The National Register. — London, England, 1816-09-23 00:00:00

front-door. tag Simi he could r way: IJ n ow. "We will give bons - hiding - men went in a diremisis liowarTls — aie well, and through the gate into the tieid where the wallies That way leads also to the stable. Wit. new did not stop to see whet became of them. Brieken and Austin, his fellow-servants woe at this time in Tuck's house. The next rooming witness mentioned tome of what he had seen, but not all to J. Harvey and to Jem Seymoar. He told Harvey and Seymour that there had been a row, and dint they had run into the bad: but he did nut say that he had bleed Mee swear. He had before this heard from Harvey that a men land been drowned in Tuck's well ['rite seldom at this sei as tending strongly to criminate Tuck, subjoined len M a very aLee crosesexamination, and several witnesses were 41110/111illed b boulidate his testimony, and which we lament, that want of mom, poshmes our giving at length; but which, ip the opinion of the Judge, tidied of rebutting satisfactorily the evi rdeiee of dchnsun.l Mare Holborn. servant to Teas remembered Draper being at the stag on the nth of August; bet the did net see hint pay any money or notes. She went to bed, as newt as she could tell, about half-past to or t t o'clock. Draper winless in the house with other company. tier mistress is usually the lalagnmea up in the house. Witness had given t bureli &candle to go to bed; butsshe 'did not know whether lie had gone to bad or not. fthe was net ealled up by any one after wing to bed that Melt. Her bed moth hNW her masters, but she did not hear him ems le bed. They shot up at to and sometimes at 11 o'clueac, weed* at whet eumborners they brat in the house. She had never seen Draper In the he... Worn TM next morning het 11131iler was first up, sad eked bee mime. The that was at five o'clock. About seven (Aim* she went to the well to dewie waft,. It was in the same state as before, except a piece of 'rootlike woe across, wag broken in two or three pieces. In the morning alio day before that ice of wood was whole. The hole in the tap, eatat which they drew water, was large enough for a man in liquor to tumble in. The water in the well looked very thick; and she dipped d.wn the pan. when she saw the deceased's hat on his head, and part of his face. She went immediately to her master, and said to hint, ,• Good 'gracious master, there is a man in the well!" Tuck was letting this awls out. lie went and looked into the well, and said, " Good gnaws I I s . x pose it is the poor old ostler." He seemed very in abobeed. deceased seemed as if he was standing in the well Her luster came back, and told Radium the poor old ogler was in thwerell. Her master, Robinson, Crouch, and Saunders, took the body est, and put it ja the brewhouse with its clothes on. The deonners Sell and brother came soon after. Her master could eat no breakibet je h e l s lid d . because it had shocked him so. Her master sent for the 's brother. Then followed the evideace of Tuck's servant, B. Petts, who was em ployed to carry the notes to the brewer, and which were delivered to I'. Eldridge, clerk to Mr. Baiasford. brewer at Enfield, and among which were the two nou n proved to have been in the possession of Dra per on the day of the murder. D. Draper, brother of the deceased, was sent for on the morning of the 9th of August, to the Stag. Tuck was the first he saw, and he asked him if he had taken care of his brother's property. Tucksaid, what property he had about hint hey supposed he had then, for he did not know what he had about him. The body was in the brewhouse, with the clothes on, Tuck said witness should see him, and he might search hint. The deceased's son then searched his pockets, and fosusd two pocket-books, which contained nothing hut orders of Cotut said summoners, and a purse, containing nine shillings and a halfpenny.— The papers were quite wet. Nothing was said then about th e pro. rty. - When Thai saw the body he turned sick, and retched very uch. lie was obliged to leave the brewhowie. Witness left Tuck'ss house almost immediately. At times hi, hmthei carried large sums in notes, He received IN notes of 11. each. from Eldridge. two of .which he gave to Head the Officer. Read produced the two triter he had received fmm the last winless. Cress.ciounined.—He apprehended Teak, who behaved well, and went readily with him. During his examhastion, 'ruck lent witness his chaise to go down to fetch up one of the *Mnses. Draper reexamined.