The British Press; or, Morning Literary Advertiser. — London, England, 1824-01-26 00:00:00

TIM KIVG 01.1)Fittn AND.IIEXIILTT: The ATTOIMCt-tiexeaat;rayedthe judgment of the Court neatest the ddendanst, who had been eotavicted—.Benneti, on taro. and Oldfield on three, serc.-al indictments. charging them with having kept common gaming-houses at No. 75, St. James's-street, No. 71, Pall-mall, and No. 6, Pall-mall. The prosecutors were Esons named Richard Carlos, William Smith, and Thomas rskine Grant, the latter of whom had charged the defendants with carrying on their illicit practices, and opening a gaming-house it the King's Bench prison, where they had been confined in con sequence of a former conviction. he defendants pot into Court a number of affidavits, in -which they solemnly denied having had any connexion with gam ing-Lou:en since the commencement of the prosecution against than; and that, more especially, they had not, direia!y or indi. reedy. had any transactions of such a nature during their confine ment in the King's Bench Prison ; that the assertions made by the hprosecutor, Grant, were utterly false; that when he was in the akit of visiting their house, he was in very indigent circumstances, and could rot have lost the sums he asserted he had lost ; that de iendant, Oilfield, never did buy up an acceptance of Grant's for the purpose of injuring him; and they further declared ,they be littled the presecutions to have originated with a slr. !timbal, who WWI an attorney, and had kept a gaming-house at :id, late do, Pall-mall, fur the purpose of harassing the detentions. and to emcee money front them. The defendants represented themselves as the fathers of large families, altogether dependent on them for existence; that the several prosecutions had totally reined them ; and that the imprisonment they had suffered had considerably im paired their health. Other affidavits were put in by the defendant Olaf eld, from serious wine-merchants. stating their belief that he had relin quiAhed all connexion with gaming-houses, and was now carrying on business in their trade with credit and respectability, and they Lail found him honest and upright in all their transactions with hint. Many of them offered to become security for him to any reasonable amount.. ...... Mr. ADOLPHUS. In addressing the Coon for the defendants. in mitigation of punishment, said, he should make but few remarks as to the motives which influenced the prosecutors who instituted the proceedings against the defendants, since it was impossible to mistake them. No one could for a moment doubt but they arum from selfish and vindictive feelings. and not from any regard to the intesests of mends of the public. The Court would recollect that the defoudauts bad been already punished severely fur the crimes with which they h:7 , a been charged, and that those for which they , now awaited judgment were not of a more recent date; all, there forw, that could be attained ny prosecuting the defendants had been effected. lie hoped, therefore, that the Court would scorn to lend itself to the further pnidahment of the defendants, who had been bowed down by suffering, who had shown and scorn that they had given up . all connexion with gaming -houses, and who were ready to enter into security that they would never again transgress. He hoped that the Court would sot drive them through poverty to de spair, but would administer justice with mercy, and cto no inure than was necessary to eflix-t the end proposed. The Ar roast EY GENERAL replied in aggravation. He said, the offence for which the defendants bad been convicted, was one of great public injury; it was almost impossible to ascertain the many evil+ which arose to society from such practices. lie would not conceal, or attempt to conceal, the motives of the prosecutors, which might be such as his karued friend, Mr. Adolphus, had at- tr!huted to them, but he stood before the Court to pray its judg meat against the defendants, fur a great public offence. Mr. Gun Kea addressed the Court on the same side, by stating that the offence the which the defendants stood convicted, had been carried on on a great scale, the protits of it were enormous, and the a:hi:Wiles in the way of prosecution very great. It was seldom the could lay hold of such offenders, and, when it did, if the Court did not deter them and others from again transgressing, the offence would undoubtedly increase. But if the Court would shew them that they were playing a losing game, their practices would as certainly cease. The Court had been told that the defendants had suffered materielly in health from their imprisonment, but he thought that if wholesome exercise were added to it, they would suffer leas. They I had also informal the Court that they would not again transgresa, but he thought the Court should so punish them, that they would not dare. Mr. Hoc lIIE followed also in aggravation. He would not expe -1 time on the grievous sin Of gambling, nor on the necessity for put. ling down the practice, which, like the baneful Upila tree, spreads its poievn over all. The Court had heard the defendants complain of the sufferings and imprisonment they had undergone; but :he Court would recollect how many, through their means, had pined l in captivity. lithe defendants were brekenalown men, they ought to have been so; because until they were they would not give up their practices. In the particular case of Grant's prosecution, the greatest aggravation or the defendants guilt was the defence they had set up, in order to. blacken the character of the young man ; Ito ruin him in character whom they had ruined in purse. It was the tear of being thus exposed which prevented prosecutors from coining fiuward. Mr. Justice 11 iy LEY, in passing sentence, addressed the defend , ants in a arcch of much feeling and talent. lie said the orient:ea which they had been convicted was one of a very high description; one which had been carried on to a great extent; and which had brought ruin on many families, hr dnving their supporters to den. potation. Those who lent themselves to produce such evils were criminal indeed. The present indictment was founded on Acts of the 3d and 4th of' his present 31tairary. by which those who weie convicted were not only subjected to line and imprisonment, but also to hard labour. The Court, however, had hesitated before they put the latter part of the punishment into execution, because the amt had been committed after the passing of the Acts, and they had decided against it. Every one must be aware and regret how much every sentence of the Court must affect those who had not transceased, by involving the families of the pill in difficulty Aral tenable. But the defendants must recollect how many had been in,javed by them t how many bad been deprived, by their means, of comfort and support. The Learned Je uo a then proceeded to pass the sentence of the Court on the defendants. For the offence of which Oldffeld had been ,aloe convicted, the sentence was that lie should pay a fine of r:001. For the next offence of which they had been both convicted, Old. field was sentenced to pay a fine of 1,3001., and lkiinett a fine of 2,0001; and for the third, they were sentenc ed to pay each a further fine of 