The British Press; or, Morning Literary Advertiser. — London, England, 1804-08-06 00:00:00

11DDL I ESVC imacrom. IRILIIT CORD, aoousT 4. TrreLr r Dar;—Sir Francis Burdett was very much behind, at the early part of the day, but be brought up at the latter end, by a grand re inforcement of his Corps of Reserve : a large party o f s hipwrights from Stepney, Blackwall, &c. rigged a ship winch they heq to a timber carriage, and t h e n manned ship—they were towed by six horses, an d having purple Rap at the main, fore, and mi cen, and the crew bemg decorated with ribbons of the same colour, and extremely joyous, the spedacle had a pretty effed; they were preceded by a caravan with a band of music. They made the port of entfurd at one p. sv. and after taking grogs a- piece, 'floored their vessel, then landed and saluted their commanding officer Burdett, with a discharge of 50 votes. The poll at the hustings, and the passengers on the roed met with less annoyance than usual, in deed the violence of the mob seemed much abated. A maser chimney-sweep, named Lake, being very strongly pressed to go to vote fur Sir Francis Bur dett, said if be went at all, he would go in his work ing dress; that of course was not objeded to, but tPot-as had another point to insist on, he must go with the Noble Laird who canvassed him in his car 'sine to the hustings: the vote must not be lost, and the bralbarg and the sweep sat cheek-by joie in the carriage, to the great amusement of a number of spectators. Ihe vow was received. Sir Francis Burdett obtained a majority of two, en the day's . poll, having polled 72 votes, and Mr. blainwaring 70, and the numbers were declared as follow : For Mr. Mtn wring For Sir Frwici4 Lliirdett . . Majority fur Mr. M.riowaring . 1.8 Si: T8•NcII then addressed the Eleaors thus: Gentlemen! •ra will perceive, by the stateo the poll this day, that our exertions are felt, and, like the tide, begin to turn, and set in our favour. The hope I have previously entertained of success is ircroased this day ; but this day is not the day on which I have flattered myself of receiving the gteat est assistance. I have mentioned Monday, and, under the present circumstances, I can feel no anxiety on the event of Monday's poll. The krieholden will then have proper or poctunity to come up, and guarantee me in the wiertion of our ultimate success. I should not take up your time on the close of each day's poll, were it not necessary to animadvert upon the gross calumnies constantly published in ohe public Prints by my opp •rents ; when you look at their publications and advertisements, you will bad we are con s tantly charged with rrjury, and of being edernies to the Ca.:s• it tat rin ; wheievfi- you regar., their language, ,yrn fiir i it 'till the e ,r , .:9, !rea son .usdpe.jerv. it they non deal in fals,r!inc.,,l, ot.gat to have logennity, and not repeat the same ant of slanri•t creay day, wdch their calumnies have dude; for by yahl,cly traducing the ch.r..tacis of respectable Fret :older, in the county, r:;:l.ce and falsehood are ertupicucnts, and they duce.; t; er..l purposes (i'beri.t.l. Gentlemen, they seem to base adopted a max me, " SuPfielcor for the day " is the IL thereof." But they shoed riseoilec t i, the foulsr their chl:T , • are, the heavier is their responsibility ; they sh • u:.. ant throw out their accusations at random, even : f *ere was fonudation for them; bat refer to e!c proper tribune/. The injury done by their rash Cil• hammy, is obvious. Every man must feel, that the imputation of perjury cermet but involve in ruin, miry perms platted in simatious in life, wherein. 'they carnet be able immediately to vindicate them selves. Many, to whom they have attached such charges, are of that description ; and, I trust, every TORO $0 injured will resent the affront offered him Ey tho-e calumniators, who are as guilty, as if rui:i . zad fallen upon the head of the victims of their sander tat aid type-aril eiv r ri v ). Gentlemen ! among o f publications of the description I have racntioami a pmagraph appeared Ma morning parer of this day. (Here Sir Francis re a d th e f o ll ow i ng ) " Csile —Tbe Marcbsonee t o f SA:iikery desires the f.dit , ,, *nil isarerdiate y marmite a paugraph t whi c h sh e ',iliac% ral wias marlystatatly insert, d