The Statesman. — London, England, 1818-08-17 00:00:00

Y , _ J :~ 7 4 11 ASS. rR. E GLOUCESTER ASSIZES. MONMOLTI The Co . nnirsion was opened here on Monday evening, and-besiners cafilienced soon after on the follissitarday. be witty of causes on the Nisi Pries tide wis annually great, amounting to 'nineteen in number, ot wbich five mere Special Juries. On the Crown side ',lsere were fifteen prisoners, whose cases, althnegh not of a Very interesting na ture, yet required ranch thee fo iovestigate. The whole of Teesdayosiatil half-past ten at night, the Nisi Prius Court, in tikich Mr. Baron Garrow presided, was occupied In the trial of Common Jury ' , causes. Of these two only were tried : the second engaged the attention of the Court until seven o'clock, when the Jay retired to consider of their Verdict. Previous to ibis CDS being brought to a con clusion, anticipatieg the impossibility of trying the remaining causes, Mr. Baron Gm/noir-addressed the Counsel on that subject, and pointedoot the neces sity of coming to some determination ai to what was to be done. An arrangement was then made for the settlement, by reference of some of the causes, and three it was agreed on all hands should be left as remanets for the ensuing Assize, two of which were Special Juries. His Lordship then gave orders that preparations should be made for his departure to Gloucester the moment be left the Court, as, in consequence of Mr. Jamie, Hol royd having still much to do at the Crown side, it became imperative cm him to go on to open the Com mission at that place. As soon as the Jory had re tired, his Lordship proceeded to his lodgings, from whence, at half-past eight, be set out for Gloucester, his carriage being drawn by the mail coach horses, which were far superior both in 'trent b and fleetness to the wretched post-berses of the town. He was driven to Ross by the mail coachman. Mr. Williams, the associate, was left behind to -take the verdict of the Jury, who remained locked up until past ten o'clock. Soon after this hoer, Mr. Justice Holroyd completed his arduous duties on the Crown side. SINGULAR LEGAL DIFFICULTY. A. most extraordinary, and indeed an impute/dent. ltd circumstance has jest occurred in the city of Glou cester. On the evening of Wednesday last Mr. Ri cords, the High Sheriff, and his retinue, proceeded about ten o'clock, in order to meet the Jades, Sr W. Gsrrow and Mr. Justice Holroyd, en their way from Monmouth, where the business had detained them rather an usual time. Sir W. Gsrrow hail come forward from Monmouth with the utmost expedition; but all his efforts did not enable him to reach Gloucester before 12 o'clock. When Sir William was in the Sheriff's carriage, Mr. Ricardo suggested the probability of the illegality of opening the Commission no The mirky instead of Wed nesday, which was the specific day. This at first did not forcibly strike Sir William as a serious objectism, and he opened the Commission as usual. In the morning the Judge, Sheriff, &c. attended the (herd), and the Assize Sermon was preached by the Bev. J. Hitchings. The Grand and Petty Juries were sworn in, and other proceedings commenced. Mr. Justice Holroyd arrived in Glen. cester shout three o'clock in the afternoon of Thurs day, and a consultation was held on the subject of the non opening of the Commission on Wednesday. Mr. Jarvis, Mr. Dauocey, Mr. Pogb, sod several ether Gentlemen of the bar, gave in their opinions, and at length it was determined that greet mischief, both to the ,Crown and Civil Side of the her might ensue, thould the Judge proceed to trial under these extraor dinary circumstances. The Court was therefore ad journed till this morning (Saturday), and the Under Sheriff meanwhile went all express to the Chancellor, in order to have his opinion, and to know if the busi ness of the Assize could be legally proceeded on, or if it was 'necessary that a new Commission should bel issued. Gloucester then became a scene ne consider able confusion. Lawyers and their Clients were seen running in ail directions. The witnesses, all of whom were obliged to remain at Gloucester, were lamenting the loss of time they should sustain. Bar. sisters were renewing their terms of lodgings, and indeed nothing covidoqual the confusion of the City of Gloucester, when the tidings of the adjournment were made known. The consequence of proceeding to trial were not at first 'conjectured. They might have been of the most lamentable end mischievous kind. Prisoners might have been deemed illegally punished; decisions in lawsuits would have been null • sod even the Sheriff himself, had he proceeded to 't he *wittiest of a patent" of death, might have been Indicted for wilful murder.