1,300 L, and each to give security for his Food behaviour fir fire years, themselves in 10,0001., and two sureties in 3,0001, each, and be imprisoned until the fines were paid and the securities found. CORPORATION OF GRAVESEND. Mr. SCARLETT molted for a rule to show rause why a criminal information should not be filed against Francis Southgate, George Nash Rich. and two other persons, for obtruding into the Court of the Mayor of Gravesend, obstructing him in the exercise of his duty, and successfully resisting the constables of said Court, in their eflbrts to remove them—Rule granted. THE ZING TIRUST. The defendant, who had been convicted for publishing Palmer's Prineipks of Nature, and other blasphemous works, was brought into Court on a motion of the Attorney General, to prove that he had performed the promise made to time Court last Tnrm of giving up all productions of the above description. He produced an a 5. davit stating that since the prosecution he had not sold offensive works of any kind, and that he was ready to give up the few now is his lou ; that those he had previously disposed if were b gentlemen of education and talent, who could not be injured by t he perusal of them ; that, although repeatedly urged to republish the interdicted works, he had positively refused to do so ; and that, moreover, his health bad suffered materially by the punishment already indicted on him. He added, that s ince the prosecution for publishing works of en immoral tendency, he had sold Dr. trutsols's Apology for the DU*, Dr. Priestley's Answer to Paine, and others of a ennilsr nature ; and that he had now no concern whatever with the shop in Fleet-street. The ATTORNEY GENIMAL, in= WA fleet altbongh he had seated his having still many sar i st ' ian works in his @ion be did not state where they wall to bifonnd ; and L ilie lt believed it was the custom with persons who sold works of the kind, to place them beside those of a different nature, and dispose ,of thorn together. Trust assured the Court that the books were deposited with a person who was ready to give them up immediately. The Loan f i tter JUSTICE—Mr. Attorney General, have you any objection that a proper person should accompany the defend ant, and ascertain where the books see, and what quantitynnatins of them ? The ATTOINET GENZRAL...-Celtlitiy not, If yelirlierd; ship thinks proper. In oonseqoasee of this determbsation, the further - - • were postponed to a future day. KING'S BENCH SITTINGS. Before the Right Hon. Sir CHARLES ADZOTT, Knight. IN TERM. MIDDLESEX. LONDON. Wednesday . Jan. 20 Thursday . Wednesday . Feb. 4 Thursday . Tuesday . . —lO Wednesday . AFTER TERM. Jan. 39 Feb. 5 -- 11 Friday . Feb. 1$ Saturday . Feb. 14 Sit at haft-past twelve o'clock, Jan. 2U and 29, and Feb. tand and at hall-past mine on the ether days. COURT OF COMMON PLEAS, WzaTxtirssza, BATrauArt JAN. 3/ ■ . HOARE Ayr) oTntie. Mr. Sergeant VavartaX moved for ;ink to shew cause why the verdict which had been glean for the plaintiff in this case should not be set aside, and a nonsuit entered oe a new trial granted. This was an action brought againstthc defendant*, who were extensive brewers, trading under the name of Goodwin and Co., for an ex ' erosive distress alleged to have been taken by them In the Coach and Horses public house, at the time the plaintiff was tenant there ' of. The Jury bad given a verdict for the plaintiff, damages Is., and the defeat:atm now again brought the easetneward, feanng lest an imputation snoukl remain on their dnitattas bt a verdict having been given against them. • i • 51r. Justice Be naouon—l gave my opinion on the merits of the action, which I thought ought never to have been brought ; I certified, in order to deprive the plaintiff of Ids coats. Mr. Sergeant ‘'•voltax mentioned, u the first objection, that the third count of the declaration stated that at the time when the distress au nude for the sum of 90L, there was but a small sum of due, "to wit, the sum of IL 3a. and no more." Under this legation he concluded that the plaintiff was bound to have proved the sum actually doe, and that not having done so, there was a fatal variance between the declaration cud the proof. The second objection was, that the sum of ..151. was really due at the time of the distress being made • but that went to the merits of the rase only, and related to the se cond part of the motion, if the first part should be refused. The third objection, which was of the same nature, was, that the distress had subsequently become mat ter of arrangement between the parties. Lord Chief Justice Ole roe n---On this statement, I think the action was of such a nature as ought not to have been encouraged. With that, however, we have at present nothing to do. The (peanut] tics before us is, whether, on the objections which have been made. the plaintiff ought to have been nonsuited. On the first, I am of opinion that the plaintiff is not bound to prove the sum actually due ; and, as to the second, I think that, on the de fendant's own 'hewing. a sum of tb2L 10s. was alone due. There is no imputation an the defendant's character ; but, in point of law, the action is sustainable. As to the arrangement between the parties. I an of opinion that that dues not destroy the right of ac tion, tltcugh it certainly is matter for the consideration of the Jury, in their estimation of the damages ; I ant, therefore, of opinion, that the rule must be retused. I may, perhaps, add, that I ram. eider the certificate to have been very properly granted by the Learned Judge who tried the cause. The other Judges concurring, the rule was refused. LAW INTELLIGENCE. oAll 11% HOLNE,s. 1 . : U .. COURT OF KING'S BENCH, WzormiNsTra. SATURDAY, JAN. SI. At the sitting et the Court, the Aveongto-G 1 ftenst. rose, and moved fur judgment upon Jolla fielder, convicted of keeping .i.i unlawful gaming-house. The Loan Cuts, JUSTICE mid, that this case had been tried before him. It has an indictment against the defendant for keep. tog an unlawful gaming -house; the first count setting forth. that the said house was situate in the parish of St. James, Westminster, out the evklence proving the parish to be differently sitnatcd, the defendant was acquitted upon the first count, and afterwards rim. sired on the second count, which merely charged . hint with keep ing and maintaining such a lionse. nut describing its parochial site. .1n arrest of judgment was loosed fur the latter omission, and the • aestion now was, was the 2d count sufficiently laid, without the P irochial nomination, so as to maintain the conviction had there upon The ATTORISZY.GEWZR Ai was heard in liniment of the con ch doe. He said be was aware of the dictum of 3lr. Justice Bul let, that a precise local description of the place where the offence Iraq alleged to have been committed, ought to be given, but he was also prepared to contend, that upon the fair analogy of other cant..., it was unnecessary to insert in the indictment the local situation of the !muse where the gaming was carried on, provided that house MU within the town. Was it imperative, he would ask, in prose .mticrs for keeping a brothel, that the exact locality should he es peeved ? It was quite clear that the place must be specifically de s:abed in an action