—Said he never took the pocket-hooks and put !hem in his pocket, saying they were all right. lie examined the pa pers when he got about 5(10 yards from Tuck's house. Mr. Reynolds, an attorney at Chi:shunt. went to Potter's-bar on the morning of the nth of August. He saw the deceased there; and paid hint three O. notes, on &count of a client of the name of Chimp& (hoot" the notes which Smith received front Tuck's boy, was one of those which he paid to the deceased. He had 'written 19 on it, because it was the top of a parcel of notes amounting to 191.—This was fully confirmed by the endenceof the wither's son. Keziahlttreet proved, she paid Draper. the deceased, a 11. note with other monies. Being abeam one of the two notes which Read the offi cer had prodweed; she swore - that was the note she paid to - the deceased an the loth ofJ fly. Mr. Clark, a surgeon at Enfield, by desire of the Coroner, examined the body, and thought the mark on the neck indicated a sufficient blow to have stunned a man, He did not think the blow who the immediate cause of his dwitji. Mr. Holt, also at Enfield. examined the body on the 13th of Augun, and dieaetrsafi bruise* on the side of the neck to a consider able el t _temeillmely under the ear, and there appeared to have been a ue lakeidinglhem the ear. He thought the blow on the ear suffi cient to peados lneentribllity, and might have occasioned death, more likely in a pine full of liquor than m one who was temperate and sober. Here the caw for the prosecution was closed, and the prisoner was put on his defence. The prisoner then put his hand on his heart, aund declared himself perfectly innocent of the heinous crime alledged spinet him ; and left case to the Court and a Jury of his country. A great number of witnesses gave the prisoner a good character for honesty and humanity. Mr. Baron GRAHAM then proceeded to sum up the evidence. lie began by observing, that it seemed quite clear that a flair. der had been committed for Ike es idence of the surgeons was distinct as to the probable effilet of the blow, the marks of which were so visible under I)raper's car. The blow too ap peared to have been dealt by a person well skilled in the science of producing stupefaction at least, it' not death, by one etfeettial stroke. Granting then, what seemed scarcely to ad mit of dispute, that Draper had been murdered, the question to be considered was, whether the pi leaner's wits the hand, or sore of' the hands, that perpetrated this act of wickedness. stoat here the . Jury should first sift the probability of the alle gation preferred by the prisoner, that Draper had received this blow of which the marks were esrvisible) in his wrestling with any of the pennon in the pnblichottse. Now two wit. messes loud positively SWIIIII that no blows steer struck in the eery trifling wrestling that took place, The deceased bad merely received a posh which threw him backwards. It was a vire 1111 l stance deserving tl.eir attention, that when Draper was ont,three 111',1401/4, (though 'ruck was not one of the:o, Black, Crouch. and Saunders, went oust lifter h' , and were seen no more in the house that night. 'rock, to he slue remained some time afterwards in the parlour. The most material evidence ma' that of the boy, Johnson, who swore positivels to the fact of having seen, at about half past I l of the night iu ipteation, tiair persons ( the foremost of whom was Tuck) come out hastily of latek's house. He knew Tuck by his face, (fur it ea, moonlight) soul by his voice; and heard Dim say. " his old eves, he's gone round here." Another of the time then lid, " i.et's folk - mil ' bins a good hiding " possession, almost been a parcel of those notes which Draper lind collei;ted, and of which he had been completely stripped. It was proved by the intelligent lad who was clerk to the brewer, that he hail called upon '1 tack twice in the coarse of the day in the evening of which Draper was murdeied: it was proved - that Mra.Tuck, had then been unable to pay his detaand, though the money was sent early the next inor ii ill g and part of the money so scut, and marked with the clerk's signature. consisted of two notes, which had been in the possession of Draper. the other hand it was in evidence that Mrs. Tuck, though she had not the saw on the preceding day, had however promised to scud it; that a person had lent Mrs. Tuck six pounds about seven o'clock in the evening, before Draper arrived ; and that Tack himself had, at 6 o'clock time same evening, ordered his boy to be in rea diness to go with a parcel to the brewer on the next morning.