The British Press; or, Morning Literary Advertiser. — London, England, 1825-05-20 00:00:00

IMIIIMI r 4 one ever heard of such a course being taken by any professional 'Eon as that of informing the person against whom he was em aloycd to issue a warrant, on which lie was liable to be arrested criminally, that such were his irstructions .Mr. Taylor returned o answer to the second letter, and the ildictinents were &3011 after preferred. A circumstance wl.ich would show that thee proceedings had been concerted by the defendant, was afforded by an indorsement on the indictment of &inl a y, white it sould be seen the name of nmitli lied been writteu, but was subsequently struck out. This showed, indeed, that Smith • was not examined bef o re the Grand Jury, but it war equally plain front it, that he was connected with theprooteding. When these indictments were preferred, • communteation was trade to Mr. Taylor from Hollingborry, through the medium of a person named Swayne, desiring tin interview, but this Mr. Taylor declined; and it was then proposed that Taylor should give 3,000/. so compromise the business. Mr Taylor's solicitor (Mr. Tatham) finding that this was a negotiation of a criminal nature, lie, whether with a view to prosecute the parties, or for any other purpose it was not material to consider, thought it advisable his deck should attend Hollingberry as a friend of Mr. Taylor. Thate l partier met, aid it was arranged that upon Taylor's paying 3,0,00/ Hollings Ituy's clients, as lie called them, Howley and Smith should exc. rate general releases of all actions and proceeding.. and that they should allow the indictments to proceed, but that on the trial no evidence should, be produced, so that Taylor might obtain his aemit tad. In order to show that the terms thus offered by Honing. berry were known to and sanctioned by the other defendants, he (Mr. Scarlet;) had two letters, addressed by Hollingberry to Cap. fain Swayne, the one dated the tnh of December, 11333, and the other the Ilth, in which he stated that he had prevailed on his client, to agree tothe terms proposed, but that they would not accept a I ss sum than 3.000/., because they were well aware that if they prove:tint to obtain a conviction they should be entitled to one third of Übe penalty from the treasury, which would exceed the sum cffierran to be taken. The interview between Mr. Tatham's deck aid Mr. Hollinghorry took place on the 12th of February, 18:,1, and another on the following day, when the latter produced two release", purpoeting to be signed by Bowles and Smith , Hob hlngberry was very importunate to receive the money, but as it was proposed to put him off to another day, he began to suspect his scheme was discovered, and he then went to Mr. Taylor's house and insisted either on having the money or his papers, but this was refused him, and his conduct becoming very obstreperous, 14 was eventually turned out of the House. All that could be done, then, was co pursue the indictments; for this he (Mr. Searlett) did not blame him ; he had a right to do so; the consequence was, that Mr. Taylor having pleaded his formal acquittal, and not rely ing on his merits, was brought to this Coutt to receive its judg ment. The Learned Counsel then mentioned the nature of the evi dence lie should produce to prove the facts, to show that throughout Ho lingberry had acted, not as an attorney, but as a party in the iniquitous designs of Rowley and Smith, and that he was to share in their dishonest gains. This was a conspiracy on their parts to extort money for their own ptivate emolument, and if he should prose their guilt it was a species of crime which could not be too severely visited by thensws of the country. He knew of no crime 113, was so monstrously wicked as that of ptrsor.s instituting criminal proceedings with no regard to public utility or public jus. tine. but with the infamous view of making use of the crises of other individuals for their own private emolument. In times by past there was an instance of persons haring been convicted of this species of crime, and capitally punished. The instal ce occurred in the time of Henry VIII., when a man named Dudley and anoints' suffered death for their avarice and wicked rapacity. If he should prove the guilt of the present defendants, they would most justly deserve the severest punishment that the law coal I innia. Ile, therefore called on the Jury to evince their detestation of the crime by the verdict they should this day give. Win. Samuel Jones produced the indictment preferred by BOW, ley against the prosecutor at the Quarter Sessions, nt Clerkeowell, on the Bth April, 4th George IV. rid which was rsmoved into the Court of King's Bench, in Easter Term, 1823 ; he also produced the indictment preferred by Smith against the same person on the lUth May 1823: Charles Molloy Westmscott examined by Mr. Ilaonnatox: I was formerly the Proprietor and Editor of a publication called the Casette of Fashion, which I disposed of in the early part of 1823 about that time 31r. Hollingbcrry introduced himself to me, and in. vited me to dine with him at his chambers in Fumivars-Inn ; 31r. Bartley was present at this interview; I had seen him frequently before that tinte. and always considered hint to be a respectable Mao, pursuing the business of his father, an auctioneer; Paisley informed ma that he heel preferred an indictment against ore of the gaming-houses in St. James's-street, and that he either had settled it or was about to do io, hut 1 canr.ot charge my memory sith the precise words. . I The witness here appealed to his Lordship to know whether he was bound to disclose a conversation which passed at a orirate party. His Lordship said he was. Howley, lioningberry, and Smith, were at the dinner,naral, while I was there, I discovered that the reason of my-being invited was to obtain from me some information respecting the houses of 'faylor and Fielder, it beirg known that I had written a good de:l on the subject, and that Fielder had applied to this Court, but without success, for a criminal information agair.st me for a libel. flolling berry stated that his intention was to prosecute Taylor for keeping a gaining-house. One of the party (but I do not remember which) numbed which was the best mode to obtain an entrance into Taylor and Fielder's boosts. I gave them information relative to Fielder's, but not ever having been to Taylor's, I could only tell them that I 'understood there was great difficulty in gaining admission, it being It • yto obtain an introduction. Smith said he had experienced that difficulty. Howley and Smith professed it to be their intention to proceed against both, and that Hollingberry was to roam them, The latter observing that " they were rich, and could bleed well." They said they knew an Irishman who had been into one of the houses, but upon whose services they could not depend. -Crose-examined by Mr. Coxwow SEIWEANT.