for trrimeas ; so again it must in charges for steolinikin c dwelling-house under the value of 40s. The LORD CIIIEE JUST I( E—Thcre can be no doubt, the local der ription is . necroary in such cues, where the trespass is alleged to have been violauon of the security of a dwelling. Mr. LITTLRDALE said, that he was with the Attorney-General in support of the conviction. In all these cases, where the local itescripuon was necessary, it was on account of the infringement upon the rights of things, as would be found in the Cresol Circuit Comps/dm, and Mr. Starkie's book. The 1.010 CHIEF JUSTICE—But would it not be taken for granted in a writ or neer, from the reading of this indictment, that the house was situated in a particular parish ? MT. LITTLEDALC said, that he was prepared to annelid, that the Ince= description was no more a necessary ingredient in indict ments than in civil actions; and then, ter the reason he had already .nven, namely, the infringement upon things. In charges of as 'ULU, of mortice, libels, &c. the same rule held. Mr Justice BAYLER—But those are transitory offerers, which may happen.anywhere. The question here is--is this alleged to be a local raistee, which triunes a local habitation? 'floc charge is fin keepiag *common gaming •• mom," not. I believe, a house. (This was tiara to. he the case on reference to the indictment.) (The LOUD Cllis'T Joliette r be defendant cannot have jndg. rtmt. unless you satisfy the I uurt upon these two points. first, mould the indictment be good without the statement of the place t and is it .net a fact, that this indictment dues not contain such statement? Mr. LITTLYDAIR embed, whether a man might not be fairly considered as the keeper of aga R. house, be furnishing it with dire and cards for smanlawful purpose, although he never entered the parish in which the business was actually conducted? He nesse agnin enforce the analogy of certain civil actions not re (Prating the local description. Leerything which was to be con sldered as transitory in civil actions, was equally so in criminal. The Loan('titer Jo IT ler —Are you not laying down tee I-mad a proposition ? In one of the cases you coed, viz. libel*, Mee may be tried anywhere In the county. Pe. LITT etosta insisted that the role of law was, that the • description of place was net necessary, until they came to a lota action. Thaquestion at present was.--was this the kind of local action that required such a description? Was it necessary. after proof of the gaining in a certain room, to describe the actual loeslite of the place? Alr;Justice BEST-11'as there not some case in point on the Ilnrne ircuit. where an act was said to have been committed at Kingston, and the proof showed it to have been done on some wharf of the river ? The Loan ttr Jos-rice—ls there not another indictment ageing the same person, which is free from all objection, mid on which he has been found guilty ? Why not proceed to judgment upon that, and waive the present argument? Mr. ADOLPHUS, who was for the defendant, admitted that them was another indictment, but he submitted whistle, it ought ✓aw to be poised, after remaining inoperative so long as seven slues? _ _ . Dlr. Justice BATLEY—But whose fault was it that it ratted so long? Mr. ADOI rR us replied, That it was difficult to say where the truth lay, there had been so much corruption on the part of we • vrtirecutors. ;r.Ltie t.F.D•Lu resumed his argument, and was interrupted by r. Justice BEST, who said--Suppose the indictment had been to cause divers people to come together, and game and play. with out naming any room, or any house, would that be an indictable offence ? . . . . Mr. LiTTLEDALE replied, that an indictment might be so framed u to embrace such a case.. Gaming parties carried on in the open air at fairs, by persons moving about with k 0 tables, and such thing'', were punishable. Mr. Justice BAYLEY—But the present indictment is not like the ease or a holi• e which is found to be a nuisance. It is not the room, in its were character of a room, which gives *Mince ; it is the use n ode of I'. 111 r Justice oEs. —lt is not necessary to have the house pulled down ; it is against the innatstan , s that you act. Mr. RAINE wd, that the offence was nut to the local descrip, tion, hut in the gaining. That practice might be carried on in a room, 'bleb was so constructed as to be niovesble. That was, he understood, now commonly practised, and was a necessary to fol low the same parties with successive indictments, while they moved train parish to parish ? Mr. Justice BEST—It is their plan that they change the venue, while they shift the room ?—(A laugh.) lie. Anoirilus was then heard for the defendant, in arrest of Judgment ; and he contended that the local description was sn es sential and indispensable ingredient, which could not be omitted. There was the precedent of Mr. Justice Buller's opinion, in favour of his vies , Of the ease. ..... The Loan CHIEF JusTtcr said, precedents were like books; they might be found to suit every view of every question. Mr. ADOLPHUS admitted that to be the use; he remembered once having heard a Judge, in illustrating the position, that any thing might be done by precedent, say that he bad read of an in dictment for murder, where the victim was said to have died of certain mortal sounds, inflicted upon him in such and such a manner, to which was superadded, that he had also other wound% inflicted upon his body of which he would have died, had not the former taken effect.-4A laugh.) Mr. CHITTY supported the motion in arrest of judgment. After some further arguments, which consistet: of mutual repe tition% of what had been already said by the Counsel, on the sub ject of the arrest of judgment. The Loa, Unity Juscics said, "We shall take time to consider the objection. Move, Mr. Attorney-General, upon the other indietmer.t." _ _ _ The AvYnr.trry-Gtwrn AL—Then, my Lord, I move the tudfment of the Court upon the same defendant for a font= con- WINN. _ _ •.. Mr. Justice BAYLEY read his notes of the trial. The indict ment was brxight in the Easter Term of the 87th year of the late King (1817). It charged the defendant with causing divers pee wees to assemble on the 29th March of the same year, at • certain common gaming house, for the purpose of playing divers unlawful games, called hazard, rouge et noir. dm / 1 / 4 .c. The eyidence'consisted of proof that Mr. Fielder officiated as a partner at the house. No. 9. Bennett-street, St. James-street, and that upon a computation, 10.0901. used to be staked at play every night- The place used to be crowded, particularly on opera nights, and men of rank. as well as idle young men about town, were in the habit of playing at a variety of unlawful games. Mr. ADO!. PH us said that be was really unprepared at the mo ment to state the objections which he hod to this conviction, as seven yeses had elapsed since it took place. After some conversation between the Court and the Attorney- General, judgment upon Mr. Fielder was postponed to give 3lr. Adolphus time to consider the case until Thursday next. The de. tendant to stand committed to the King's Bench prison until that stay. - - - °CURDY V. SHAW. 111 r. Sergeant PELt, moved for a rule to *hew cause why the exe cution issued in