— The next circumstance which at all weighed upon the point in issue, was the behaviour of Tuck, as deposed to by Draper's brother. He allowed that Tuck answered all his questions; but when he was asked to go with him and show the dead body he became pale, very agitated and sick, and retched violently , Tuck's servant also had deposed that, her master had declared that the death of the old man had made him ill, and that he could not eat any breakfast. The , prisoner, in his defence, had laid his hand upon his heart, and had maintained his innocence in a bald and solemn mauner. lie had also called a great num ber of witnesses to character, and several of them were appa rently creditable persons. They had known the prisoner for varions periods, some even from his childhood, and all deposed that lie bore a good character for honesty and linnianity. —The circumstances, as he had before said, lay in small com pass. A man had been murdered—evidently murdered. The blow in the neck—the upright posture in the 'well—the utter absence of all appearance of struggle, occasioned, no doubt, by the stupifyin; blow— that blow too applied with such akin in the very part of the body where it would be most fatal—the house °coupled by a• landlord and guests, all well skilled in that pernicious science—the well, so ready at hand to throw in the dead body—that body, too, absolutely stripped of all its pro• party ;—ali these were circumstances which the jury would take into; their consideration. Was Tuck the murderer, or one of the murderers: , Had he reheated satisfactorily the evi dence of Johnson, who swore to seeing him run out of his house, and who had heard him use the MOM violent expressions. Did those expressions admit of any interpretation short of a guilty one. The note too—how was that difficulty to be explained i it might be conjectured, but it had not been proved, that the note traced from Draper to Tuck had been paid by the de ceased for part of his reckoning. This, however, was not in .evidence. Were the jury to believe that Tuck had no motive to commit this crime; or were they to imagine that lie had, on being pressed by the brewer fur payment, made the desperate resolution of paying his debts by murder and robbery i All these considerations they would weigh fully and deliberately ; and tithe circumstances appeared to them to warrant a verdict of guilty, they would honestly pronounce it : if there were just cause of doubt, they would acquit the prisoner. The Jury then, having retired and deliberated fur hair an hour. returned a verdict of—Nu Gritty. The prisoner, however , who was arraigned upon two indict. ments, is to take his trial for the robbery. The trial did not terminate until past ten o'clock at night. CHARMS OF Mt/RDER. Saturday, Ann Kilfoyer and ifammit Meketsey were indicted for the wilful murder of Maurice Welds oat the ;itit of August last, its St. (files', by means of a cord they tied roam) the neck of the deceased, which ceased hi. (kettle. The evidence nut being clear against the prisoners, they were acquitted. CAUSE OF THE RIOTS IN NEWEATII,—Barnard Levy WAS dieted for stealing, Ysth Aug. from Stephen Monk, a watch. He deposed, that on that day he went into Newgate to s isit an unfortunate friend who was in that prison. immediately on is going through the second gate, the prisoner jostled against him and look his watch from his fob, and immediately handeJ it to another person. Witness directly collared him, and the prisoner was apprehended. Mr. Newman, the governor of Newgate, deposed. that he insisted on the production of the Ivatch before the riots, and in about 20 minutes it was handed through the grating. Samuel Davis, une at' the toorukeSs, stated, that he saw the prosecutor come in, and saw Levy run against him. and Monk caught hold of him directly, but on his being taken into a cell and examined, no watch could he found on him. The prisoner, in his defence, denied the charge, and called two unconvicted prisoners, Dwyer and Jordan, to prove that he had nothing to do with the robbery ; but these wit nesses thought it most prudent to affect a total ignorance of the circumstance. The Jury found the prisoner gnilty, and the Common Ser. jeant, learning that there was a bill against him him far a high way robbery, forbore