—The anxiety that pervades the City, it is probable, buy not speedily be terminated ; for it is entertain how soon the Chancellor may decide the momentous and unprece dented question. His Lordship say even think k necessary to somata a meetieg of the Privy Coeacil s and at this season of the year such a meelieg cannot be speedily assembled. From the evil and the iocou. valence, however, good may eventually proceed, and tbe present necessity there is for a Judge in propria persona to open the Commission, may be set aside, and a Serjeant sent forward for this peeps's., when the badness of the preceding Melees is of ma. *seal magnitude. The following is the speech of Mr. Dem Garrey. ho the Grand Jury, esplaining to them the sees pedal difficulty in which the Court was placed : GISTLIDECN Or tan GRAND .117alre-h may be people that I Should exploit' to you the course which, In the very distressing, end, to use, eery afflicting, circumstances ha which my Learned Brother ' and myself are placed, we have thought it most en. pedient to take. It Is mow, Gentlemen, perfectly well known to yen all, that, is consequence of the great pressure of !milieu at the last county frees which we have come, notwithstanding weary possible diipatch was used, I dill tact arrive in this place till some minutes after midnight. The Cambia°, under which we were appointed to assemble here To. quirod that we should commence our duties on the Wednesday. it has been the , usual course to open the Commission on that day, sad, generally nothing more has been (lone • the Court adjourned to the (al lotting day. On the roust occasiou, the Commis 'Ken, from the unavoidable circumstances to which I .1 1. : V. F" -I , i • _ - :---•-- 'THE STATEgMAN: have alluded,. wet not Apened_within the time_egr polsted, and a difficulty has occurred in our mid as to whether it may he itrictly correct to proceed with the business of the .Assize. Since I had the pleasure of communicating with you' before, my Learned Brother and myself have given our best con sideration to this new but important question ; and upon the whole, we are of opinion, that the most : prudent course will be to charge you, Gentlemen of I the Jury, to make enquiry into the matters which shall be submitted taloa in the ordinary way, *nil to ' adjourn, frees time to time, to receive such bills as you may find. In the interim, we shall omit nothing to remedy the inconvenience which has arisen. A messenger has been dispatched to the Lord Chancel.. for on the subject, whose judgment we have thought it proper to consult. If unfortunately It shall be found necessary to issue a new Commission, then nothing will have been done of an important or in. jurious nature. We shall abstain from taking any trials until after the answer of the Lord Chancellor has been received. When you are sworn, therefore, we shall adjourn, as I before said, to such time as shall appear most convenient for the reception of your bills ; and it is now to be understood, that neither in this Court nor in the other are any Mali to be proceeded with until Saturday morning. It is impossible, Gentlemen, that I can tefrain from es pressing the deep and heartfelt regret which I feel at the disappointment, inconvenience; tied additional espence, which must result to parties from this pain. ful occurrence. The only consolation 1 feel is, that no possible blemeis imputable either to my Learned Brother or to myself. I came here with uncommon advantages of travelling, and with all possible dis patch. I left a Jury behind me locked up, and had the misfortune to leave several cases untried. The ' case is as singular as it is unfortunate, and is to me most afflicting." Mr. Pugh cow read the Proclamation against pro faneness and immorality, and