In ho paper , stating. toot '1,., ieibe s us.itiber of rot rs to sop?vil on SrSir Frar.eis Seti, me wm'd, on the =Mary, V?rtaerie gm every possilie tattoo 'phut so platessee an enemy of this happy Cont:. Litn. Hatfield, Aug. 2, 11134." " I with toknow,whether a more gross or scoid4- loos libel eau be imagined by the mind of man? end whether it be possehie to imagine a lady of t du rstion could publicly !uppert such an assertion? Ste., 1 am conv:nced, cannot have the least know- Lige ot it; I therefore think it is a vile fabrica tion; bo• as the name of Salisbury has been men tioned. s must say, it has been churisily sent forth toile world. Do not we know the 3farrol of Salu• boy bas had were places, and said more ;dares than any .an to I:Throe? (Lord c6 , ,riag from the popular,.) at not we know he carries the white stick at ('ourt? itese white sticks are magical wands ; and like the 7ecio. when a man touches them all his sense of triotism, and public feeling, is benumbed. teozhiwz anal cheering.) It is too much to •-• k I abould wish to have my cause supported by e Marquis of Salisbury; because, he could not e !bat effed or support to the cause required. nit respee to the Constitution, if it was said I •tre been an enemy to it. I must answer, that 1 "c been a determined oppis^r on every occasion, those corrupt and interested motives which per ade the ~rinds of some Inca. It may be t he ir ar to say-- .• whirs rte worth of a. , e thi.v• " But an which money ag ••,.I*.' b• wg." el' ask, " What is there wanting in our valuable "I'lmation 1" In that sense, the Constitution is in ro them; bistro" dcartont. (Car-ring.) With ch Perilous. I am at issue, and only want to stand taw ground. looking on the liberties of the •;eople et prineiple of the constitution. Be take kave of )ott. I must beg the Freehold s ta come forward on Monday. Many persons .and, they w ill come f orward on a pi4rb ; but e',•ti bean inconwnience, if they do not attend as . 1 7 as possusie. I trust, however, I shall be ably , d b y their ext.:tions, ftr the glory and inde le ,nel , 4 the co u . ity of Middlesex." ' amidst a loud tumult and 'at, spcie as follows G eatienku I it it s :atisfactioa to Mt to say, the numbers of the p o ll s p ea k in that lan:mage they have hitherto spoken for me. I return my grateful thanks to the Freeholders, and I want no other fa vour, than a continuation of their support, while they are for me ; and I have such a majority; I need nut he apprehensive of the event of this con test." (litre Me clamour became so violent, Mat Mr. MuMovaring retired, err obsercm,e); " While the poll speaks for me, I need not speak myself." Sir e'rancis Burdett proceeded to town with the cavalcade he entered Brantford. Lord Foley, the Earl of I; irrymore, the Duchess of Devonshire, and a number of fashionable friends, were with him. The voters before described in the ship, also accom panied him, and gave three cheers to the sound of a boatswain's cat-call. YORK ASSIZES. (Continued Gun our Paper of Tuesday We have been favoured crelusively with a complete series of these interesting Reports by the Editor and Proprietor of that well eondufted Paler The York !triad. risiorr Afer,hall was indifted for giving in pay mer.t to '1 irnothy Harrison, a Bill of Exchange, value 301. which the said Thomas Marshall endorsed by the name of Luke Marsden, whereas, in point of his real name was Thomas Marshall. lie was also charged with having forged the name of Mat thew Todd, endorsed on the bill. Timothy Harrison deposed, that he remembered the Prisoner on the 17th of March last coming to his house to buy a horse, which they at last bar gained for, and he, the Witness, received pay for it in a draft of 201. and the sum of 101. 10s. in notes ; he stated the draft to be clued York, and drawn upon a banking-house in London ; there were also fonr eau.- semcnts upon the back of the bill, one of which was the name " Matthew Todd," the last en dorsee. The Witness, upon being presented with the bill, asked the Prisoner where he lived ; he told the Witness he lived at Tadcast r. The Witness, know in; Matthew 'food, to..k she bill upon his credit, ..sked the Prisoner to endorse his name upon th: ill ; upon which, in Witn,ss's presence, he wrote t..e name " Luke Marsden," which name the Witness did nso know. At first the Witness oil not know the Pm- ner, but afterwards r.coliefted though :eer.ed much alteted in his appearance. Vpeu ',a s p iron-examined by Mr. Rai sr, he said, Cs ac Op. the daft in his d•-bit, but his wife had acc.s, ; he had inquired for a person of t:l7. name of terse Marsden, but could not hear of an.' such pets. H-nay 51 , 41. s'rva't to the Prosecutor, corrobo rated hi . 