this ease should no; be set aside with co ns, on the , ground of the want afraid faith, and why the sum of 3111. now in the hands of the Sheriff; should not he retained by him until the rule was determined; and why, in the mean time, all further pro ceedin'. should not be stayed. This was an action brought against 'the defendant,* schoolmaster in Yorkshire, toe negligence ; and in 'a cause of the same nature, tried on the day before that on which the present was called on, the July having given:hall. damages, he, Mr. Sergeant Yell, had offered the None verdict in this cause. That utter was accepts', but as the defendant had been very much pressed by the expense of the cause, which bad preceded it, end by the costs of this cause, the plaintiff very liberally consented to give hint time to pay the dr.mages. It was therefore agreed between the parties that the defendant should pay the sum of 3ipoi. by three in ' stalnients, of six, twelve, and eighteen months ; but at that time nothing was said about interest, nor was any security for the pay ment demanded. The defendant proposed to pay this sum by three bills or exchange, drawn by him on end accepted by a gentleman of property, named Seaton ; but the pla inviffdeclined accepting those bills as the only security, and the plaintiff's attorney then prepared a bond by which Mr. Seaton and the defendant became bound under the penalty of MPI. to pay the three several instalments as they became due. This bond having been submitted to the in. tended obligors, they merely struck out of it a stipulation concern. tog the payment of interest, and then returned it to the plaintiff's attorney, as having been approved of by them. The costs of this action, aatountine to about Pia had been yzeviottsly paid, and , every thing might therefore have been arranged, but that it ap paired the plaintiff was determined to be paid intercm, s hicti tue defendant objecting to comply with, the plamtiff had issued execu tion, and had levied the whole SUM. l niter these circumstances, the Learned Sergeant contended there had been a breach of good faith, as the defendant denied ever haring made any stipulation for the payment of interest. The Court grouted the rule. At one o'clock the Chief Justice sat at Nisi Prius. Louts PrPELL V. PEXIIEITOX. _ Mr. Sergeant VACOHAN Mated that this was an action to rr cover a sum of money due to the plaintiff for wages as a courier and valet, in which capacity the defendant had engaged hin., for ; the journey from Trieste to London. The Learned Sergeant proved that the sum usually paid was from 101. to 13 guineas per month, during the journey, besides the expense of the courier's re- turn to his native country. if he should be dismissed at any foreign place. A certificate, which the defendant had signed and sealed, was also put in, which was in the following terms:—" Louis Pu p& has accompanied me as valet, and I have found him very good tempered, and willing to make himself useful." Mr. Sergeant BOSANQUET, for the defendant, ;Idled a witness to prove that the plaintiff had been hired for the express purpose of serving as a courier through Germany, for which, however, he proved to be totally unlit, being quite unacquainted with the Ger man language; that, at the time of hiring, it was expressly ur.der stood that the defendant was not to pay the plaintiff's return ex panses; and that finally a settlement had taken place between the parties with which the plaintiff - expressed himself satisfied. Mr. Serigeent V.AUrillaS replied. and contended that the expres sion of vatisfacticas must have been ironical, and that if the plaintiff had bean totally useless, the defendant would have discharged him in ‘ierrnany, and would not have brought him to England, and then have given him a character. The Louts t Er JVSTICE verdict for the charged the Jury, who returned a cs 20i. HEAPIIY . .. ... Mr. ROLL two opened the pleadings. — Mr. Sergeant Vaticinate stated the case. The presen action was brought by the plaintiff, to recover front the defend:sit a com pensation for the damage which he had sustained by the negligence of the slefendant in printing a large plate, representing-- The Duke of Wellington in the act of giving orders to his staff previous to a general action." The plaintiff was a man of wealth and emi nence in his profession ofportrait-psinting, and had by his acquain tance with the Duke of iVellington obtained some situation in the continental army of 1814, which lie followed through its various campaigns and movements. By his personal acquaintance with the Duke and the Officers of his stair, he had been able to procure correct likenesses of upwards of fifty of them. These he had grouped, and front the grouped picture had caused a splendid plate to be engraved, and it was for alleged negligence on the part of the defendant in printing this plate that the action was brought. To prove the plaintiff's case, Miss Ileaphy, the daughter of the plaintif was called.—lxamined by Mr. Bo L L•ND.—She proved ' , the hand-writin of the defendant to an agreement between him' and the plaintiff, specifying the prices to be c urged foe the printing. She stated she was a pnebsit painter, and occasionally engraved That a - great many impressions were taken from the plate; al together 1,000 of which BVLS were proofs, and the remainder plain impressions. That of the proofs 38 were spoiled, and of the prints or plain impressions IR. That they were spotted in the printing ; and the Indiariper open which they were thrown off was torn up from the backing paper, and wee net in such a state as that her father could deliver theta to subscribers. That to subscriben they were 101. 10a., but that some had sold at 25 guineas. Cross-examined by Mr. Sergeant PEI. z..—Does not profession ally follow engraving. Thought the plates rendered useless. Did not think herself a competent judge of the merits and imperfections of the prints before the Court. (The prints were lying on the table of the Coon.) The plate being new, the first impressions would of course not he so good as those which were made afterwards. Was not aware of any rule in the trade to allow for a certain number being spoiled. Pointed out four of the prints which she considered spoiled. Her .*lntended the engraving. Mr. Coln put-street, print-seller, examined by Mr. Sergeant Vadillmasi,—Considered himself capable of deciding on the merits of the lutists before him. I see some faults in the print ing. (Here the witness described some defects appearing on the race of one of the four prints selected by 31irs nearby.) Did not think the print irremediably spoiled. (Was shown another.) There was some little trite in it. Sometimes the ink would run, and the printer could not help it. NVould not deliver such a one to a subscriber if he could get a better. It might be made perfect for a shilling: Cross-examhied by Mt. Sergeant ?ELL.