to pasv sentence ur - u him. W. Morgan was convicted of stealing Manchester goods to the amount of 40s. in the dwelling-house of Messrs. Butter worth and livens. Gnitty—lleath. OF THE CONSPIRATORS. WATSON, ESQ.ANDATULL BENCROF MAGISTRATS.. Saturday, George Vaughan, Robert Mackay, and ervrge Brum*, were put to the boar, and indicted as fol lows " For tut/awfully and wickedly conspiring. confederating. and agree ing to obtain and procure certain evil-disposal persons ; that is to ray, Killiam Sanderson, William Wood, Michael Early, utOcrwise called Michael Hurley, James Early, otherwise called James Hockey, aid !tennis Early, otherwise called Dennis Hurley, otherwise called 301.4 Brown. 011 the 29th of June, in the 56th year of our Lord the King. with Juice and arms, feloniously and burglarious) y to break and enter, about the hour of eleven in the night of the Id day of July, of the year atiiresaid, at the parish of St. ',omen', Shoreditch, in the county of Middlesex, the dwelling-house of one Anne Macdonald, there situate, and the goods of the said Anne Ma c donald, in t h e sa id d we lli ng- h ouse , then and there feloniously and butglatiously to steal, take, and carry away, with intent that they, the said George Vaughan, Robert Mac kay, and George Brown. should cause the said persons, to wit, the said William Sanderson, Willhim Wood, Michael Early, otherwise called Michael Hurley, Janus Early, otherwise called Jiones Hurley, Dennis Early, otherwise called Dennis Harley,. otherwise called John Brown, to be apprehended and by law convicted for the said felony and bur glary, and thereby wickedly and unju procure and obtain to and tortiie said George Vaughan, Hobert Mackay,N and George lino" Vie rewards given by Act of Parliament, upon the conviction of writing f.,r the crime of burglary, in the contempt of our said Lard the King, to the great dishonour and scandal cat his laws--to the evil and pernici ous example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.". There were other counts in the indictment, one of which charged tha prisoners, generally, with conspiring to induce persons to COMM vari ous burglaries, for the purpose of procuring the rewards attendant upon conviction for such iClonies. Mr. Rolland, on the part of the Crown, opened the indictment, and the case was stated by Mr. GURNEY at considerable length, in the course of which, he detailed to the Court and Jury, the various circumstances, which have already been so ftequently betbre the public, and which arose from the several examinationsof the prisoners, together with the confession of Muckay.,--The learned Counsel addressed the Jury forcibly upon the ferment that these cases had excited in the public mind, but en treated them not to be led away by any previous feeling, which popular opinion or prejudice might have canted, but to decide entirely upon the evidence which he should this day produced. Much of this he would not hesitate to say should be watched with jealou.sy and caution, as it . would be detailed by those who were themselves engaged in the transactions which were the subject of the pristine's' offence.—The witness, however, whom he was prepared' to bring forward, who would corroborate by their t4..sti monj all the principle features of the ace, would be so conclusive, that he had no doubt the Jury would feel it to be their imperative duty, to pronounce: the prisoitime Guilty. The first witness examined was— William Drake, whO deposed that he had been a midshipman, and ago acting lieutenant In lea Majesty's service. He was asquiunted wish all the priantera, and knew Mackay in pastieular, who, as well as him self. t t .ad &sub' A lton in the Custom House. Ile could !sot s, an sir.; situation Brown was, but he knew that Vaughan w.is one 0: t.•, h w o sweet Patrole. Early in July last, the aias in a pubbc.h,a me . m ar Shorediteli Church, when his attention was chant: in the eaten tea of some p ersons in the place. which induord to tt pyv,e they were thieves. This circumstance he afterwards osiannual_stal Mackay and Brown. Tire tinnier immediately proposed to introduce the witness to Vaughan, and this was accordingly dune rent morning. Mackay only was toresiin, and they . had sonic ninversatinn respecting the characters of use Mtn when& witness had heard conversing at the public-huuse mentiated, and Vaughan • urbanely proposed mat they should ennunit a burglary at the house of a friend of pis 111 Gray's-In/t -hine. and where an attempt had been previously mock by a man named Hubbell. but which was defeated by the barking of a clog. The par. tits engsged in the transaction would afterwards have completed OW crime. but that Hubbard was taken up for stealing a oat e n, aci d h e re. quested witness to try arid procure the men whom he hail seen at Hie public-house to effect it.