'e as to the Prisoner's buying the I•otte a his mister. He said, that being a volun tr-i, ae was with s h • regiment to which he belonged out upon pr,rriineat they at Dom - aster; and on g&o,t; out to isercise, he SiVI the Prisoner on the rn.ii horse 646:, but, being in the ranks, he had not an oppsrtanity of t.1.i.; any steps against him ; chit •tpon the house a: which he was q iart• re.l, he feuo:t •he Prisoner sitting drinking, Om din net speak to him, though h was very sure the .sner then saw him, and knew him. ('he '.Vitaess im neliately went to their Majot., Mr. 'l. A. Tayllr. and obtained a warrant for the Pri s sleet apprehen-ion; but upon going with the Cont.* , se to execute the warrant, they found that the Pris,ner had left the house; but had left his hors-; and 'ha' about four days afterwards the Pris eter sent a boy for his horst!, which led to the aiscuvery of where the Prisoner was, and to his ap prehension. The Learned knot, in his address to the Jury, stated it as the law, that the Prisoner had rot been guilty of cowry, because the name " Luke Mars den,' which the Pr i .nner I:ad a.sumed, was a name unknown to the Prisoner, C.ruelore he did not take the Bill upon the credit of :hat name, but, as he expressly said, upon the credit of " Matto .v Todd," whom he knew, and whose nacre appeared as an erclorsce, and there was no eviJence that the Pri soner had forged the non, " .slattliew Todd." The Learned .11'110E said, that a man could not be guilty of forgery by wing the name of another man, unless he meant to obtain credit by it, which was clearly not the c.oe upor the present indramenr. Mr. Ma at DE, on the part of the prosecuCon, stated several cases, to prove the prisoner was guilty of forgery, although he had not obtained credit upon the nameof " Luke Marden," whi.:h was the namehehad signed ; but the JJ.lge continued his opinion, and the Jury merited {dm under the direction of the Judge. The Judge,'opon the motion ot Mr. NIA %Mr, ordered the Prisoser to Ise kept in custotlx, as there were other indictments for the same offence which would be preferred against him. Upon the second i..dictment the Prisoner was tried I•r giving 4 fiCtitiml name upon a bill of exchange of Peter Harriald for the sum of 181. with the intent to defraud the sai.: Peter Harnald. Peter Marnal,l, the Piosecutor, being called, stated that he lived at Kirby-Overblow; and that, on the 12th of March lag, the Prisoner came to purchase a horse of him for 341. for which he paid him a bill of 481. and the remainder in cash. Upon the bill beimg produced, the Witness swore t o the iniorsernentthereon of the name of Luke Mar,den, to have been made by the Prkiner in his, the Pio secutor's, presence; that he, the Prosecutor, did not question the bill, as it was printed like all other bankers' or merchants' drafts, and drawn upon a good bank in London. genre they agreed about the horse, the Witness asked the Prisoner where he lived; the Prisoner replied, I live in York, in Walmgate;" but did not ask the Prisoner wing trade or business he was. The Prosecutor raid, he lived about twenty miles from York, and that after re ceiving the bi!l from the Ptisimer, he offered it for payment to the Knare•bro' bank • but they refused to take it in payment, alleging, that they had other bills of the same kind that had been returned : ter they had refused taking it, he immediately went to York in search of Luke Marsden ; but, alter grid inquiry, could find no such person, and was told no such person had ever lived in Walmgate ; and never heard any thing of the Prisoner until he heard he was in custody upon another charge. 