, and a benevolent man. There was not the least proof that he had been influenced by a mali limos, motive. It was not the value of the article he suspected to have been stolen which induced him to prosecute. H 6 ob ject was to put an end to a species of pilfering, which, to the defendant's annoyance, as well as other families, was carried on daily. If the Jury believed that the defendant thought that the plaintiff had these provisions from the other servants, then there was an end to this prosecution. The Lord Chief Justice in bit charge said, there was no evi dence that the prosecution was from malice, and the Jury would consider whether there was inch want of probable cause in the prosecution as would warrant them in finding a verdict for the plaintiff. The Jury found a verdict for the THE [IM V. BIGNOI.D. Mr. Scarlett moved to put olf this trial, on the absence of * material witness. Ma Judge allowed tke defendant an opportunity to answer to the allidavit on which the application was made. BORN v. traaltow. This fiction was brought on a clause of the 9th of Anne, cap. 14. sec. 2. which provides that every person who loses more than 101. playing at cards or dice at one sittin4 shall recover, by suing within three months after, not only the mosey lost, hat treble the amount for the use of the poor of the parish where the gaming occurred. The plaintiff. who keeps the Rising Sun in Windmill-street, in the parish of St. James, sought to recover 191. his. which the defendant won at the game of 100, on the 29th of Dec.. 1821. Theldefendast, who is a shoemaker, not satisfied with win ning the money, made a boast of his success to the injury of the plaintiff, who on that account brought the action. The winning by the defendant at Christmas, 1821, was proved by several witnesses, and the Jury gave a verdict for the plaintiff—Damages. first, 191. 165.; secoudly, treble the above GUM, amounting in all to 191. as. A SSISB INTEL UGENC G. HERTFORD. During the last Session of Parliament, a third Commission of gaol delivery for the Home Circuit was determined upon, as an experiment before the establishment throughout the coontry of three general smiles annually instead of two. Mr. Baron Graham and Mr. Justice Bayley, the two Judge" named in the Commission, arri►ed at Hertford, on Monday the 9th inst. and after divine service the former delivered his charge to the Grand Jury, in which lie kept clear of observa tion on the duty they had to perform, and while he very pa thetically lamented the additional trouble entailed upon ■ Judge, by so novel an arrangement, be passed, almost without notice, the benefit arising front the early enlargement of • person who should be declared by a Jury to be innocent. In the estimation of Baron Graham, the raessmierire of • Judge may be more important than the tortmisss imprison • inent of a dozen innocent Melt fur six months, estranged from their wives and families, and furred to associate with the vilest of their kind. We thank God that our feelings are not in uni son with those of the learned Baron, and we hope that they never may be. DEM. 9.—William Norman, Hester Nash, and Sarah Wilson, were indicted fur having stolen several bank notes, amounting to 231. the property of William Evans. On the 2211 of November last the prosecutor, who was • salesman of Welsh cattle, for his master, Evan Jones, was in a public•house, in the parish of Coleshill, in this county, which be entered at about six o'clock in the evening. The prisoners came in shortly afterwards, and, together with the prosecutor, drank a considerable quantity of beer and spirits. The prose cutor, becoming intoxicated, fell asleep, when Sarah Wilson, who sat next to him, took his pocket-book (in which were the mites specified in the indictment) out of his breast coat pocket. They then left the house ; and, upon tho prosecutor missing his property, they were apprehended and committed. The Jury. in about ten initiates, returned a verdict of Guilty against all the prisoners. The Learned Judge proceeded to pass sentence of transpor tation for seven years upon Sarah Wilson and Hester Nash ; ant six months imprisonment in the }loose of Correction upon William Norman. GAML LAMS.