Mr. Richards, his Lordship's Marshal, proceeded to administer the usual oath to the Grand Juries, both for the city and county of Gloucester. Such was the rapidity with which Mr. Baron Gar. row travelled, where the road would permit, that he was frequently in imminent danger of being over. turned, and some of the Barristers who were upon the road before him, nearly escaped a similar fate . , from their carriages coming in contact with his. SOMERSET ASSIZES. K. Fry and G. Nuttyco►nbe were indicted for forg ing a 11. note, purporting to be the promissory note of Mews. Stuckey and Co. of the Bristol and Somer. retshire Bank. T. Nuttycombe, the father of one of the Prison ers, deposed, that he resided in the perish of Mark, in that county, end that in May lest his son ache to live with him. The house belonged to himself, and the Prisoner Nuttycombe rented it of him. It was in June that the Prisoner Fry came to lodge in it, shout a week before he was apprehended, and wit. ness had no previous acquaintance with him. He came, as be understood, on a visit to his son, who was a shoe-maker. He himself did not know Fry's occupation. He recollected going into Fry's room the evening before .his apprehension, and , saw a wooden (tame standing in it. He asked Fry what it was, and he answered that it was a thing to make figures on earthenware with. J. Luff, a journeyman carpenter, made the frame at the request of Fry. The witness asked for what it was wanted, and the Prisoner said that could make no difference to him if he should be paid.—[Here the frame, which was a clumsily contrived printing-press, was brought into Court, having had rollers and a handle subsequently atlized to it., and was partially recognized by the witness.) —Whet► he had finished the work, which occupied him two hours, during the whole of which time the Prisoner superintended it, he again enquired into its use. The Prisoner replied, that could *Cake no difference to him, and if any per son should talk to him about it, he might say that he worked for money, and not for knowledge. Fry paid him 51. 6d. for it and carried it away. Maria Nuttycombe, sister to one of the Prisoners, was with difficulty brought into Court, from the es. cess of her agitation. her evidence was not ma. terial. J. Spencer, a turner, lived about four miles from the parish of Mark. He was applied to by G. Nut tycombe, to make two rollers, for which he gave par ticular directions. The p►ice was 2s. Nutivcombe took them, and paid him by a note.which he afterwards discovered to be forged. Ile pointed out to Nutty. combe a little rind or bark in one of them, and asked him whether it would prove any obstacle. The Pri soner's answer was, that he did not know himself, and he then lulled another man, who said that it would not. He could 'peek to the identity of the rollers, hot could not swear that he had ever seen the Prisoner Fry before, though, on a second dew s he thought he had some recollection of him. • W. Counsel, clerk to Messrs. Poole and Stradling, atomics, at Bridgewater, stated, that in cons" ! queue of information communicated, be was sent to the parish of Mark, accompanied by a constable, with a search-warrant, on the 24th of Jane last.— On coming to I'. Nottycombe's house, hey found his daughter washing. The constable mentioned that the object of their visit was on suspicion of forgery, and that her brother was already apprehended. She •Immediately fell into byetetics. On looking into a small place where lumber was deposited, witness picked up a man's apron ; it was daubed with a dirty black colour, and had a smell about it like that of printer's ink. A moment after the constable dragged out a man from a projecting place, resew- Mist/ a chimney. This was the Priaoner Fry. Being asked what he was doing there, he said be had come on a visit ;that be was a potter at Bristol, and that his name was Fry. The witness seeing that his hands were very black, enquired the cause, end the Pri soner said be had been blacking shoes. Finding that they might want assistance, mud that the situa tion of Maria Nottycombe was very distressing, they left the house, and brought hack • woman named Elisabeth Beggs, and H. and W. Meade. Witness now, forn.the first time, wean up stairs, and found a considerable queasily of damp paper loose, and cat, in pieces about the size of ordinary Bank-netes.