— . In striking off 600 proofs, he should not mien such a one, nor tall a pnnter who print.W such a one unskilful. Shodld not call a printer who brought hies home 88 Spoiled out of I/00, if he had torn up none, unskilful. Ifs printer prints a very bad oae.he tears it up and throws it behind the fire. If a printer *polled 22 prints in a day, he would turn him off. Did not think the number spoiled an extraordinary number to be spoiled in printing front such a plate, for so long a time, and after sp many impressions. An allowance is made for spoiled prints. If a printer has spoiled 38 out of 1110, he should not expect him to make him any remuneration. If the prints ha fore him were in skilful hands, they might be remedied, and ren dered fit for sale. When impressions beanie rare, they mould fetch as good a price as the others. The LORD MKT JUSTICE here suggested to Mr. Sergeant Vaughan, when?, under the evidence given by the last (his own) witness, he should not be nonsuited Mr. Sergeant PILL stated, that he had a host of witnesses, who would give similar evidence to that df 31r. Colnaghi, and that all the _prints however bad, were deliveeed in to Mr. neaphy. mr. Sergeant VAUGHAN beped to CAR one more witness first. Mr. Clay , examined by 3 r. Sergeant ac quainted with the an of printing. - Had seen: about 100 of the prints; some of them were spott • and, to use the professional term, mis-wipel. Cross-examined by Mr. JOYES.—This is a very large plate, and the difficulty of printing must necessarily have been much in creased from this circumstance. Mr. Scales, an artist, who restores prints in a damaged way, could not say whetherthey were unskilfully done; was no judge. The plaintiff's ease having closed, The Loan Cum. JUSTICE again said he did not think there was evidence for the Jury. If, however, his Brother Vaughan thought differently, he had no wish to stop the cause, though if it went to the Jury it would be accompanied with strong observa tions from him. Mr. Sergeant VAI:GRAN consented to a nonsuit, and the plain tiff was accordingly called. OLD BAILEY SESSIONS, SATURDAY, JAW. 24. The trials of all the prisoners having been concluded last night, the COMMON SCROEAWT (in the absence of the Recorder, who is conSned to his house with a lit of the gout), at half-past nine this morning proceeded to pass sentence on the several prisoners who have been convicted at the last Sessions. The Learned Gentle ' man. with great dignity and feeling. pronounced sentence of death on Wm. Henry Reynolds, Samuel Rayns, Wm. Elliott, and John Austin Wren, for maliciously shooting; the former at General Burton, and the three latter at a young tnan named Collins, in the N'auxball-road upon Edmund Burton and John Hutchinson, for atealing in dwelling.housea ; upon James Walker. Wm. Hunter, Robert Smith, James Hodge, Isaac Cannon, and George Owes, for burglaries; and upon Maria Williams, for passing forged notes. I Four prisoners were sentenced to be transported for their natural I Brea, one for 11 years, and 67 for seven years. Sixty-seven were sentenced to various terms of imprisonment in the House of Gor rection • 15 to imprisonment for di ff erent periods, and to be each I on wCtipped during their confinement; three were ordered to be whipped and discharged; and the sentences of two were respited. In passing sentence on the prisoners who were capitally convict ed, the COMMON SE nn AA T observed, that it had been painful I to the Court to perceive the grief that had been expressed by many of their associates in crime, when it had pronounced sentence of transportation on them, which would separate them from their con nexions for a certain time. But if the Court felt pain then, how much more severely must it feel the awful duty that it bad now to perform, in passing a sentence on those which might separate all. would certainly separate some, from their friends for ever ! and many of those friends probably had formed very different expecta tions of them, and hopes for their future prospects. In addressing Reynolds, he said that he could have little hopes that mercy would be held out to him, for he had maliciously shot at Genera/ Burton, from whom it appeared he had received nothing but kindness. He urged Reyna, %Vren, and Elliott, to make good use of their time, by attending to the spiritual instructions of the Reverend Gentlemen placed with them for the purpose of affording them consolation, es probably they would's* tomtit undergo the awful sentence of the law; for they had not only shot at a fellow. subject, but were in the prosecution of another crime at the time, viz. hig hway robbery. The Learned Gentleman then eamestlr entreated Maria Wil. li:ms to prepare for the worst, as the puni,fment of her crime had been but rarely commuted. POLICE. BOW-STREET--S•r I'ILDAT. RMIBERY AT Ma. MACQVEEN'S.—Joseph and William Th.imaie, the two brothers, artists, charged on Wednesday last with having been concerned, with another brother of theirs named in stealing upwards of 10001.'6 worth of jewels, ike. from the dr citing-house of 'F. P. 31acqueen, Esq. of Fark-buse, 31. P., eitgagett in decorating some rooms there, were again placed at the bar, together with their brother James, who voluntarily gave himseit up at this Mites on Friday evening, end the following eel dealer was given against them: Richard Penchant. shopman to Messrs. Ncate, pawnhmkers, of Dyke-street, Manchester.square, produced twelve hoe shifts, which were pledged at their shop, on the 19th and 20th December, last, by Mary Thomson, whom he had known some time. nne Smith sworn—l ant lady's maid to 31rs. hlacqueen. The shifts produced are the property of my mistress. They were de posited in one of the sardrobes at my master's house in Park-lane, in a room in which the prisoners were at weak. I left them here when I went out of town on the 13th December, and missed them, with many other things, on Sunday last. Mary Thomson sworn-1 am sister to the prisoners, and live with my father, at No. 11, Avery-row, Bond-street. On the 10th of December, my brother Joseph brought these shifts to me, and asked me to pawn them for him. He said they belonged to a young woman with whom he kept company, and he wanted to raise biome I money upon them. I pawned them at Mr. Neate's, tor two guineas, 11 and gave the money to him. Avis, a patrol, deposed that he searched the lodgings of Sarah Ricketts, a young woman with whom the prisoner James whit liked, at N 0.14, Park-street, New-road. I told her my business, and asked her where her husband was. She replied that he was gone to a job in the country, and had taken all his things with hint. In searching I found two pair of new French kid gloves, which 1 now produce. ' These gloves could not be identified, either by Mr. Macqueen or the lady's maid, but they both stated that gloves exactly similar, were stolen with the other property. sarah Iticketts, a very diminutive young woman, with an infant in her arms, deposed that she lived with the prisoner James as his trite. The gloves now produced he brought to her nearly two months ago. On Wednesday (the day his brothers were appre hended) he came home and desired me to send away all his things. Ile said it did not matter where, so they were out of the house.