—I war formerly Editor of the Gazette of Fashitm, which was a weekly publication. Is do not believe it is published now ; certainly I am not the cell or of ir. I have got my living for the last two years by the publica tioowf various wanks . One of those works is the catalogue which is selling outside hornets t House. Mr. COMXOX SERGEANT—It if • sham catalogue, is it not? Witness—l should not say so, and I think you are wrong in Sitying so. It has been before this Court before, has it not ? Witness—Not the present one. - It is profitable to you, is it not, beyond the mere Lewitt profits of the publication ? Witness—l never received a bribe, either directly er indirectly, In my life; and 1 repel the remark with indignation. (A laugh.) Do you know a person of the name of Yates' Witness—No. Do you know a young artist related to an attorney in tl:c Temple? Witness—Not to the beet of my knowledge. Was there never an application made to you on the part of an attorney in the Temple to keep his son's name out of poor cats torte? Wltnies—Certainly not. I have been asked to notice pictures, bat I never have received any money for doing so. You mean, then, to swear that you never received TrAney from Ray person either for keeping out of or introducing their names into your catelogue ? Witness—l certainly do. Did you ever receive any money from Mr. Taylor ?—I bare tad transactions with him. Did you ever receive any money from him ? Witness—Never by way of gift, either directly or ithreclly. Have you not received money to keep his name out of the Gazette of Fealsion 9 Witness—Certainly not. On the contrary, his name sass ex posed in it. Did you not threaten Rowley that his name should appear in the Gazette of Fashion jibe tin-weeded against Taylor ? Witness—Certainly not. I receJect going to Fielder's, and I stated that I had been there ; but I do not know that I ever said I had gone there with pistols. I beg to explain. Illy life had been threatened, and was in danger in consequence of the exposures which I had made regarding the gaming -houses, and I certainly did for some time carry pistols about me. I never said I had re. ceived money from Fielder to keep his name out of the Gazette upPozbion. i hail not seen Taylor for 18 months previous to his being brought up for judgment ; but on that occasion I was at the Cheshire Cheese, in Drury-lane, when the subject was spoken of, and knowing as I did, something of the case, I expressed my opi nion of the severity of the judgment that was passed upon him by this Court, and it wan in consequence of that that I am sobparned here to-day. Many respectable persons were present, but neither Mr. Taylor nor his attorneys were among them. I took a note of the conversation that passed at Mr. Holliagberry's Chambers, in my memorandum book but but my books soots after underwent a re volution. anti I dare say that book went with the re..t. I never went to Taylor's in my life to Flee ; the exposures which I nude were founded upon the best information I could collect. Pray who were the persons who gore you the information upon which you wrote? Witntrss—l do not conceive that I am bound to answer that question. The -boen Cnirr Jos-ruck did not consider the point at all relevant to the que,tion before the Court. Witness.-1 think it was Hollingberry who said " these people -were rich, and could bleed well." I have reason to believe that Taylor will rich, but not by any any transactions which I have ever had with him. I am sure I sob not the person who used that ex preasiea. - I lived in Jermyn.etreet about the time I went to the dinner party. I remember sending to Rowley to come to me. I bad - heard from his father that he had had some connection with the gamieg houses, and I was desirous to obtain inforhation from him ; I therefore reuested his father to tell him that I should be harpy to see him. )ie accordingly came, and told me that be bad pros:el:AM a person, and had settled it by a compromise. 1 ad vised him not to proceed against Taylor as he had done ageinst other houses. as it was a dangerous thing, and the couzequenecs Right be serious. Did you mu advise him not to meted against your friend vier ?—I have no hesitation in say in I did, et the dinner. vier by Mr. Jessoe, on behalf of the defendant 'h.—Thedinecr was in Mardi 1823 I either verbally or hy eporieed Taylor on the following da y of- what passed at the Upon recollecion I beg to correct myself—l b e lieve wrote a note saying that en indictment was about to be against him, but I did not say by whoa. were you so reluctant in stating the conversation now after constnunirsod it at the Cheshire Cheese four months ago ? e a person, when in conversation with friends at a dinner nut so tenacious of what he says as he is in a Court of Justice his words may operate to the prejudice of those persons names; he is obliged to mention ; and I think this is DO idea that gendemanly feeling *Diet; ought to regulate every man's conduct in society. I wee never in any gaming-house when there was any play goingon ; I sea once in shown in Park- , lave which belonged to Fielder; I obtained admission by a strata gem u hick I t insight WM quite fair to use against Fielder, berausel wanted :.formation ii) order to prosecute hint. he having applied to the Coon of King's Bench for a criminal information against me for a libel in the Gtr-Tetie 111 Par/Jinn. ite•exaniiind by Mr. SCARI.I.TT—When Bowler came to me in eonecquence of toy message by his father, when he had informed me that he bad indicted some gaming houses bemuse they had re ' fused to lend Lim money, and that he bad afterwards received money f one them by way of compromise, I advised him not to proceed in that course, knowing that it was a dangerous one. For the last 18 months before be was sentenced, 1 had not seen 31r. Taylor, but before that time I know lie had some dealings in pictures. ET 1 had myself souse transactions with loin in that wag. Mr. Brookes. an attorney of Lincoln's Inn, proved the Land. writing of Ilnlii rgberry, who had served his time with him, and to whose general good character and respectable connections he bore testimony. Two letters from Hollingberry to Mr. Taylor, apprising him that two indictments were about to be preferred against him, and requesting to be informed of the name of his protessional adviser, were then rut in and read. Peter Perry, the conductor of the Bow-street Patml, proved that two warrants of the Lord Chief Justice were placed in his bandit, to tyke Mr. Taylor. lie knew the defendants, who mine to him for the writs, its they thought they could take Taylor early in the moreang as he was goi n g to Ascot Races. He was present at Jterice Bayley's chambers when bail was put in ; aced all the de fendant's were present. Crum-examined-11e never knew that Ta;lor kept a gaming home ; he had heard of it, but he never went either to 511, Pall mail, or to Fishmonger's Hall, in St. Jamet's-street, nor to the Watches, in Piccadilly. Mr. Hollingsberry put the warrants into his hands. ' The warrants were then put in and read. John Banks, police-officer, on the queen-square establishment, proved that be had a warrant given to him by Hollingberry against Taylor and the defendants. Told him they had another warrant against him. Smith and Rowley accompanied witness to Taylor's house, but they could not sec him, and witness left word that he held a warrant against him. Witness was present when Taylor put in ball at Judges' Chambers, and all three