—These were the Earlys, Sentlervon, and a ' boy named Wield, who were to commit the burglary that night at the house of a Mr. Soignee, when they were to be rewarded with a rick booty. Witness consented, and promised to do his hest, and to meet Mackay and Vaughanat tiadkes Wells. where every thing was to be prepared. It wah thin mentioned by Mackay that their prevailing% wield be attended with expense, and asked Vaughan for some money. The Lauer immediately gave hint sonic, and said that whatever mote might be spent should be re-paid, and nut tolet the men went foe-chink or any thing they might require. Witness at this time heart! Mackay and Vaughan conversing &pout obtaining the assistance of Mr. Har. mer the solioitur, in behalf of Hubbard • who was to be examined at Cnion Hall upon a charge of felony. Witnees in the course of the same afternoon saw the Harleys at a public-house in Shoreditch. He was araimpanial to the neighbourhood by Mackay, who waited tbr hint at some distance. Witness communicated to the persons mentioned the intention of breaking open the house in Gray's-Inn-lane, where be represented there was considenthlaproperty. cad asked their assistance t they immediately consented. and Dennis Hurley said he knew a Mail who was accomplished in business of the kind, and on wheat they might depend . ' Phis person he said he would bring with them. l'h e y then partial, and witness afterwards eonnnunteated the eonversauon he tad had with the persons mentienetl to Mackay and Vaughan. and likewise his appernuent to meet with them a second time at eight o'clock that evening. ThG the witness did at a public.house in Shortiliwh, and they all went to the house of John Brown to talk the matter over. The latter was the person'who principally !alarmed the business, and he, Mackay, and me witness went to Siuller's W e ile, • where they „met Vaughan, who accompsnied them to a tavern. !less told Vaughan all was ready whenever he wished the business t* he done, but the latter add it could not be done that night on seisn:r.t of some lodgers, but he wished it to be effected the tialowine n gft, when all would be ready. It was then fixed ilia they shoald meet at Vanglian's house next clay, and the witness Was I , revitea!), to kie the Burley's and others. and acquaint them that the burglary was to Nt committal the following nitftit. Witness accordingly met them. and said all would be ready, and in the words of l'atigium. informed darns that there would be • considerable property." and that it would be .• a perfect gilt." AVatness subsequently went with Mackey tind Vaugium, wm cave him wine kale and a Cllllq. liar. and se. - ne money, in order to defray the explore of keelin g ; the non at the public-house who were to commit the bin:Jere. Vaughan then left them to go upon his duty at satiler's Wells. Mackay seem to a public:4loms, and witirms went to Slawalitch and ma awn tithe men, tygether wiz% the boy Wood and D. Hurley. They afterwanh. found son and Vaughan. and Mackay ell - .lc down ahem i i o'clock; witness with them, and Vll3lillllll peir:V4l nut the honer, and dec k ed wit:iest to be eircuntspict, and mark the right door : and that every thing should be ready in fifteen minutes. W inlet* men returned to the me-, and at the time took thee) towards the house, when Mackay =me • done SEPTEMBER 13. THE NATIONATAtEGISTER. ......_ __ _ rant-door. He knew none of them but the landlord 'ruck, who was 'they were expressions purporting a murderous latentioo. or the TRIAL an ACtit of thaiu. Ile.kne7 kin by his voice, and being moonlight, tuere ebullition of hastiness and auger, provoked by the Inas- ie mild see ham. 'I no. win., .. " ..-7 —. 7 "" 144414.6 ! le ill gone this heroes conduct of Draper in th e ho use. T he next class of BEFORE W. Ware ray; I know. he a pine round here." One of the other men saw. circumsta nces r a ',;,:,••,1 :',"; !!.. I!•,isx two Rotes ) iu particular, Saturday, 6• We will give him a good hiding, and will kick him ." The four found In Tuck's possession, were , !.Host demuustialeo n brvet- ererze Brume, nen went in a direction towards the wep, sad through the gate ttlel) h ..... . . 