— I put them from his boxes into a large shawl, sod my sister took them away. I did not notice what they were particularly; but they appeared to me to be chiefly trowsers and waistcoats. Illy sister took them to a tin.shop over the way, and the prisoner James brought them back again next day. Elizabeth Ricketts, slater to the last witness, corroborated this statement. Another pawnbroker produced a large quantity of coats, trow sera, waistcoats, silk handkerchiefs, &c., pledged with him by the prisoner James, on Thursday and Friday last; but none of them were identified ea the property of the prosecutor:—Among the pro perty stolen was • Highland dirk, with a caimgoeum hilt and it wan deposed at the last examination that the prisoner, William, had pledged, and afterwards redeemed, a similar dirk at the shop of Mr. Harrison, hi Wardour-atreet. Mr. Macqueen now produced a tartan doublet,with cairngorum buttons, to match the stolen dirk: and Mr. Harrison's nephew deposed, that to the best of his recol lection, they matched exactly with the dirk pledged by 'William. Several other witnesses were examined in explanation of their evidence at the first examination, and the prisoners were then asked whether they wished to say any thing? William said the dirk he had pledged was his own, but he could not produce it, because he had since sold it to • Jew whom he did I not know. James said there was no evidence to affect him, and he trusted he should be set at liberty. Antl what hare you to say about the shifts that hare been traced zo you ?" said the 3lagistrate to the prisoner Joseph. To which lie replied, laughing—`• I shall say nothing at present; for, in nit opinion, tic less said the sooner mended !" They were all three committed for further examination, till Sa turday next. UNION-HALL. . - William Edward Larkin, a porter to Win. Stafford, a fruit salesman in the Burough.mahet,was charged by his master, with having robbed his till. Two persons, who were standing oppoidte %Ir. Staflbrd's office, deposed, that they saw the prisoner open .he till .ith a key and take something out. Tiber immediately went in, and, seizing the prisoner, found Ma. Gd. in one of his hands, and the key with which he had opened the drawer in the other. _ _ Mr. Stafford stated, that he reser allowed the prisoner to open his money drawer, nor gave him the key ; the key found on the priscuer, although it opened the lock, was not the key belonging to it, which was in Bk. 64affortro office at the time. The prisoner said nothing in his defence, and was fully com mitted. SUPPOSED 3f UDDER of a MOTHER and CHILD. (From the Lrrds Merniry.) KKATIESAGROPCM, MONDAY. JAN. 19. An investigation into a most mysterious occurrence bat wormed the attention of the neighbouring magistrw for the last ten days. A young woman of the name of MaqAill and her child, have suddenlv disappeared from this elaa, aid' under circumstances which hive excited a strong suspicion that they have been moat foully murdered. These circumstances appearing to criminate Mr. Henry Calverley, a substantial tamer, residing at Belmont Farm, about a mile from Knaresborough, he was apprehended about ten days ago. and has undergone three several examinations. These examinations have been private, the magistrates having excluded all persona whatever, but the parties immediately concerned—an exclusion which was extended to a professional gentleman who wished to attend on behalf of the prisoner. As it was understood that the final examination would take plate this day, our Reporter attended fur the purpose of taking notes of the proceedings : but alter a conference with Sir William Ingilby, which led to a discus sion among the magistrates, he was imenned that they had deter mined that the examination should be private, and that as all ap. plications for adtuitumee on the previous examinations had been refused, it was determined that the same rule should be observed on the 'agent occasion. Tim magistrates present at the examina tion to-day were Sir Wm. Ingilby, Hart. ; W. F. L. Scott, and John Willhunson, Esqrs. Having been prevented by this decision of the inagistratea from availing ourselves of the best source of in formation--the hearing with our own ears the depositioua of the different witnesses—we have endeavoured to supply this defect by diligent and impartial inquiry upon the spot, t o we present the following outline of this most stripier case as the substance of the information we have collected : Mr. Henry Calverley, the person against whom thin serious charge is made, is near - fifty years of age, a married man, the father of a large family, and is said to be of rather penurious habits. ochry Gill, a young unmarried woman, about 27 years of age, lived as a domestic servant in the prisoner's family in the year 1822. She quitted his service in the month of September, in the same year, being thee in an advanced state of pregnancy • and at the close of that a the beginning of the following year, she was delivered of a daughter. ?so order of filiation was sought for by Mary Gill, and the prisoner disclaims having had any connexion whatever with her, but evidence was given to show, that he had from time to time paid her money for the maintenance of the child. and it was sur mised that her applications fur money had latterly become importu nate. The child remained with her mother, who seemed much at tached to it., in lodgings at Knarestioreugh, until Saturday, the 4th of October last, in the afternoon of which day Mary Gill returned to her lodgings without the child, which she was known 46 have taken with her, apparently it the greatest distress of mind. On being questioned as to the cause of bee distress, she stated that she had met Mr. Calverley (the prisoner) in Belmont ii'ood, by ap. poinunent, who told her that he would provide a nurse for her child, and would hare it well taken care of, and that upon these assurances she had delivered the child to him, but that as soon as he had received it, he had folded it in his great coat and run off; leaving her in the middle of the wood ; she also stated that she gave him a bundle of child's clothes. The persons to whom Mary Gill made this disclosure blamed her fur her conduct, and advised her to go to him, and insist upon having the child delivered to her. She complied, or professed to comply with this advice, and on her return said she had seen Calverley, who told her that lie had sent the child to Leeds, but that in order to satisfy her anxiety Oa the subject, she should go and see it. It will be obvious to our tenders that this part of the case rests on the declarations of Mary Gill, which, upon trial, could not be given in evidence against the prisoner, but it was proved by other evidence ' that she bad applied to a person to take her to Leeds on the Bth of October in his waggon, and that she had subsequeady called upon hint, end told hull that she would not go in his wag gon, as the father of the child would take her himself. In the a i.. ternom of the Bth of October, this ill-fated young woman left her lodgings for the purpose, as was supposed, of going to Leeds, but she never returned. She was seen, however, towards evening of the following day, at the edge of Belmont Wood, in company with the prisoner, and this was the last time that she was ever seen; but other witnesses speak to the hearing of her voice in the wood and I also the voice of the prisoner. A few days after the supposed de parture of Mary Gill for Leeds, a letter was received hearing the 1 mark of the Leeds post office, purporting to be written by her, which stated that she had got a good plaat at Leeds, that ha child I was well taken