—J:tmes Head and Thomas Fowler were charged with having, on the 2:itlt of November last, between the hours of eleven and twelve in the night, unlawfully eotereil tutu a curtain wood, culled Temple Wood, iu the parish of ItEGIST trt Tilt NATIONAL Digswell, in the toasty of Itortford, haring a gun foe the purpose, and with the intent to destroy game: Mr. Myers stated the case for the proaeoation, in Oath he calculated with cofideane upon the evidence of two boys, ao compliers of the prisoners, on their being sworn, but whom neither the ingenuity of the Counsel, nor the exhortations of Learned Jndge to speak the whole truth, could induce to give the needful and anticipated evidence ; the case, therefore, failed, and the Jury accordiogly returned a verdict of Not Guilty, which, in consequence of the known characters of the prisoners, who are old offenders against the Game Laws, ap peared to excite • strong feeling of surprise and dis•atisfuc tinn. Thomas Preston was indicted fur sacrilegiously and feloni- Misty taking two prayer-books oat of the parish church of lier tingfordbury, iu the county of Hertford, the property ofJeusima Davis and J. GriOin. Miss Jemima Davis identified one of the prayer books pr.,- duced as her property. James Griffin also identified the other prayer-book prodaced as his property. The prisoner did not offer any defence, and the learned Judge having recapitulated the evidence, the Jury returned a verdict of guilty—death. James Edwards and Willie's Walker were indicted for having stolen and taken away three turkies, value lass. f the parish of &union, on the 4th of November last, the property of James Dowsett. Several witnesses were examined, and the Jury, alter a few minutes deliberation, returned a •erdict of guilty agents i buth the prisoners. The sentence of the ceurt upon the prisoners was, that Edwards should be imprisoned ill the county gaol, and kept to hard labour for the space of 21 calendar months ; and Walker for the space of 20 calendar month,. HYRTFotto, Dec. 10.—Thomas Richeno was indicted fur breaking and entering the dwelling house tit I'-nos Durant, in the parish of illienly, in the slight time of the 12th of November, and stealing therein a suiock truck, ' the property of William Osborn. The prisoner had formerly been a labourer in husbandry in the service of the prosecutor, but had been discharged. Between six and seven o'clock on the lilt' of November, it being then quite dark, the cottage in which the prose. tutor's servants were lodged was broke open, by means of a fracture in the window, and a fruck of °stenos' stolen. There were marks of blood on the window. as ‘ if the thief hail wounded himself. Suspicion falling on the prisoner, he was next day apprehended at a public house at Wheatstone, with the frock upon his back, which was immediately identified. One of the thumbs appeared to be cut, and the frock itself was stained with blood. These facts were proved, stud, under the Learned Jedge's directions, the prisoner, who made no other de fence than protesting his innocence, was found guilty— Death. Joseph Threader and John Threader were indicted for assaulting John Traveller on the King's highway, on the 113th November, in the parish of Kittle Maims, putting him in fear, and taking from his persuu Vils. in silver. It appeared from the evidence of the prosecutor. an elderly 111414 that on the morning of the 15th of Novelle. her, about seven o'clock, be was coming out of his cot age with two pails in his hand, to get a water, when the two prisoners rushed out upon him from a shed in his own yard, knocked 1' down, knelt upon his body, and rifled his pocket of a ;rinse containing 225. in silver.— He was severely hart; the blood gashed out of his mouth, and he had hardly yet recovered from the effects of the assault. The prisoners ran off with the snowy.— The prosecutor was positive as to the prisoner's identity. The prisoners solemnly protested flogs innocence. Mr. Justice Bayley es 1111 l tied up the case fur the Jury, and the Jury found both prisons lb guilty. The prosecutor recommeuded the prisoners to mercy, and begged that they might only be transport ed. Massi.AUGHTe.R.--Julau Marshall was ind.cted for feloinuusly killing and slaying Samuel Parill, at Saw bridgeworth, un the 2 of October last. It appeared that the prisoner and the deceased were bargemen, and with others were drinking at a public house, at Saw bridgewurth, on the !nth of October; the deceased had been in an ill humour with a man named King, and the prisoner tried to prevail upon hint to drink, and the deceased retired; the prisoner again and again urged him to du so ; but Ike deceased at last threw the beer in the prisoner's lace, and then threw the pot at 1i i eee ; the prisoner immediately rose—the parties closed, struggled, and the deceased received a blow from the prisouer, fell, amid ruse no snore; these are the facts proved; the deleudant appeared to have been the ag gressor. An excellent character was given to the pri soner fur mildness of disputation. The