— The next things were* bottle of printing ink, in - yAk , .-7 1.6 k • .f Air t • -,.;61 , • • .7t• .rubber, a taintog a aor, lg of charcoal, coal burning Strings were gira window, anero lay .preading knife, which alipeared to bek . stilned With black. A kind of printing press 6E041 in that middle of the room. The constable then cienein; end Witness saw him take from under a bed a elkantity of notes. The Prisoner Fry waslearched, and it parcel of note? found in his possession, add taken from him. A se cond search was made three hours after, *hen they found a box in the same room, containing 21 notes, quite new, and completely filled op ; there was also a considerable dumber in an unfinished state. In the outer room they picked up a copper-plite, which appeared. on trial by an engraver, to corm , spend with the impression on the notes. this plate •as found between the bed and bedstead of the outer room,' through which it was neceasaty to pals in coming out of the inner. Anne Foster, deposed, that she litied with her fa ther, who is a shopkeeper at Bridgewater. She saw the Prisoner Nottycombe on the 24th of June, which was the day of a fair held iti that town. Ho came to the shop for the purpose of buying a knife. the price was a shilling; and be offered a one pound note in payment for it. Not having sufficient change, she carried it to a neighbour, who refused it, and told her it was a bad one ; upon which she took it to the Bank, and on showing it to Mr. Pant, the cashier, he said the same, and returned with her to the shop. They found the Prisoner Nettycombe waiting, and Mr. Paul asked him where he bad taken it. Ha replied at Mark, in payment for a pair of T. Paul produced the note in question. Ile knew that it was not a genuine note, from his acquaintance with the hand-writing of Messrs. Hart and Medlin, Clerks to the Bristol and Sumersetshire Bank.; and whose signature it purported to contain. Both these signatures be knew to be forged. The paper •nd the plate were also considerably different. Having examined the entire parcel of notes, found in the Prisoner's house, he could affirm that nee of them had been taken from the plate used io the fabrica• tion of Messrs. Stuckey and Co.'s notes. • J. R. Poole, attorney, stated, that the Prisoner Nottycombe was searcher in bit presence, and that he saw taken from Ms waistcoat pocket, a !tercel wrapped in a handkerchief, and which proved to be a roll of one pound notes, amounting in number too hundred and all to a finished state. In another pocket were 41 more, rumpled, as if intended for immediate use, and in his breeches pockets there was &end 61. 10s. in silver. W. H. Bindon had been seven years a clerk lathe house of Messrs. Stuckey and Co. and was sore that the note in question was not genuine, from the cit.- camstance of the paper having no weter.ma►k. He could also swear that the signatures of Mr. Hart and his own name were counterfeit. On his crnss-ezamination, he admitted his belie( that wear and pressure %mild sometimes efface the water-mark. IL Paddy. in confinement on the same charge, and brother-in-law of Nuttycembe, was the last wit ness for the prosecution, and his evidence went to show the close ouderstanding which subsisted be. tween the two Prisoners, both in fabricating end dis posing of the notes manufactured in the room orco. pied by Fry. fie spoke as to the plan of going to Bridgewater fair, in order to pass as many as possi ble, to which he admitted that he was a party, and which was undertaken against Fry's advice, he thinking it dangerous to make the experiment so near. The Prisoner Fry, contented himself with denying the fact alleged; and Nuttycombe merely tailed two witnesses to his character, one of whom, a hosier in London, stated that he had known him to bear an excellent character four years ago, but had heard no thing of him riuce. The second, a shoemaker at Bristol, spoke to his irreproachable conduct when in his employment bat a few months past. Mr. Justice PARK summed up the evidence, and the Jury in a few minutes found a verdict of—Guilty against the Prisoners. Sentence of Death was then pronounced in the usual form, and was heard by both Prisoners with apparent composoreand resignation.