'I he Prosecutor stated, that after that he endorsed the b:il, and gave it into the hands of a Mr. Stocks to send to London for acceptauee, aid previously en dorsed his name upon it ; and that it was af er wards returned to the Pros-ctuor by Mr. Stocks by the pog, without being noted for non-payment The Prosecutor suited, flit the ntm:s before '"Luke ' • Marsden" were endnrsed upon it before he rec::!scd the b;11, and is quite sure of the name " .Jo• Ash Wood" being upon it before he received it. He said, he did not pay the bill to Mr. Stocks', but only requested him, as a friend, to send it for ac • ceptance. Upon being cross-examined by Mr. Rainy, he said, he should not have received the bill; if the Prisoner had writton upon it iny other name than Luke Marsden. lie said, he thought the Prisoner a good looking man, and therefore did not dispute Benjamin Stocks proved receiving the bill from the Prosecutor to send to London tor acceptance, which he did; and it was returned to him by letter from his correspondent unaccepted. Thomas Atkinson, an inhabitant in Walmgate, York, stated, that he had lived in Walm:Tate about a year and a quarter, but before then had lived in Micklegate ; that he had known the Prisoner about four years. and had once had dealings with him ; that the Prisoner, for the first two years that he had any knowledge of him, lived in ‘Valmiate, and had left k about two yeats ; whilst he lived in Walmgate, he knew that the Prisoner was a lodger, and that he was known by the name of Thomas Marshall, and never known by any other name, of called by any other name. Upon being cross-examined by Mr. RAIN!, he said. that he had heard a report that the Prisoner had gone by the name of Luke Marsden. He ad mitted that the Prisoner might have continued in Walmgate, for any thing be knew, and might have gone by any other name without his, the Witness's, knowing it. Matth:w Horsley, an inhabitant in Walmgate, proved the same as the preceding Witness. Jahn Hooker, also an inhabitant in Walmgate, proved t..T same as the twe preceding Witnesses. Tilorn a % larrop, Bailiff at Dewsbury, proved the -sarr. 45 np. n the preceding indi,tment. I t.....1ud ! ;e took occasion to observe, that the evi dence f the bill having been presented for accept ance h• Loncit.n, was not that sort of legal testimo ny which the law looked for; the person who pre sented the bill ought to have been produced in Court, to have proved it, instead of the proof which had been offered. The Prisoner, on being called upon for his de fence, said, tha t he had given value for the bill, and that he went by the respeeive names of joke Mar shall and Luke Menefee, but produced no evidence. The Judge, in his charge to the Jury, stated, that it was a question in law, whether this charge amounted to a forgery or was a cheat. The next question was, whether it was a good bill or not. The Prisoner's silence in not producing Pratt, the drawer of the bill, and who is said to live in York, is presumptive evidence that Pratt did not draw the bill ; but if even the bill was drawn by Pratt, the putting a forged eniorsement upon it was capital. A forgery consists of making a false re -714e presentation and a false assignm en t o f a • le bill, by the name of L u k e Alerederi. of W . York, when his real n ame was Themes 31arsiel . and not living there at the time, in his I.ordsltip's mind, amounted to forsery ; but if the Counsel for the Prison: wished it, his Lordship said he would take the opinion of the twelve Judges upon the case. 'f he Jury returned a verdtd of—G.ldtv ; and the Pri.oner received sentence of Death. He was left for execution. yeast/tan Ellis, of Rotherham, in the West 111- ding, was inditied for an assault upon Elizabeth Widdison, of Adwick-upon-[)earn. in the said Ri ding, sin gle - woman , by having c a r na l k now l e d ge o f her, against her power, will, and consent. Elizabeth Widdison said she was turned 15 years of age, and has a father and mother living ; her father is a labourer. That she never knew the Pri soner until the sth day of May last, the day on winch the Prisoner had committed the crime for which he stood charged. She stated. that on that day she had been at her uncle's, at Mezbro', in the morning, and upon her return, about ten o'clock in the morning, alone, she met the Prisoner at a cross road, upon which he asked her the road to Swinton, and that she directed him through some closes : he replied, " If I go through these closes ; they will happen play the devil with me." The