care of, and that she would come over to see them at i'litistuitis. This letter put to rest all further inquiry with re spect to her • and it was not until Christmas had passed without the p romise d visit being paid, that any suspicions were entertained on the subject. This letter, there is now every reason to believe, was mitten by the prisoner at his own house, taken to Leeds, and put into the Post-oliice there by himself. Re was proved to have been at Leeds on the day the letter was put into the Post-office ; it MIS written upon a sheet of paper precisely similar to some that was found in the prisoner's house, and the hand-writing was sworn to be the prisoner s.' This seems a proper plate for stating that on the 9th of October a bundle of child's clothes was found by a boy, near a hay-stack, at the edge of Belmont-wood, and which ap peared to have been originally thrust into the hay, and to have been rooted out by the swine, which have been sworn to as the very clothes taken away by the mother before she left her lodgings with the child. A carving-knife was also found in Belmont-wood a few days after, but it has not yet been identified as having belonged to the prisoner. The prisoner said very little during the examination, and merely denied having any connexion with Vary Gill, or knowirg what had become of lam Two witnesses wave eitamined on behalf of the prisoner. The first was a person of the name of Tealc, who had been ninny years husbandry servant to hint. He stated on his examination, that he had seen Mary Gill in Harrow gate-lane, about a fortnight before 31aninnuu., which would be a month after site was missing ; but there was such evident marks of prevarication in the manner in which he gave his testimony, that the magistrates threatened to commit him for perjury ; upon which he distinctly stated that what be bed before stated was false, that he had not seen Mary Gill, and had been induced by the promises of his master to swear that he had.—Faith Stephenson was called to corroborate the evidence of the last witness, but she fainted during the examination. IVhen she recovered, she said she was not sure that the person she had seen was Mary Gill; but that she had been sent for by Calverley to swear it was her. I This is tli substaree of the evidence laid before the magistrates, who hate been indefatigable in their exertions to arrive at the truth • and although much doubt and obscurity still test upon the cas, ;hey have judged the evidence sufficiently strong to justify them In sending the case foe investigation before another tribunal. The prisoner is committed to York Castle on a charge of being vehemently suspected of the wilful merrier of Mary Gill, end of Sarah Gill her daughter. The most active search still continues tot be made for the discovery of the bodies of the mother and infant, and which will not be gas en up so long as the slightest probability lof success remains. _ _ . The prisoner was removed to the county gaol on Tuesday morn ing butt, amidst the murmurings of a very large multitude as. sembled on this melancholy occasion. A letter from our t'orrespondent, dated Thursday. states that no traces of the bodies had been di‘covered, though the search had been continued with unabated activity. MELANCHOLY ACCIDENT..—We regret to state, that three Frenchmen belonging to a fishing vessel in our made, were unfortunately drowned as Saturday evening, about xis o'clock. They had been partaking rather freely of Ste John Barleycorn, at a public-house at lichen, and were returning to their vessel, when one of them tumbled overboard, and the others, in endeavouring to save hint, upset the boat, and all were last. Their 'Joshes have not yet beeo timad.--So..thumpton C74ronecs. THE ARMY. --..__ The head-quarters of the 75th regiment of& wiled on Friday at Portsmouth, on board the W k , , ) transport, from Gibraltar. The 4th and last division of the 211 d (Royal Ilhiak i rk., I sneers) sailed from Cork, on the 14th instant,* lord 'the Prince of Orange transport, for Gibraltar. -.. _ The Ist division of the i3d (Royal Welsh Fusiletts)lhar. arrived at Gibraltar from Cork. The Ist division of the Tith regiment of foot ogle_ from Cork, on the 19th inst. on board the Beaufort trai l s-. port, for Jamaica. The 2d and 3d divisions of the same corps sailed frost; Cork, on the 20th inst. on board the Dorothy Forster, ar4 Palamban transports, for the same destination. It is understood that another regiment of foot will be raised forthwith, to be named the 96th, and that three more regiments of infantry will be raised in March —lt is said that most of the °them of the 96th regiment hr -e been ahead) , named.—Ministerial Paper. MR. PIERCE, OF BRISTOL. TO THE EDITOR OF THE BRITISH PRES.S. SI Pt ,—ln conuquenec of the various, unfounded, sad cunflictin7 reports which have appeared in the newspapers, relative to the my,. tertous disappearance of Mr. harks Pierce, of Bristol, I have been advised to address you, with a view of removing the money..., impressions which those statements, so severely wounding to already lacerated feelings of his family and frient6, are calculated to disseminate. beg to state that I am the son of Mr. Arthur Palmer, of Blis. tot, with whom Mr. Pierce had been in partnership for five 'ear, past, and that being engaged as a pupil tq the oases of Messrs. Clarke, Richards, and 3leticalf, of Chancel-lane, at the time 11r. Pierce's disappearance took place, I immediately wan to Bristol for the purpose of rendering every assistance in my power to my father and the other friends of his unfortunate partner, in their at. tempts to develope the Mae of his disappearance. Having re. mained then for the past fortnight, and having during the whole of that time been anxiously engaged, in conjunction with his other friends, I am of course acquainted with all that has transpired. and I have to enure you most positively, th a t u p to t h e period of my leaving Bristol, which I did by the mail last night, nothin g had occurred tending so throw any light on this mysterious, and, as is much feared, most calamitous aftair. The public will therefore see, that the various reports which have wept into the public pa. pas, inducing a belief that the cease of 31r Pierces absence Las been ascertained, and particularly that which represents his body to have been found In the park between Bristol and Clifton, arc: wholly withort forirdation. Ica:mot omit particularly alluding to a letter which appeared in the Horning Herald of 'I hursday last, and subsequently trans cribed into other papers, purporting to be written by a Bristol co t . respondent, and dated ". Bristol, Jahuary 20." That letter, lam authorised as say, contains a tissue of misrepresentations, most of I which wererefuted, lir a correct article in the British Traveller of the 22d instant—and I should not now advert to it were it not to state that at the moment of my leaving Bristol I was particularly desired to do so by the friends of 3lr. Pierce, who were then urge. then, and who, after reading the letter alluded to, one and all expressed their abhorrence of the feeling which could lead any . fellow-citizen of theirs coolly to give publicity to false. hoods conveying the mos: unjust reflections upon the memory or