—They were left for execution. CARLISLE ASSIZES, Ava.lo. CIVIL SIDE. Mr. Justice BATLEY, on coming into Court at nine o'clock said, Mr. Koine, I have certified the expences against you in that case that was decided on Suter. day, ' 6 the King against the Inhabitants of Dia tington." _ _ Mr. RAII4E.—Your Lordship knows that the ac tion was brought by the-Defendants. Mr. Justice BAYLEY:I em aware of that, but if It had been preciously enquirod int., so action bad been brought where there was no ground to stood upon. Mr. ItAtun.—l thought the case for the prosecution "strong one. I don't say that it was oot strongly an. swered. Mr. Justice 13ATt.ty.--But it you had enquired into all the facts you could not hare found the pro• secution warranted. I do it on the principle that the inhabitants are entitled to protctioo against such actions. A poor old man who had been celled as a witness on Saturday, in the above case, and had been so cla morous far his expences, and otherwise so riotous that the Court committed him, was now brought up, and pleaded in excuse that they had made blur tipsy. lie was reprimanded and discharged. CROWN SIDE. Elizabeth Mitchell, aged 37, was charged with ut tering a forged Liank of England note to Jane Elliott, shopkeeper, in Whitehaven, knowing it to be forged. Mr. /Nine conducted the prosecution in this and the two succeeding cases; Mr. Coortettay was with him. The Prisoners had no Counsel. Jane Elliott and Benjamin Smith preyed the re. ceipt of the note from the Prisoner, and its identity when now exhibited. The Prisoner bad bought a pint of rem and two minors of tea, and received 17‘. 3d. in change as balance. I Jane Mitchell (no relation of the Prisoner',) stated, . • • that.ike.Pri;n,per,.* lin, ga Wig - Todd: obtained the isa of a hottli troth lA. 't‘ I.e.oldnn hie, return the madil her present. of .two. owes of le a , Mary,_./Idylin hid els/gene oat; and on her win, a greiii noise *is heard , among the ;may. Who., went in kern the Cause. "All f diem were Mary Reyna for attnink into that ho6e, since th e Police officers were in pursoit of heri, and said, sh e should rather'havo gone"ii mile out 2f.the Wily, Th . Prisoner said to I'6'4 " Why did ydTnot swollen th e note?" . Heywood, clerk to the Magistratk, end sap er i n. tentlent of the Police, lied follodied 'Mary fi e oi n throigh several streets in Whi , Alksesi, and 'sho t , wards with Kissock traced her to Jane Mitchell'o,, 'IN Jackson Todd's privy, in Workington, bel l ", the wall and the o w la t t l e l , a l b le ie fo to tin s d ay fo ir it h l h l i . :rn n ens o pre t tee e d s st o oo i ntt i eiseorfr, Bank of England, which were now pr oduced. Kissick siiPplitql his part of the tividetice. John Lees (*ho has accompanied the tom all the way from York ) professed himself an Bank notes, and forged or not. The note otteted by and the othei 40 notes were all forged. Thi s s pp." . ed from the paper, the plate, the water-mark, and tignstare. The Jory, after consulting for • fe* min u t es i n the box, retired, anti three pastier. of an hour after. wards returned with a verifier of Guilty. -=t i le souer, on hearing thiS verdict, screamed and Vi s o id theOnost violent manner, mod continued to da en till she was remdved out of Court. - She is a married woman, very tall, and rather good looking. Mary Ileylin, aged 28, was charged with uttering a forged note, knowing it to be forged, to•J eue Buie, wife of Wm. Warren, in payment of a pair of shoes, at Workington. This young woman's appear. ince 'was extremely distressing, She is good looking, , she is far gone in the family way, and she cried slot sobbed sod moaned the whole time of her trial. The identity and the forgery were proved as in the preceding case. Her own confession before the Magistrates of Whitehaveu, was the only •evidenee of her guilty knowledge. This confession detailed the whole hit. tory of the proceeding of the party.. Betty Mitchell (the former Primmer) and M‘Dermid, came with a large cargo of forged notes from Liverpool to Jack son Todd's house in Workington. Thence' Sarah Todd, Jackson 'Todd's