Witness then replied, they will not ; they are no such people. But instead of going the toad which she dire/led hint, he went oa the road on which she was going, for about 100 yards; when they got near the hedge-side, the Prisoner said " D--n thee, kiss thee." The Witness stated, that she had then a swiffie in her hand, which she threw down, and ran back for about 100 yards, en the road to Mritbro, whilst the Prisoner pursued her until he caught her, and threw her down: after much struggling with him, she got up again. after which, by his superior strength, he threw her down, a second time. (We omit here that part of her evidence which went i . e.y to prove the charge.) The Prisosser then got up and left her, after saying " D — nthee.gohonse, and tell thy mother thou haw fallen in the med." Witness said she was very dirty, owing to struggling so much with the Prisoner. Upon being asked by the Judge how far distant the place was from Mez bro'; she answered, It is about a quarter of a mile ;" and during the time the Prisoner was at tacking her, she did not perceive any one upon the road. That at the time the Prisoner and she were struggling, he throttled her so hard, that she could not call out so loudly as she otherwise could have done; yet she did continue to do it with all the strength in her power. After the Prisoner left her, instead of prove: ding 'on the mad to her father's, she returned to her uncle's, and immediately ac quainted him with what had happened ; after which her uncle went with her to her father's, and imme diately informed her father and mother of the cir cumstances: upon which they instantly proceeded in search of the Pm tier, but did not find him on that day, but found him at Rotherham on the Tuesday after :—upon seeing him, she immediately recog nised him, and pointed him out ; her father had Hiss taken up the day before. She had no doubt of the identity of the Prisoner.--Here the learned Judge questioned the Witness respefting some cir cumstances relative to the criminal ad, uhch she answered in a very colleted manner. lie Father was next called t—up , in bcing asked by thedo oaswhether his d.sugliter was of a gold p,,incin, and had always bore a good ci , aracler ; he replied, she has always been a good gvi, and even suspicion had never re.ted upon her ch,iraeler. Witness cortoborited that part of the preceslini Vritncss's evidence, of returning aecoospenied whit her Uncle about. twelve o'clock nn the .sth of May last, and that she was sadly daubed with dirt, and her arms vet y severely stretched ; she was also cry , ing very severely ; and told the Witness and, her mother that a man had ruined her. He eonfobo rated also th.it part of the evidence of their seareka ing for the Prisoner on that day, without success but that he heard the nest day of a person answetr inn the description of the Prisoner, who Wag seen on tit,: road to Rotherham ; upon which information thr NVitness went to Rotherham and found the Pria toner, nod had him taken up on suspicion I and, whien taken up, he did not deny the charge. He corroborated also the evidence of his daughter, namely, that, upon the Prisoner being seen by his daughter, she immediately recognised him. Tice Witness further said, that the midwife and his wife examined his daughter, and that he immediately perceived on the countenance of his wife visible marks of sorrow. Upon being asked why his wife and the midwife were not produced? lie said his wife r, as great with child, and he was to.) poor to bring toe midwife; and besides, the committing Maps. trate told him, it was not necessary for any more than his daughter and himself to come to York. There were no Counsel on the part of the prose cution, or for the Prisoner; but the Learned Judge, in his observations to the Jury, pointed out the case so clearly, that they almost immediately returned a verdia of—Guilty—left for execution. SURREY ASSIZES. GUILDFORD, ♦UGUST S. CIVIL SIDE. Blare Mr. tier / r.lnt RUNNINGTON. THE DUKE OF NORFOLK v. HAMMOND. This was an anion by the N , lble Duke against the Defendant, who kept the White Linn at Dork ing, for an encroachment on his right of holding the market and taking the tolls. The Defendant had opened a ro'on in his house, which wag cars* the Subscription-room, to which several