5 ......, ~, ~L _ __. __,,___, L2 _,_ ..„__ , , „ . MIDDLESEX S'ES,S'IONS. Monday the General Sessions of Peace for Middiewt, corn menevd at Clerkenwell. The business, as usual, cousisttd chiefly of Indictments for Assaults, 'lite Hon. Lord Langford was indicted for assaulting J. Rid dell, formerly his hotter. The circumstances which led to this assault were detailed by the Prosecutor, as fOIIOVIS :—He stated. that be had lived fiourteen mouths in his Lordship's service as butler ; and that. when he left him. his Lordship appeared to be' perfectly raitistied with hit conduct, and said he would give him a character. That lie afterwards went to live, temporary, with the Martinis of Winchester. whose butler Was ill but that he left that Ware on the former servant recovering his health. That upon the occasion of the assault, he called upon his letrd ship to rectify a tnistake he itaitinadc hie letter which he hail written resparting him, namely, that he hail lived with him tilt months iu.steatl of fourteen, and as lOotionti i n stead of hotter. His Lordship -was out when Ise went to inyoire after I • but as soon Li he weaved he addrsised him respectfully, hat that his Lordship thrust him away. took him by the collar and tore his waistcoat. He denied that he had Oven any cause of provoro thin, bast meant, in a topectOil wafture, to solicit his character. fur the Noble Del, %ftid, Lon - 1.114) out, three pITROII4, till/Ugh Tuck was not one of thent), - /Ilack, That mpon the occasion of Um assault, he --- 'calked upon his Lord. x'6ll; 11a11, wash Cave him W,me ktvs anal a 717,1,d. %tacitay meld ('roach. and Saunders, went out •after , anti were seen no ship to rectify a tnistake lie itioLmadc Ma letter which he had i n ostler to defray the expellee of keeping the men at the public-bou r ne more in the house that night. Tack, to hi more remained some written respecting him, namely that he had lived frith him who were to commit the hargiary. 'Vaughan then l e f t ti ter° t o no tinie afterwards in the parlour. The most materist evidence fill month.; iusteutl of fourteen, and lOolman instead of boiler. upon his duty at caller's Wells. Nlack..y wets to s public .hoznt. :IS that of the boy, Johnson, who swore positively to the fact His Lordship mos unt when le. went to inquire after I • „ but as and witness went to Shoceditch and me, two tithe men, to i ;ether of haring seen, at about half past 11l of the night iii question, • Won as he taleived Joe stddretsed hint respectfully, hot that his the boy Wood and D. Hurley. They afterwald. found Foruhr- folir persons ( the foremost of whom was 'Etick) come out Lordship tbresst hitu away, tank him by the collar and tore his son and Vaughan. and Mackay e117.1e down about i I o'clock; witness hostile of isitek's house. He knew 'rock by his face, (for it waistcoat. He denied that he had Oven any cause of provorn- with them, and Vou;iiian poieksi nut the house, an d tksired witneas was moonlight) and by his voice; and heard him say. '• 11--nhot them, ineaat, in a itspeettol itiattner, to solicit his t? mar the nh,t ) and tht very thing• %must ne Testy an fifteen mi k nutes. ‘ ti s 'mess men return a ed e to the rrst-!. Iris old eves, he's gone round here." Another of die four then charaCter. and a t the time took them towards the house, when Mackav said, " i.et's follow, and Rive linu a good hiding." This testi. • Ur. Alter , fur the Noble Defendant, said, that his Lordship runnirg up in haste, and said it would not be done an ac . touni. t"sit e soon had been attempted to be shakes, hut withent effect ;it bad given 'the .Iscuserittor one character, het refused to gise. watchman. Vietithan aftetw.trds told witness Clio it:ld not gat was perfectly consistent with the story Which Johnson had the Idol a second, and that upon his tieing illtret Ilium(' be met Ott watehomn to quit hi• heat. hot dust he would report !Mu th e o T at . • field morning told to two other pert-Olis• ;hie it was for the attempted to torn 4ti a (au of the lion,e. (mu dos h.O ed. *minion. after, Mackay. Prown, Jury to consider what inight to the purport of giese expression., The Joey (mind 11 , . gnilty, au,l the Cum t sentenced and the wile:- • the burglary at Mrs. M•Donaki, a t H omo ., on the supposition that th were really spoken ;—whether him to j e u a tine of to the King. and it via cogiteilllllCACti to Valai!talll, who lublay afpnwed d it, sal