Mr. Pierce. As I was stepping into the mail last evening at Bristol, I was hastily informed that a statement in one of the papers had gone so far as to represent that there was a defalcation in Mr. Pierce's pariseielrip accounts. I trust I have been misinformed in this re. "poet, but having no time to refer to the several papers to lIICCT. tain the fact ; as I mot immediately transmit this to you, I can only say, that such a report (tor such there must have been, though not inserted In any paper) is as unfounded as it is calumnious; and that my father distinctly stated yesterday, to Ali. Pierre's friends, that in all hie business and pecuniary transactions, Mr. P. was perfectly Carnet. And here I would beg to add, that there is no one circumstance whielt can lead to the belief that Mr. Pierce ham voluntarily absented himself from Bristol ; on the contrary, no doubt whatever is entertained by hi s friends or the public of Bristol, that Mr. Pierce has met with a disastrous end, though the precise means stillSernain involved in obscurity. I have to apologise for troubling you at such length, but trust you will emuuder the occasion a sullicient excuse. I ant, bir, your obedient humble servant, HENRI' A. PALMER. 102, Chancery-lane, Saturday noon, Jan. 24, 1024. JOSEPH HUNT. No further respite had been received for Hunt up to Saturday; but Mr. Harmer, his solicitor, who visited him on Friday, inti mated that his fate would be finally decided this day, and that in all probability, directions would be given for his removal to the Hulks, preparatory to his trensportation for life, as early as - possible. it i s be lieved that there has been more of hypocrby than real feeling in the apparent dep ress io n o f t hi s fellow's - s piriis since his conviction. H.s appetite has never failed him, and from his increased size (the he has become very lusty), it would stern ' that his health has been rather improved than injured by his con finement. Rumours are in circulation that he has made maze im portant confessions to Mr. Harmer ; but we apprehend le had little more to tell beyond what he disclosed previous to his He bas, we understand, confirmed his former statements of the determination foamed by John TheeteU to murder Woods, who wn his rival in the affections of Mies Caroline Noyes, and also to shoot Mr. Barber Beaumont ; and he has also given a few more details of the circumstances attending the murder of particularr. Weave, in which he speaks more decidedly of the conduct of Probert ; but whether dune statements an worthy of credit or not, it is impossible for us to judge. The impression on the olio& of those who have watched his conduct from the moment of his com mitment is, that he would not feel much hesitation in concocting • story to suit his own purpose. Of his own participation in the murder he speaks very lightly, and indeed would insinuate that he is an innocent, and, of youne, an injured man. His communica tions, such as they have been, have been communicated by Mr. Harmer to the Secretary of State for the Home Department. We need scarcely add, that now that Thurtell is not in the way to con tradict him, an opportunity is afforded for any invention to which he may choose to indulge respecting the crimes of that unfortunate man during his life. It would seem from an expression of Thurtell's previous to his trial, that the assertion of Mr. Weave haviog been robbed of a very large sum is more than probable, although the divisions mad* at Probert's cottage on the night of the murder, between Hunt and Probert, was but trifling. Our readers will recollect, that according to all accounts, Thurtell alone committed the dread ful deed ; and, as plunder was his object, it is not very probable he would have contented himself on quitting the body with simply taking the watch, the note case, and the purse. The larger aunt which Ware was believed to carry concealed about his person, was the main inducement to the plot ; and hence it may be natu. rally inferred that Thurtell's first effort was to secure this prize, and once secured, it ie not likely that he would have equally divided it with persons who had shared neither his guilt nor his danger: and we are led the more forcibly to this conclusion, from his laving declared to Mr. Wilson, the Governor of Hertford Gaol, when some conversation took place as to the state of his tunds, that when he got out of prison, he knew where to get twelve hundred pounds. This money, in all likelihood, was that which he took from Wearer, and which he had, with due caution, lodged in a sal: place on his coming to town on the Saturday. It has been asserted by the High Sheriff, the Rev. Chaplain of the Goal, and Mr. Wilson, that the wretched culprit made no confession whatever previous to his execution ; and, indeed, such was the singular delicacy with which he was treated, that there was not a question put to hint with the view of clearing up any of the mysteries which the evidence on the trial had failed to elu cidate. Of the watch which was taken from Mr. %S nothing has bees heard, nor has any certain trace of the larger aunt of money yet been discovered. We understand that Mr. Noel, who was Weare's Solicitor., has succeeded in obtaining some clue to the numbers of the notes, which the deceased was supposed to have had in his possession, and is makieg diligent search after them ; but further nothing has trans pired. Whatever communications were made by Thurtell to his Solicitors, Messrs. Jay and Fenton, they of course cannot, consist. surly with their Moieties, amines and dna, melees from mein deat, many of the details of this atrocious occurrence must remain subjects for speculation.--.S'esdoo Piper. PIONERT.—This atrockaus misareant, we are informed, passed through this city hat week, on his way from Lon don, via Shrewsbury, to Liverpool, in which town he was tmogoised. It is said he embarked there for America, on Friday last. We have but vague authority for this infor mation. Th. Police, we learn, are in search of him, on another charge.—Hunt says that he (Probert) and Thnr tell contrived and executed the late murder.—Ch,,t,r Chronicle. BIRTH& On Wednesday last, In Gratton-street, the Lady of Willinia Thomas Brande, Esq. as son. On the •?22d inst. in Yo►k-stmt, Pi Robert Miller, Egg. of a son. the Lady el MA R 3 I On the 27d inst. at the Friends' Illeetintr, !louse, St. Martin's.... lane MT. lieorge Lovell, of Bristol, to Al argaret, only daughter o f Mr:Corder, of Bruad-street, Bloomsbury. I)I ED. On Fnday, at his house, nen; icOydon, Christopher Toddy, On the 22d inst. at his resideme, l'ulebrook-row, Islington. in the 724 year of his age. Jasper Cox, Esq. Luny years oldie late firm of Collett, Cox, and CO. On Monday last, Mrs. Cooper, relict of Thomas Cooper, Esti. cf lekleshain, Sussex. At Sidmouth, Devon, on the 224 inst. where she went for the IC. cover, of her health, Caroline, only daughter of S. M. Delis. tt Blackheath, Esq. 111611 WATER TIIIB DAY AT LONDON-DRIDOIi• Morning, 20 min. after 111. I Afternoon, 54 rain.after 10. Printed at THE BRITISH PRESS Office, by J. W. Cans oz, 15J, Strand ; and Published by K. lOW Pig"' ill; vet 1 4,0 ha* a& oft dio f ..... 11 K 4 will .1P sail WOW ft.& tE tie av= mai mate A fro!! isle. tsp. maw ... tb , dal V i e