fanners resorted, and sold their corn, and upon the goods there sold the Defendant refused to admit the lessee of the tolls to take his accustomed t.iil. To prove the right of the market, Mr. Serjeant Su EFTA no pro duced the copy of an old record, 'the original of which was in the Chapter House at Westminster, by which Edward the First, by his writ of gee warranty, called upon the Earl of Warwick to skew by what title he claimed to hold a market at Oork ing, on Mondays and Thursdays? The judgment on that Writ was as follows :—" Thy Jury say, that the Karl hiici not encroached on the rights of the Crown, Wm dialogs, est good eel sloe die." Other deeds were also produced of leases of the tolls to different persons, John Stedman, aged 72, said, he had lived at Dorking all his life, there. was ali►ays a market on Monday, and toll was always paid to the Duke.— His father before him had told him it was always so. The earliest he remembered was when Jenny Wil lard and Let Tielatard took toll. It was many years ago, but he could not tell how many—but it was a dish out of every sack. Two other ol I witnesses proved the same fans. John Wood proved that the Defendant had set up an inner room, w::^re the farmers dealt, and than he had been refused his toils on the pound that he had no just right to any upon c. rn sill in that room. He had always collened tolls for the lessees of the Duke, upon corn sold ;n the market. Mr. Serjeant Bur, admitting be had no answer tl this case, the Plaintiff had a verdin ; but as it was merely intended to settle the question of sight, only one shilling damages were taken. CROWN SIDS:. Before Mr. Bale,' Hangar. MANSLAUGHTER. Saunders was arraigned on the Coroner's Inquest, for killing and slaying Benjamin %lit more. The prisoner was a country lad about eighteen, and the deceased was about the same age s bsiug together at Ryegate fair on last Whit-Monday, they had a dispute about some gingerbread nuts, up on which the deceased offered to fight the ntilon.r fur a shilling; he cleaned the wager, bu, agreed to fight. The deceased got a fall, which disah ei him from rising again, and it turned out that he a t re ceived a concussion of the braiu, of which he died in a few hours. The prisoner was found Gadtn. The Learned Judge fined him a shilling, and ordered him to be discharged. Joke Sinn was indifted for stealing a horse, the property of James Webb. The Prosecutor stated, that he lost his horse from Linsehouse on &sudsy morning last, and having rea. son to suspeQ the Prisoner, he traced him to the ne'gbbotsrhood of Guildford, where he found him, and allied him to be apprehended. The reason he suspeaeil the Prisoner was, that be bad been in the Prosecutor's stable in the morning, and observed that the horse was out of condition. Tie prisoner admitted that he took the horse, but dried that be meant to steal it. He said he had worked with the prosecutor about three months ago. and that he then had asked him to lend him the horse to fetch his wife up from this part of the coon. try ; and intending to set off early on the Sunday morning, he thought he might venture to take his master's horse. He added, that as a proof of it, no one could say that he ever offered the horse to sale. or that he had represented it to be his own. The Plosecutor, being called back. said, it was true the Prisoner had a <irked with him for three months, and, during that time, had behaved very well : an innkeeper also, on the road where the Prisoner stopped, said, the Prisoner told him he was come that way to fetch his wife, and that he must insare• diately return with the bone. The Jury deliberated at short time, and found the Pr isoner—Gati , e. CatAersle Cleve+ was in the calendar on the charge of murdering her bAstard child, but tbe Grand Jury threw out the The Home Circuit here finished, which, neither in the Civil or Criminal side, has afforded any ma. terial ca,e. The gaols throughout have been very trio, and only see culprit on the whole circuit has been lett for etectttio•i, that is Irensoedy, the sotther of the 14th, convided at Lewes of a huiTi.sry, At tended with some circttmstances of emelt!, as we reported. In this plate tour received sensetee of Death, bat were repriced before the Jodge r'• euwrs. _ 4 C.- rJa) ts a ii IL Nor. this x sig