defendants were pre sent. Charles Swayne was called, but not answering. Mr. ScattLETT eequeered that he blight be called upon his subp.aa. whicit was accordingly done. Samuel Stanlsnd, clerk to Mr. Tatham, formerly attorney to 31r. Taylor, examined—He knew a person of the name of Swsyne, who made a communication to him respecting the two indictments against Taylor. The first was Made on the eve of Thursday, the 19th of February, 11324. Two letters front Mr. Hollingberry to Captain Swayne were then put in and read. The first was dated the nth of December, 1893, sod was to the following purport : " Dear Sir—Having informed you the terms on which to settle the two actions against Mr. Taylor, 1 hereby authorise you to arrange the same with that person, and I undertake that toy clients shall confirm it. I am, lee." The other letter was dated 13th December, 1823, and was to the following effect : " Dear Sir—ln reply to your letter respecting the pleas that have been put in, I beg to say, that there is sufficient time to arrange that part of the business. I have now seen my clients, and had some difficulty in getting them to accede to the terms I mentioned to you, lent they say they must have the money immediately, as the, well know that on application to the Treasury they would re ceive one third of the nun in which the defendant would be lined, and therefore i would be useless for them to agree for a leis sum titan one third of what that fine would he." Witness did not know of any actions against Taylor by these defendants. Were any terms mentioned by Swayne to you for the settlement of those indictments ? Mr. Commox Sractaxo objected to the question. He con. tended that whatever Swayne said to the witness it could not affect the defendants. It was quite uncertain whether those terms were what Hollingberry &Petted to or had authorised. Mr. SCAR L ETT said he sltould be able to prove that the terms mentioned by Swayne to the witness had been sanctioned by 1101- lingberty. ` 31r. COMMON SERGEANT begged his Lordship to take a note of his objection. Did Swayne State to you any terms which he was authorised to propose for the settlement of those indletnients ?—A. No, he in troduced ate to liollingberry. Witness then proceeded to state that this introduction took place at Hammitt's'. chop-house in May's-buildings, St. Mertin'slatse, on the 12th February 1024; Swayne knew he was Mr. Tatham's clerk, but he ws4 introcluced to Hollingberry as the private friend of Taylor. Hollingberry said his clients were willing to give tip the indictments if Taylor would pay them 3,0001.; that he had that rimming received a letter from them regretting that he had given 1 in that sum, because a ciressnistance had since come to their kpow ledge which would have induced them to require a .auch larger sum. He further said, that an acquittal at the Court of King's Bench would be much better than at the Quarter Sessions, and that Taylor might rely on his not pr/cording further, for he had settled such matters i^ the same way with other persons whose names Ise mentioned, and they always found his conduct to be cog. rect. The way in which he proposed to dispose of the indictments, he said, would b: to let them be regularly brought into Court, but no witnesses would be brought forward, and ellen Mr. Taylor would obtain his acquittal for want of evidence. To secure this be proposed that his clients should give separate releases, which to would get executed the next day, and that he would also give his undertaking to bold the money, which was to be paid into his hands by way of deposit, until the acquittal had been obtained as proposed. Ile wished the witness to communicate these terms to Taylor, which he did, and on witness's return Hollingberry gave him a draft of the undertaking he proposed to sign. Witness seemed to entertain the pnieosition, and an appointment was made for the following day. When witness went according to appoint ment, Hollingberry showed him two releases, which appeared to be duly stamped and executed by Bosley and Smith. The undertaking of Hollingberry was then put in and read. Hollingberry gave witness a draft of a release, and desired him to take it to Mr. Taylor and to procure the money. Witness was re quested MT Holliegberry to make haste, as his time was precious, and that if the matter was not settled that day, his clients would re spire 5,001/. the next. Witness took the papers to Mr. Taylor's. After some time, Swayne fume to rile. Taylor's, and said that Ho'. lingherry was very impatient at witness's not returning; and soon atterwaseie, on the same day, Hollingber r y himself came and said he was tr.fied with, that his time was Precious, and that if the matter was not settled that day he should proceed to trial. Hollingberry expressed a desire to see Mr. Taylor, but Mr. T. would not see hint. Hollingberry gave witness Bewley's release to show to Taylor, that he might see ell was right ; the other release he kept. Taylor wished to see it, which witness told Hollingberry, who said they were both right, end that he would let Taylor have it on his re tuning the other, or sending hint down the 3,0001. Witless told him 'Jr. Taylor would not ply hint any money, and would keep the peens to lay before the Attorney-General, and prosecute them for LI conspiracy. Ile said lie would not go away without his Papers ; Mrs 'Taylor then sent for.* uneatable, and he was imme diately turned nut of the house. Witness bad seen Smith write orco, and lie believed the release now produced to be signed by hint. Cross-examined by Mr. COMSION-SERGEANT—Mr. Tatham is not any relation of Mr. Taylor's. Witness was never in'a gam ing. house In his life. The LORD Crime JusTicx.—You will act right, young man, never to go to any. Wienesea—Sivarne was a friend of Mr. Taylor's. Mr. T. desired witness to meet Swayne ; he did not authorise witness to negotiate with the defendants. 'I aylor said he knew nothing of these men, and he believed their object was to extort money from him, and he therefpre wished witness to cooperate with Captain Swsyne to ob tain a knowledge of their motives, in order that he might prosecute them.. Taylor told witness to obtain the releases, under the pre tence that he should lark at them. Swayne and witness went be fore the eirand Jury on the pees. at indictment. Swayne was in Count on Tuesday ; he had not been subrened to attend to-day. Witness believed Swayne lived at 25, Duke-street, Grosvenor. square, which was a private house, and not a gaming house, kept by Taylor. . Re-examined,—Taylor said that Swayne had first proposed to take 2.0001, The signature of Howley to the release was then proved, which was title wards put in and read. Thomas Parker, of Lambeth, linen-draper—Remembered Smith iving at Lambeth ; had sold some goods to him ; had seen Smith in King's Bench, who promised to pay hint his money, and said he expected to receive one-third of the money which Mr. Taylor was " curl" for, which was 5,000 1 * 1 Mr. Ilaesore (Attorney) produced the °free copy of Rowley's selialule, who had been discharged under the Insolvent Debtors' Act, by which it appeared that Howley was indebted to Hollins. berry in a sum of 230/. foe payments and acceptances, bat not for any bill of costs for prosecuting the indictment against Taylor. Croes-examined—Witness gather conducted the present praline ' tion as attorney foe Mr. Taylor. Mr. COUNON-SERGEANT sow addressed the Jury on behalf of the defendant Rowley. It became his duty to address the Jury on behalf of his client, and be conceived that, on the evidence be fore VICIT, it was impossible they could convict him of conspiracy. With regard to the best count he thought he might not stir one step to convince diem that he uses entitled to their acquittaL That count imputed to the defendant the crime of having conspired Brother 'he proeccutor, to eaten, obtain, and procure a large sum' f - -money front him to appropriate to their own use, and then of hav ing faheely Indicted him for that purpose. The Loan Ciller JlGsTtcy avid these were not the words of the indictment. His Lordship then read the words as set out in the indictment. 