case went to the Jury under the Learned Judge's directions, arid they found the prisoner nut gun!). Tile assizes dial not finish instil a late hour wily,. ESS EX . CIIELIIEFoRD, DEC. Il. —The w Winter Assizes for this county commenced here to-day before Hr. Baron Graham and 111 r. Justice Bayley. Alter attending divine service, Mr. Baron Graham charged the Grand Jury, and addressed them %it'd topics pit cisely si milar to tense upon which be dwelt in hi. charge to the Hert fordshire Grand Jury. Abraham Pariah and James Parish brothers, were indicted for feloniously assaulting Henry Goltlii.g on the tong's high way, at Barking, on the 17th of November last, with Intent to rob him. _ _ _ Mr. Joseph was for the prosecution, and Mr. Andrews for the defence. It appeared in evidence that the prosecutor was the guard of a common stage waggon, from Colchester to 10M dun. Between one and two &cluck on the morning of the 17th November, the prisoners attacked the driver of the waggon fur the purpose of rubbing it. The prosecutor, who was asleep in the waggon, was awakened, and lie came to the assistaoce of the waggoner. lie successively knocked both the prisoners down, but they could not be prevailed upon to go about their bu siness.. They both attacked the prosecutor, got him down, and were trying to ride his pockets, when two carters came up, overpowered the prisoners, and do y were taken too cos• Cody, The settle and resistance lasted nearly an I . The witnesses positively swore to both the prisoners. Both pri soners were found The prisoner, Abraham Parish, was tried at the last assizes for a highway rubbery upon a female, under the most atrocioam circumstances, hut war acquitted, in consequence of a mistake in the prosecutor's mime. The learned Judge sentenced the prisoners to be transported fur seven years, being the full extent of punishment entailed by the statute 7 Geo. 11. c. 21, sec. 1, on which the indictment was founded. _ . lbase Prior end Tbomu Adana were indicted fur bares- duality breaking and entering t'Je dwellieg-house a William Coekertoe, at Sutton, on the night of the IS* of October, and stealing a fowling-piece, a large quantity of pink, mime CiteMilll and other food : and William Prior was indicted for receiving the fowling-piece, knowing it to have beer stoles. The Jury found all the prisoners guilty. John Tergrass was indicted for steeling, on the id of No. vember, at Priklewell, a sheep, the property of J. Seratlen. The sheep In question was one of a gosh of 97. belong ing to the prosecutor. It was missed on the morning of the 6 th of November, and, in consequence of foot marts nu the ground, and traces of blood, search was made in the primmer's house, and the remains of • fresh butchered Cheep were found in dif ferent parts of the cottage. There was also a pair of shone found, which corresponded with the footsteps which led to the pets.. era cottage from the spot where the sheep wen slaugh tered. The joi n ts of the meat also corresponded with the sheep-skin found in the held. Upon this evjtleuee the case went to the Jury, sad they found the prisoner guilty—death. DEC. 12.—John Bishop was indicted:ender the statute 57 Geo. 111, e. 9. fur entering a close in the parish of Balsted, in the night time of the Slat of October, armed with a bludgeon, with intent to kill and destroy game. . Mr. Justire Bayley left it to the Jury to consider whether the iiodrument produced answered the descriptiwe of a bliidgeoti, telling them, that finless the instrument was properly described, they were bound to find the defendant not guilty. The Jury found the defendant out guilty. William Taylor and Samuel third were indicted for stealing, on the sth of September, at Weely, a abeep, the property of G. G. 11. Manoings. The Jury found both the prisouers nut guilty. John Skinner was convicted of • burglary in the dwelling house of William Bright, in the night of the 12th of November, at Great Waltham, and stealing therein three sheets, two shirts, and comae other articles of truing value, and received sentence of death. John Blake was indicted, under the late poaching act, fur being found in a close, armed with • bludgeon, with Latent to kill game, on the night of the let of December. The Jury decided that it was not a bludgeon, and found the prisoner not guilty. This was the third Indictment against as many alleged offenders under this statute, in which the 3111140 result followed. •,. 