wife, the Prisoner, end the two impostors, sallied in all directions to utter them. The' poise cost was 10s. They robbed them with chalk, and handled them with sooty angers, in order to give them the appearauco of mach previous sires. lition. The Prisoner now insisted that she had been in. ducedttoth by threats and promises to make the coo. fession. This Heywood positively denied. The Prisoner, turning in a vehement manner to wards the Jury, exclaimed, " 0 ! have mercy upon me. Gentlemen, I hope yen will have mercy upon me." Mr. BARON WOOD, in seaming up, eonelededk with observing, the Prisoner, in her defies, ' Ms only that she hopes you will have mercy upon her e which. I suppose, means that yes should mom. mend her to merry if yin 84 her guilty. 'f he Jery instantly Nomad a verdict of Gaiks t and recommended her to mercy. She screamed, and was barrio!' from timber, when she was ordered to remain. U. On William Myths, aged 28, bee Wised, was they placed by her side, and bola were (horsed ebb ha►ing four forged notes in their possession, knowing them to be forged. The notes were found by the constable in her pocket ender the bolster in bed, where they were both sleeping. He was found Guilty, she was acquitted of this charge as haying acted under his .controel. He is a very hendsr!ine youth. He declined to say any thing for himself. During the greater part of the trial, she reclined her forehead on his shoulder, hea►ing the most agonising 'ob.. He was quite composed, bat the hectic in his cheek indicated a mind ill at ease. He occasionally whispered to her, as if recommending greater self. command. Mary Davin, aged 1L was convicted of stealiogs gown, a shawl, and a peiiikee. James Rumage, aged 38, whiv had fought as a British soldier for It years, and now carried the visible marks of honourable wounds, was convicted of stealing nine yards of printed calico. Aeiiiist the several other Prisoners in the Wender no hills had been found, and therefore the trials in the Crown Court were tilos ended. Both Courts adjourned at Gee till nineto.ussorrow. M. Cotter, who - left the Circoit at Derkaas.joill• rd hers again, sod was this day Noy in the Crown (dart. PO LICE. Bekhambers, the besbeeslef the female singer of that name, at Youthsll, was held to bail for sending a threatening letter to nee Cori, who it appears is the lady's music -master, and who had affronted the lady. Mr. BIRNIE *as at ftrst iodised to dismiss the complaint; bat Cori tweeting he was in bodily fear, Mr. Berchambers was ordered to lied bail. QUEMBQUARZ—On Satordey John aid Janes !Anwar and Richard lischer, three drover*, were severally convicted in the mitigated penalty of Is., for driving cattlo on the foot-pavement, is the parish of St. Lake's, Chelsea. A baker, living is the parish of St. Luke's, Chelsoa,waselso convicted is the mitigated penalty of 3s. per ounce, for short weight in three quartern end two half.quartera loaves, areoanting is the whole to two (Sinus. DIED. - --- On Saturday last, after a law gad tedious Maar, Cleorwe Urea's, Meody, yoga's's sag al the Reverend We. Moody, at Bethamptisa-hosese, is the county of Wilit. Oa the 14th inst., at Saathainptois, In the 9Setyear of her We. the Dowager Lady Biddelph, relict of the late Sir Theophilas Biddalph, Bart. of Mary, Warwickshire. On she 13t1 instead, of his hone at flarlesdna, in theconoty of Middeses, Robert TIM, Esq. in the 54d year of his age. A f,vr days ago, at the Taw. of Leeds, in Kent, Mr. James Barham. lied Rd years, gardener to the late Lord Fairfax & an eminent ehange-riager Ind peal conductor. The deceased stood at one time 14 Man and 41 minutes at the bell. Lt• NDOPI Priming INC riddisbed by D. Lays , 00 the STATtINAR OrtiCap Is. 4,i tli sberrsion, Feet-myt. f , , ) fl • 41 •,y .: t $v • 0! C4l ~A i# • 1 • 1 ' 4 'I - --... - 41& ..........•• parcel of whigpusder.,--Apci. ik OW peer oreof unctuous bid: The was also ...oat; and an'iron pit; wit me char . in it, and a gridiron pla peer it.— slrawn from one end of a beant,to the 'on the Hour lay a broad spreading - .. . • . .. .• . - .' - • . . • . .- . . • W 4 rgli ESL M. 1 • 111 kill 1 %Uri He;. . • d, had coTn.hee po s h o t n iah .1 fle,tl a too . . In fel& some ruin lilt. O n her - I ~-