31r. Comatose SEM:eV:ANT—But atIU it was equally essential that lie should ask the verdict* of the Jury on the overt art which was alleged, namely—of the defendant's havieg extorted money falsely to prefer an indictment against Taylor, who, if he wire not guilty of the crime tor which his client had prosecuted him, might have appeared in Court to-civy to have given evidence in this muse. 'But no ; the falsehood or the indictment preferred by the defendant Bosley, was completely negatived by the tact. that Taylor had appealed, not as witness, but to receive the judgment of the Court. and to be sentenced to one yee's imprisonment, and to pay a tine of five thooeand pounds for that very charge for which the de. fcndant was now arraigned before then, as having falsely made against hint. On the part of every lover of morality and foe to vice—on die part of every parent aad guardian who regarded the peace of families and the happiness of indivi cluale—he would say, that whatever these Individuals esight THE BRITISH PRESS. have subjected themselves to by any conduct they migh have subseeucutly pursued, they had, in the instituting those procealings against the man, the gambler—Taylor, done a great benefit to society. Who was this prosecutor ? He came before them convicted of keeping • oontmorlganting-house--a nursery of every vice—a ban: to society—a common miteance, which it be hoved every good subject to oppose, and if puasible to suppress. Mr. Taylor stood before them as a man whotit justice could not allow to ea...cape; whose guilt was of that dye which merited and received the severe but just visitation of one year's imprison. meoraend a tine of 5,0001. Enormous as the fine was, it was bat yin moderate to him, when it was remembered how many thousands he had plundered his victims of, whose follies and indiscretions were the materials by which he sought to work their ruin to his own aggrandisement. It was not wonderful then that a person of such a description should try to effect the ruin of those individuals who should endeavour to prevent him from working the ruin of others, and of pursuing Ins crimes to the destruc tion of the peace and happiness of whole families. lie con. sidered those endeavours to be moat laudable, but it seemed that the parties for sixth endeavours were to be made the victims of this man. In his judgment pawns might be well employed in exposing the enormities of these gaming-houses, and of bonging their keepers to justice. But should the present indictment suc ceed, who would ever again make the attempt ? This was an effort on the part of these panders to the vices of men to deter others from enforcing the laws of the country against them. It held cut a language of intimidation. It said. beware you do not attempt to carry the law into effect; take care how you touch high. aid splendid, and rich houses of gaming'; for if you eo, a charge of conspiracy will be trumped up, and you sill be retaliated upon with tenfold vengeance. But the present charge was of a very peculiar description : it was that ales Hollingberry had conspired with two of his clients to indict these men for the pile. pose of extorting money. Now the fact was, that Smith preferred his own indictment and Bosley his, but both had employed the same attorney; but because they did so it was argued that they were all three concerned in attempting to extort money from the prosecutor ; and this was attempted to be supported by tha most disgraceful evidence that be had ever heard exhibited before a Grand Jury. But if this charge should succ e e d. onl y see what a state of society we "tete in, when the law could not be resorted to without being liable to be brought into a Court of Justice, although the prosecution was for the benefit of the public, and to bring those great public criminals to that punishment which the magnitude of their guilt deserved. ta hen the penal statutes were enacted they were intended to be carried into effect, not to remain a dead letter in the statue bock. But those laws were only to be enforced by in formers; to designate therefore the conduct or informers as infamous warts libel on the law. It was not to be aenied that these defend ants did a great public service by preferring the indictment against Taylor ; but it appeared that Mr. Hollingberry had offered not to proceed to trial upon his receiving a sum of money front that in. dividual. Supporting this to be so, how did it affect Howley ? And yet in what way could lie prove that Bosley was not concerned in it, since all the persons who were in any way. connected with the transactions were included in the present indictment ? It was not an uncommon notion that three persons were neeessary to make out a charge of conspiracy. and it might have been thought proper to connect the names of Smith and Marley with Mr. Hollingberry. But the fact of 3lr. llopirjeberry having been concerned in making up the indictment with Taylor, by no means brought home the offence to the other defendants, of haring united to extort money in the first ins . ance, by preferring that indictment. But what wits there to show that Stni.h and Bewley knew that Hot. lingberry was making terms with 'Taylors What Mr. Honing berry said of his clients was no cvidente against them ; there must be something at the time to show that they were co-operating with him to extort money. He would state boldly, that supposing they were to believe the whole that had been stated by the wieriessee, yet Mr. Hollingberry could not fix his clients by his assertions. it was not by hearsay, but by the testimony of incredible witnesses, that such a charge could be sustained. Tlie releases did not even allude :o any indictments; they spoke only of actions which were to be compromised. Then what evidence had we of any gonspiracy ? None but that of Mr. Westmacott, a man who in appearance seemed to possess some talent, but who in every other respect was one much to be commiserated, because by long habit he appeared not to be aware of the ver y degrading nature of the transactions in which he was engnaed. T he ',earned Counsel then proceeded to comment with very great severity upon the conduct and character of this individual, and observed, that the idea of an anonymous slanderer, string in his garret, and