1 -- s 501 CAPTURE OP A PIRATE. [From the Bahama Royal Gault, of Oa. 12.] " On the night of the lst. inst, at half•past eight, the sleep Eliza was lying at anchor in La Guallaya, where a schooner brosght op at a short distance, and, without hailing, fired Iwo aborts ether. The sloop, without loss of time opened • heavy lire from her only gun, a 12-pounder earronade, loaded with round and gripe shot, supported by musketry, and, after lax rounds, the slaughter on the schooner's deck must have been very great, as the cries of the wounded were hideous. A felucca new bore down het seen the schooner and the Eliza, with the evident intention of running alongside and boarding, but the sloop averting their intention, ran seder her bow, and hoarded in an instant. The defence of the pirates wan despe rate. The captain and nine men were killed, and the remaining part of her orew, with the exception of fuer men, two of whom were wounded, jumped overboard. She appeared to have been fully prepared for action. Shot were heating, and the men armed with cutlasses, and a long knife in the left band. Part of our hoarders were equipped with cutlasses, while others with filed bayonets poured in their fice the moment they had boarded. So gallant an atta k could not be performed a i.buot a severe loss on our side: and it is to be litinenled that twu Niemen were killed, and 51r. Nonrse and six stamen severely wonnded•—Mr. Noarae through ►he arm with an iron ball from a niusketooni. The felucca had taken • French brig bound to Ilavannalt, and had disposed of her cargo. Some cases of riband, muslin, &c. were round outward, and her water mot provisions were nearly out. Thins a smith sloop, with only one gun and 2i men, ins few minutes beat ott' with ~rent slaughter ■ schooner of sia guns and •tout dal men, and boarded and married a felucca of five gems and 36 men. Perhaps in few actions of the Lind has • greater egrec of cool and detersidued gallantry been displayed. Gsgssasa, Dsc. 6.—Yesterday forenoon a Is. rentable and fatal accident occurred at the new Chapel ri Ease now building so Blackball-steel. The principal masonry being entirely finished, t h e joiners were proceeding with the erection of the roof, with every prospect of successful comple tion to a work which had previously advanced in the brat manner ; and were yesterday, to the number of 16 individuals ineludire , one of the soperinteuding contractors, employed apes the soatrolding. which had been raised for constructing the rout; whim a prop, which temporarily supported one of the Illsebeanta.. shifting suddenly, the latter gave way, and precipitated the scaffolding which was resting upon it, and um which the new were at work, down upon the front gallery. The accumulated weight having forced the main cross beam of the gallery from its place, the joists which rested upon it were cmnicquently left without support, and, pressed with the superincumbent mass, acted as an many leavers upon the pa ii i i ion wall (in which their ends were placed) a hick divides the body of the church Irmo the main entrauec and staircases of lire gallery. By this means part of this wall was forced out, and immediately thereafter the portion above the opening, to an extent of probably 30 feet and 20 in height, fell to the ground. The whole was 62 work of a few seconds, and the ussfertut.ate men on the scaffolding had scarcely time to perceive their appalling situation, till they were precipitated flout a hei4ht oC 40 fret to Ike ground, and overwhelmed by the accumulated 11121 IS Or materials before staled. Of the entire number of persons but one escaped un hurt; yet, considering the dreadful predicament in which they were placed, it is surprising the catastrophe was not snore fatal than it proves to have been. One mass. named Asher, was killed by suffocation. The remainder were mil in a very short time extricced.soine slightly but most of them serious ly . wounded. . . • As Mr. Bryant, Surgeon, of Kt.:111;1114ton, was on his rennet from the Washway, Liti•toll, un TtleSlky night, he was at tacked by iVIU men, who, *ids horrid insprec,ciiiits. same Obey would murder him, if he tim nut deliver up all the plu m:lly he had about I.iut, which lie did to c scare iajus -After they robbed hitts they eau aw.iy ita the iii..eettou of Caurbet ta ell road. AFFECTING CI xcumsTANce.-011 Friday nt . ruing last a woo of die it, • o %Voltam Audi-co-, • co: c.i ro at Mis,rs. Both and h.,lntost.l)•,!. thoitton slayle pr.yrtetors, was lottsatt ,lead 11l He hail beret totoei; 'tte a thy nr I WO, and Soli. arses years of age, %v.'s to the Italti skit-0114 • tit ,•iin ; oil lit its asked, 011 Friday, I u.s his r was, t au.nn pled, 11111 •11 h.tirt, fur he had s:citt %%ell 811 it;glit. On ilia toriosill oars going into his Lihiostb..r h. was I. uud _