looking out for food to sate hie appetite for calumny, was a picture that must excite indignation and contempt in the breast of every honourable man. Then for such a ene to spurn at the charge of taking a bribe, and to remon strate with Howley for proceeding against Taylor, at the' very time lie was aiding them with his counsel at the dinner table, presented a creature of the basest hypocrisy. If it was true that lie did attend such a party, then his conduct was most infamous; if it was false, then the whole case fell to the ground ? Why was rot Mr. Taylor produced as a witness? His Learned Friend Mr. Scarlett had said he did not wish to put hint forward as a witness; no, he was too base a wretch fora wit ness, though he was s very good prosecutor, but if he had been produced, many very curious lacts would have been elicited in his cross-examination. Mr. Westmacott then stood alone, uncontirm cal by any individual whaisoever.to prove the conspiracy of the three defendants. The transactions were distinct, and if O.: parties tic reeved to be prosecuted at all, they ought to have been prosecuted separately. The Learned Gentleman then cotnniented on the miter pans of the evidence, and warned the Jury from giving a gond anti easy faith to those charges of conspiracy ettainat the par ties whose conduct might. hrve been perfectly consistent with in nocence, even Vail the facts alleged were taken to be true. He had no respect for keepers of gaming -houses, nor for informers, not for, compounders, but the question was here whether the evidence would satisfy their minds in consigning these defendafits to irretrievable ruin. It was not fur their crimes that they were punished. but tor their public services had the prosecutor sought their degradation. It would not be unreasonable to remind the Jury that there had been eases of conspiracy where the verdict had convicted parties who were afterwards proved to be innocent : it therefore behoved them to deliberate well before they convicted the defendants. With these observations he should leave the case in their hands—feeling satisfied there was nothing which could bring home the charge of conspiracy to his client. Mr. Jessor addressed the Joey on behalf of the defendant Smith, and Mr. CHITTT On behalf of the defendant Hollingberry. The LORD CHIEF JUSTICE summed up the evidence, re marking that unless the Jury should believe that two of the de fendants, at least, were guilty of extorting money from the prose. norm-, they must acquit them all three, as the law requires there should be at least two in the crime of conspiracy. His Lordship then went through the evidence, and left it to the Jury to say, whir. they the parties were guilty of a corspiracy, anti also whether the indictments preferred by Rowley and Smith were „ falsely" prefer red, that point having been raised by Mr. Chitty, although his Lordship stated that it was not a material allegation in the present indictment, and therefore rill not require to be proved. The Jury, after consulting about ten minutes, found all three of the defendants Grilly, and that the indictments were not falsely preferred- COURT OF CO3IMON PLEAS, TIII7I3DAY, 31.ty 19. THORPE V. OISBORRE. This was an action to recover a compensation for the keep, care, &c. of a brood mare and filly, front the 17th of May, 11121, to the 12th of July, 1024, at Newmarket. The defendant had paid 1221. into Court, but the plaintiff' demanded 1611/. Is. The mare had been purchased at the sale of Sir Charles Bunbury, and sent to be covered at Newmarket. Witnesses were called to prove the manner in which the mare and filly had been fed, and the rate of charge. It appeared that 10a. rid. was charged for hay and grass, and is. for corn, per week. for the hrat year, and one guinea to 245. was considered the usual charge tw both for the next two yetrs. One witness had gone to Epsom Races, and was called on his subpoena. 51r. Sergeant Vavc mot addressed the Jury for the defendant. Ile thought the plaintiff had paid enough into Court for the keep of the mare and tiny. Much stress had been laid on the quality of the grass at Newmarket, and the dearness of corn. lle did not like witnesses from Newmarket—he wished fir fair play, but no jockeyship. Of course the Races at Epsom were far more im portant to the witness who went there, than attending In a Court of Justice. Verdict for the defendant. I I'nlin - -•• croca.el f..4nith. --I rule, army meeting. 1 merely { prefevy%l 1 Why s taring co Btcause i , t.s4le, is tv wan hie We. OMB 1111 ' GO. sr the i 1 OLD BAILEY SESSIONS, THURSDAY, MAY 19. This morning these Sessions commenced at the Old Bailey, be• fore the Lord Mayor, the Recorder, Mr. Sergeant Arabin, Deputy Recorder, the Sheriff's, Alderman C. C. Smith , B,c. Mr. Sergeant Arabin presided in the Old Court until the arrival of the Judges, kir. liaron Bullock and Mr. Justice Dueler. There were 23 capital offenders brought up to plead, among whom were IV. Brooks and three others, charged with stealing two geldings, value 1001. They pleaded not guilty. W,n. Benyon, charged on two indictments with horse-stealing, pleaded guilty. Mr. Sergeant A nom x remonstrated with him on the impro priety of hts plea, and visited him to retract it. For sometime the prisoner refused to listen to his advice; he ob served, " I ant guilty ; 1 have broken the laws of my country, and 1 wish to suffer for it !" Mr. Sergeant A n ANT x said he had good reason to entreat him to retract his plea, but it was not his province to say any more than he had dore. The crime of horse-stealing hail become so exceedingly prevalent, that if he persisted in his plea, he would be left for ex ecution at tile end of the Sessions. The prisoner then observed, that he committed his offence through want, therefore he would plead not guilty, which he did to both indictments. (Before Mr. Baran Ifut.Locx, and a Middlesex J u ry.) HORSE STEA LI NO. Fleayati. the prisoner hefore named, was charged with steal ing, at Edmonton, on the 9,1 i of ..ley, a gelding, the property of in. English. Mr. BARNARD stated the ease for the prosecution. In his address to the Jury he said hoptd that they would dismiss front their minds the plea which the prisoner bad put in, and not let it operate against him. The prosecutor stated, that on the 9th instant he lost a horse, which he recovered the next day, it having been traced to the prisoner. Samuel Fitch deposed, that he it a Bow-street patrol, and on the Nth of Msy he was on duty at the GreenJaties ; he saw the Prisoner leading a horse; witnes• said, where do you bring that f r om f—Fi3oner said, from Pottees-bar ; witness having some suspizion took hint into custody, and found nut the owner of the horse • he said his name was Satchell. that his master bou g ht the h orse lately for eighteen guineas, and that he was taking him to Putter's -bar llewsiauibdeuboisn inquiry master's naaie find twu no r such person. John sod ry coul d John Batts, another patrol, was on du t y at Southgate on the tesclieY, h e ed at 10th, in company with the last witness, whose testimony he con tinued in all its material points: he added, howeenr, that the pri soner once said it was his horse, but afterwards, without any in. ducctnent, he made a confession. By the COl:MT—Witness remonstrated with the prisoner for sending them (the patrols) to Potter's-bar, upon which he said, he took it from Mr. briglisli, of Edmonton ; it wee about a mile and a half from his house when witness apprehended him ; the bone was challenged by the prosecutor in the presence of the prisoner ; the latter made no observations. W. S. Smith, also a patrol, gave similar evidence. J. Foster, is a constatle at Tottenham, and was present when the prisoner was examined there before the Magistrate, when he signed the confession now put in as evedience. Alt. Clark, the Deputy Clerk of the Arraigns, read the deposi tions taken before the Magistrate, and the prisoner's confession. The prisoner made no defence, nor called any witnesses to speak to his previous character. Mr. Baron Iltri.i.ocK summed up the evidence, and the Jury, without hesitation, returned a verdict of Goifty—iketfo—Aged forty-one. Tice prisoner was not tried no the second indictment. BURGLARY. D. Morgan and J. Brown weve indicted for breaking into the house ut T. Mitchell, with intent tosteal. The prosecutor stated that lie lived at No. '26, Thomas-street. Grosvenor-square, on the 20th April last, on which evening he retired to rest about ten n'elerk. Witness occupied the shop and parlour of the house. Before he went to bed he secured the door with a lock and chain. About an hour after he went to bed he hesrd a noise, which caused hint to get up, when he found the prisoner Morgan in his shop. and Brown in the passage. Willie a instantly shut the outer door, and secured the prisoners in the house until he obtained the assistance ors watchman, who, on his arrival, searched the house. While witness was calling the watch they ran up stairs, and hid themselves in the " cock-loft." 'When he first saw Morgan, he was taking goods in the shop, and handing them nut to Brown. Implements of housebreaking were found in the passage. ht t erh )n ean e is, o .arg l o t fua he thi l ne od iedi gers adverat i h s Cross-examined—There are several lodgers in the house, who have egress turd i ngres snwn r wit. :l l 7 nid i t s hil re it t pa. ula tire w s t eh h .eta named r he pe prisoner .. i,c Spearman, o r g an ti u . t went out after he (witness) went to bed on the night in question. The witness said his name is Thomas Reynold Mitchell; but he never 'well the intermediate name iteynold, but he could not tell how long he had omitted to use it. By Mr. Justice Gessi.Ez—Wirt married about nine months ago by the name of Thomas Mitchell. ilia letters sue directed to him thus. Witness used to sign " Thomas Reynold Mitchell," but does not now. _ . Mr. C. PHILLIPS--Come. Sir, no hesitation; tell me how long it is since you signed "Thomas Reynold Mitchell," or " Thomas R. Mitchell ?" Witness—l do not know. liii:..rusticeaasii7nEreprintanded the witness VT fencing with the questions put by the Learned Counsel, and hinted that if he continued to do so, be would be sent to a plate he would not like. ----- The witness attributed his hesitation to being confused. By a Juryman—The passage was sufficiently light for him to discern the countenances of the prisoners, when he first discovered them, and was quite sure that the prisoners were the same. They could not get out of the house after tc had closed the front door. Michael Riley is a watchman. About midnight the last witness called hint to his house, upon which he and another watchman commenced a search, and they found the two prisoners concealed in a cock-loft at the top of the house, which is four stories high. Witness had seen them a short time before, in company with two others, near the house of the prosecutor. Witness asked the pri soners where the other two were that he had lately seen them with. They replied, they were up there, meaning the loft. Witness knows the parents of the prisoners. By Mr. PHILLIrs.—Is not aware whether Morgan is intimate with Spearman, who lodges with the prosecutor. John Stuart, another watchman. corroborated the last witness as to the capture of the prisonzrs ; he had not seen them on tbs pre vious day. The prisoners made no defence. Mr. Justice Baser EE summed up the evidence. The Jury, without hesitation, returned a verdict of Grilly— Death, against both the prisoners. Mr. C. Pa r Laws applied to the Court to reserve a point on the ground of miodeseriptiov, but the Court refused the application. Thomas Rhodes, aged 17 and Edw. .21 - e.r, aged 21, were indicted for breaking into die house of Wm. Betts, and stealing ten silver spoons and other articles, the property of Betts. The prosecutor stated, that he is in the employ of John and Wil liam Betts, gold end silver refiners in hong-sere. Witness steers in their house, and did so on the 12th of last month, on which night lie saw the house locked tip before he went to bed, at eleven o'clock. About day-break he was called up by a knocking at his door. Hearing the watchman spring his rattle, which induced him to think it was only a disturbance in the street, lie looked out, and die watchman told him to come down and open the door . • witness ran down stairs, and found that one of the back doors had been per. heated with a centre bit, and one of the panelf. broken ; the bark of tne house is guarded by a wall surmounted with iron spikes; a rope ladder was found attacked to the premises. Ar.na Jones is servant to Messrs. Betts ; on the night previous to the robbery she cleaned the spoons and articles stolen, and put them in their usual place; witness 111 the night heard a noise, and a wise say " II ash, hush !" Liu no doubt that there were a: least two persons in the house. Thomas Les is, a wilt...anon, stated, that on the morning in question his attention was attracted to the house of the prosecutor, and lie saw three or four persons running towards him, one of whom ran down 3lercer-street; no other persona were in the street near him; witness apprehended one of the prisoners, and Cumniitts pursued and took the other; the prisoners and their companions ran very fast. Some time after witness examined the track - they had Liken. when fie found *jemmy (crow-bar) in Rose-street. Has no doubt that the prisoner Nex is the man who rushed out of the premises with the other three. Wm. Cummins, also • watchman, was alarmed by the spring ing of rattles—he pursued Nes, and took him into custody—he was nearly exhausted by running. A watchman belonging to St. Giles's produced ten silver spoons, which he picked up on the pavement near the prosecutor's house. They were sworn to by the female servant. The Jury returned a verdict of " Guilty of stealing in the dwell lag-house" against Nex, and acquitted Rhodes. TRIAL AND CONVICTION OF JOHN TURPINI. John Tnreitt alias Juhn Tuck was put to the bar, on an indict ment charging him with burglariously breaking and entering the dwelling-house of Martha Wisdern, of No. 5, Ryder-street, its the parish of St. James, Westminster, about the hour of 3 o'clock in the morning of the 3d of May last, with intent to rob and steal therein. The trial of this prisoner excited the deepest interest from the fact of his having already run a long course of crime, his having at. tempted to break out of the strong room at the police-office, his basing once narrowly escaped the most awful punishment, anti his wife, though in a very advanced state of pregnancy, having jumped out of a window at the moment the officers were breaking open the door, with the property they were in search of, which she contrived to put away before the officers could take her, and which caused her to miscarry. Ile was verry . genteelly dressed, and his wire sat in the box of the Jurors in waiting. The Jury found the prisoner Guilt!!—Death. Thomas harper was indicted for stealing four horses from Brick Hill, Ideas, the property of Thomas Batten, of that place. The facts of this ease, which were fully proved against the prisoner, have already appeared before the public. He was found Guilty— DeaM. NEW COURT.—Before the CANNON SERGEANT. JnAn Fuord, a decent-looking man, was indicted for stealing an umbrella, value 55., front out of N 0.13, Committee-mom in the House of Commons, en. Friday, if e 13th inst., the property of 31r. N. Broadmead, an attorney. The prosecutor deposed, that having business in the said Com mittee-room, he went there about one o'clock in the afternoon, and placed his uutbtelli behind the door; on his leaving again, and looking after his property, lie missed it. IVitness then made in quiry, and traced it into the **session of an officer. The umbrella now produced is his property. John Lane, a messenger in waiting at the room, said he saw the prisoner about three o'clock nn the staircase, proceeding towards Mr. liellatny's apartments. Witness asked him •hat he wanted; he replied, a Blember of Parliament, to get a frank. On question ing the prisoner respecting en umbrella under his arm, he said he took it out of No. 13, Committee-reom ; having lost one himself the day before, he secured that in its stead. An officer was then sent for, who took him into custody. The prisoner, in his defence, addressed the Jury at some length ; he admitted takinz the property away, but not with an intent to steal it. and his intention was to bring it back again before the Committee broke up, in the hopes of finding his own. The Coussow Stant:ANT summed up the evidence, and the Jury, without hesitation, found the prisoner MU RDE a.—Four brothers of the name of Cuthane, and a man named Patrick Bridgernsn, became tenants in March hod to a quantity of land near Robertstown, the property, of Lord Clonbroek. They were employed ploughing it on Tuesday evening, when nine men approached them from a distance, and called out to the labourers to quit the ground, a mandate which was instantly obeyed. Tl:ey then presented a gun and pistol, with other weapon, and asked the Cultures how dare they take the land, striking one of the brothers a desperate blow on the head, which felled him to the ground insensible, and shortly terminated his mortal stifffirirr.. The others, on this, in vain called out for mercy, end after a feeble resistar.ce to the repeated blows of their cruel assailants, *ere all stretched on the ground covered with wounds, and faint from loss of blood. The ruffians having thus fully gratified their sanguinary intentions on their innocent victims, moved off in triumph towards Ahanish. An inquest has been since held by the Rev. George Vincent anti Wm. R. Yielding, Esq. on the body of the murdered man, Michael Cuthane, and a verdict of Wilful Murder returned against persons unknown. The other unfortunate men were conveyed into Rathkeale, where they con tinue under surgical care in a most dangerous state. The life of one is gisati over, and the reenvery of another is uncertain, but a third will survive. The scene is reprc!ented as a most dreadful .one.—Li:ner ick Chronicle. 31111DLESEX SESSIONS, THUIPADAY, MA 19 rola being appeal day, the Court was occupied the a hole row:. iog rich cases of parochial aettlenteata. THE I'ARIIII Or WARRINGTON AGAINST POPLAR. This we. a question as to the settle ! r tent of au infirm old rrti named Arnold, who was born in the parish of ‘Varr,sigton. Wh e ; of the age of canteen his father apprenticed him to a esrpea te ; named Higgins, who had with the pauper a premium of 101. from a charil formed by a gentleman named Lloyd, for the apprectitieg of the youth of that parish. It seems, flowerer, that the bindits; of the pauper to Higgins was a mere collusion ter the obtaleinE Ml" tua which was irethateiy paid over to the fathe r . and the suffixed to work at home with his father, who Sat al so A carpenter. After remaining pith his father two !ran, he went with the consent of biz father to Heading, and worked for a tus; of the name of Jones, remitting to his father a por ti on of t h e saga * received. Subsequently to his attain ing to manhood he 1 - :•i d i it Poplar, and from the evidence given, it appears the rent rever va s of sufficient amount to obtain for Lim a settlement. Mr. BOL LAND, for the pariah of Warrington, contends„ that he had proved a settlement under the indenture of app re .,.., ce , h , p, at Reading. Mr. ADOLPHUS, in reply, argued that the indenture was form in fraud, and could not therefore operate to the obtaining of a ac. dement._ The COURT intimated a strong opinion that a settlement bad been made out at Reading, but at the requtst of 31r. Adolphus, who thought he should be able to argue the point sueemfunt, ;f time were allowed him to refer to authorities, co:tsentedtl defer itt final judgment to the adjournment day. POLICE. GUILDHALL. a journeyman ladies' shoemaker, was b roug h t Mr. Alderman N SLEY yesterday, upon t h e charged; be J fore ame A s Hi'r. Messrs. J. and 11. Gamble, of 53, Fab-street-lull, sholesale shot manufnetuters. _ _ . . _ Mr. Henry Gamble stated the case. He had, he said, about two hundred persona in his employ, who were all perfectly corrented with the wages he gave this books would show that many of them earned from 235. to SJt a week), and he could not therefore see, wi;hout concern, that a body, terming itself a Committee, shot... step in between him and his workpeople, and stir up discord be dictating both to him and to them what should b., the remuneration fur their labour. Surely that was a question only between himself and those he employed. There was a strike among the journey. men, and about a dozen or twenty masters resisted the demanded increase of 2d. a pair on ladies' shoes. To prove the case against the prisoner, Mr. Gamble called • John Clark, who stated that Iris master having espied, yesterday morninr. tha: sonic man was ',tieing away handbills to all the work. people us they left the premises, sent him after one of them to get copy oa the paper, which be now ptoduc.ol. and proved to b e au add•Cld, issued pursuant toa resolution of a general meeting. held at the George, East Harding -woe:, to be circulated among the ee women's men" who did not belong to the City Trade Society 'calling upon them instantly to join the Society, in order to pm cure au advances of wares. The only other witness called was one John Hudson, alto stated that he was in the employ of dr. Ganthle, and hol Maid nothing of the strike till that morning, whm, as soon as he had 1 quitted the shop, the prisoner delivered to lii:n a copy of the ad. dress, and, in a few words, pressed him to join the satiety. His master did not give the full wages, but be had work ail the wiatet as well as summer, and he was perfectly satisfied. The prisoner. 1.1 his defence, said he had not obstmeted or Oreatened any boor.. He was in the employ of Mr. BowtelL of Skinner-street, and when he worked hard, could earn but 13s. a week. Mr. Alderman ANSLEY deeply lamented these combinations among labourers to advance their wages just at this moment. 31inisers had been doing all they could - to enable our merchants to fund goods abroad at a cheaper price, and now the journey. men, by increasing the cost of manufacture, just rendered en. tirely nugatory all the aids the Government Lad afforded. As, however, the prisot er was anzious to hare legal assistance. the presence of a second Magistrate would be necessary to convict him. The Worthy Alderman remanded the prisoner. Some of the Committee-men presented themselves before the .Al derman, and from what they state, it appears the advance they re golfs would increase their wages about 2s. a week ; that there has been no strike, no combination, nothing but a gradual fall in the price of their labour for the last fourteen years ; that, for the same workmanship, the masters at the west end of the town, ar• now paying Is. bd. to la. 7d. per pair of women's shoes, some of the masters in the City give but ad. and Ind., and the Committee do not interfere where above Is. • pair is paid for the making ; that when bread 8:c. was cheaper than now, they had 6d. a pair more: that ltid. and lad. has been paid in the city for what only 10d. 14 now given ; and that they are supported in their present demand by most of the respectable masters, who find themselves unable to t ism pe e with what are technically called the " Cutters C---thal R. IS XIS who employ a vast number of hands at extremely low prices, and retail by the dozen the shoes Mu' nade to shopkeepers, who vend them to the public. The presence strike commenced 1)D Tues. day last. MARY•LA•BONNE OFFICE. CHARGE or 1310;MY.—YesterdayIlr: — .iidiey was au% brought before Mr. RAWLINSON. Ttte Magistra:e, addressing the prisoner, said he had had the deposition of the second wife taken, in order to spare her feelings tird his years. Mr. Sedley thanked the Magistrate, and observed he was pen. niised the professional assistance of Mr. Harmer, whom he did nut see tli7esCl3t. 31r. Rautt.rwsow said that in the present stage of the case Mr. Harmer's professional skill would avail but little. The deposition of Mary Ann Palmer was then read, stating that towards the termination of the year 1316 she became acquainted with the prisoner; and that on the sth of December of that year 'lie was married to him by licence at the church of St. Peter's, Hereford, there being present a gentleman of the name of tint. 11th, and a female of the name of Honor King. The deponent also saith she lived as his lawful wife with hint since ; rcver, until a very few days since, being acquainted of his first marriage, or that his first wife was living. Ehe also described her residence to be Clarendon-square, Somer's-awn. the lady then entered into a recognizance to prosecute the pri. Boner for bigamy. Mr. Ravrt.tesot here addressed the prisoner, and said the rase was not yet complete, in consequence of the absence of the hit wife's mother. An officer was despatched to Portland-street, italworth, where the woman lives, with orders to bring her to the office. but shot lifter the officers departure Mrs. Wilson arrived, and her dep. b: tion was taken, proving th at on the 2d of June 1811, she lived in I.cigh's place, Blackfrisee-road, and on that day tire prisoner tame to her house, and went to Lambeth church, where be married her daughter, and from the church went to a house in Garden - p late, Lambeth , where they spent the day ; her daughter gave her the marriage certificate, which unfortunately had been lost c the nest day they went to Purtstuouth, where he had a situation in a medical capacity ; they lived together for four years as man and wife. Mrs. Wilson being bound over, the prisoner was fully committed to Newgate for trial. The first wife seemed very mach &stressed in mind. THAMES OFFICE. James Love, foreman to • Mrs. Higgs, a dealer in marine stores, and James Morris, sliipkieper, of the Philip. lying in the West India Dock. were put to the bar. to amount for the posses sion of three hundred weight of rope, and hag a hundred weight of canvas. The Magistrate adjudged that the rope should be returned to the Philip, and convicted Love in the penalty twenty shillings. and Moms in four pounds, and in default each to be committed to prison. UNION-HALL. lIOQ3E-STEALING.—Ye-terday Robes* Hinton, a youth of about seventeen years of age, was charged with stealing a brown mare, the property of John Flack, pt' Lambeth Butts, car man. Prosecutor has recovered his home. which was stolen from a pad dock in Brixton IVashway, on the 10th instant, and sold the same day at Itointord market. Grossmith, the officer, stated that he had no doubt of being able to trace the mare to the prisoner, who had been seen riding her on the Romford-road on the morning in quest i.in. The prosecutor requested that the prisoner might be remanded to wre time for the production of evidence. Remanded until NVednesday. The prosecutor, who is a poor man. lost a horse on the llth of August, of which he has not yet heard any tidings. A great horses have been stolen from the neighbourhood of Brixton Wash way, several of which are known to have been wilfully injure! by the driving of nails into their feet, for the purpose of Mau: , r.g the knackers to purchase the poor annuals far the slaughter house. Or.n EPHRAIM .HAILDCAITLE, whose wine and rat ' nuts wcre served up, for a certain season, as an agreeable addition to the choice weekly diessert furnished forth by the Editor of the Literary (;azetic. has provided another dish, st , asattel to the palates of thrive whn delight in table chit-chat. The historical novel. in two volumes, just published, entitled the " The Twenty ninth of May or, Joyous doings at the Reatorstion," "elf se should think, to suit the public taste, sa no perio s d "f " T history affords a more interesting epoch fot the display of that original discrimination of character, in which theobservant author is known to excel. B IRTHS. In Bolton-street, of a daughter. the Lady Georgians Orenf4 Wednesday, in Great ('umbetland-street, the body of : Wolin' Sir R. King, Bart of a daughter. On Thursday, the wife of Maurice Wslvh, of Bollindesert , within three milts of Carrick-on-Suit, was safely delivered of three female children, who, with their mother, are likely to do well. MARRIED. On the 9d inst. Captain C. B. Louis, youngest won of the late Sir T. Louis, Bart. of Cadrell, to Mary, eldest daughter ot the Rev. R. Matlock, of Coekington DIED. the O l n at t e h s e i 7 r th oco in r s g t. e in oii L nta son t, ; po t iii v oc e, h A T ! m iss , 11 Bar f sey z Dunbsr, s i ste r of Oa the 9th inst. at Wells, Edward Tuson, Esq. tritettlet Printed at THE: BRITISH PRESS I Aim, by JAI% CAzi.toit• lel, Strand, and publiMied by It. Gam aro vi, saw 4lace. / 1 ~~ 1.1 lal be to DI ITC 0: co yr II :a Pi ■ ■ I