The Sun. — London, England, 1823-07-25 00:00:00

. e nnui:mots. He pointed to a staireate, and - Wiseman end' he went up. Ile saw Jephson painted on a door. He knocked, but - received no answer. lie and Wiseman then walked in St. sohn'a Walks, until' St. Mary's chimes struck nine o'cloelte they then went to the front gate of the college, the wicket of ..which only was open. Ile spoke to tleorge king, the porter; abd in coneequenc.o of what lie raid, we went into All-Seine* Church. We returned to the Coll ege at a get er ter before if/nit:lock, astd.:M Ge Ring agent. I sawetnd spoke to a man of the table of ' Everitt. lese a t to the defendant's roonn_and, having knocked, the defendant said, "" Come in." • The defendant when he yew ue, ...xeid, " Are you the two men who had me in hold list night ?", 'he trembled very much. 1 answered " We are," and I added, ;putting m*ar hand on his shoulder, "No one knows yonr mime but us two. Here is your watch--it is of. no use to um." De-e !Cadent was much agitated, and said, " Co, eta, tram* my A.0" ,1 0 or ' I will call, somebody." Witnese maul, " YOU .are welcome 'to' call, .1 will, help you." He. intmetiretely 'aid, "'Hush netteh t not so hind." This wee on the.landingeplace. 1 4ritstese &Rowed him into his room, and xaid,. " fray, bar, hear . wee." Derftoditnt exclaimed; trembling mueli in, hie sneech•-•- '" Ctl) otit, - ga out of my room." C. tirreetnan, - Who *as on the. S t a. " e'i l lt ; tUOUt* 44 Hart, come out of his room,'." WWI witnesx „.4,14. When witness lefetherooni, die defendent shut the deor as iruielfetehe Could. On Sandey morning witness.Wesappre hetetettlay Shallow the 'constable, end taken before Alderman A brat. •• The defendant was not preitente Witness was detained et Alt. Abbot's house from eleven .till prix on Sunday, : and was then diechaeged. NVittess and the others had et very good dinner at ehe house of, Mr. Shallow. They also received a pound ti t pieceefor the watch. The tienßutteree Wiaeman, Welch e enta :whitest Wheat the dinners, The Butters ,were not ut that enete . in.eutstody.. They also teCeived I/. ,ettcli. , ' .• • Croee-examined by the COMMON SEIWEANT:-.-I.asked for Mreeleplown's rooms, because the defendant told me, on Fri. day rod= ; that - that wag hie name.' . I did - tioe mention, ehat bee eltre, :•Pr . i * thrgite it. , He alas) told me hia•Collegeiandiseid, ' '' s wl:leere in 11 conapiracy-agifnet • him." , When .I).Cainetup to the defeffante he oteet in a stooping tettimile,ne-onelweelkbelf ,l carilletilineel P.': The defendant bid me le aek•the boy NV Itetiftri he hail brit any thing wrong:" '': I fbrget tueriell don clean tet the Magistrate. I did riot ask the boy that tittaitioli: I 'said -dre.:, thineibeef girtte 'neither did 'hoer any one'eleedce so. He einbratid Weide 'teveral timee. , • Ho was erninneing him, ned convereing perhaps .dtiring the course of five minute'- - - I saida" Milk I would. take him through, the streets like the Illahtlee% , I •:tiaw• the defendant give %Veldt'. lie 'Gil. at the gape betides what he gave hits in the field.. 1 mentioned that to •thee nagietrite. :When ;.the defendant 'steeed his :raise, the nett df the party might have heard it, if their ears were ' operte - TheY ,were near enough. I afterwarde ;asked the othergeelrether they knew the . defendant's name? -' They an. saver d, "'No ;" - otncl I • refueed to. tell thine; the defendant had filbnded- so hard ,for mercy, I kept it.frotti eheni in mercy to Pith, "1' did riot know that Shallow the Om:table was•after the ote Saturday. I was at work all day ete•se. §ilinon's, nexe tes thy•ustiel place of residence. I Was arresteit•bn the Sun . clay:` . 11cithre I was examined, 1 was told that I Weida have to answer a•eharee which Mr. Jeplison had made..: The constable told ilei that Mr. Jephson had made a „cleiege egainet mee When I frac made my appearance before Altleithan Abbott, • Mr; Jephian's depositions were read over to tae.. Mr., Carri e ,gateaelie *sole.' (The .witness here corrected himself with .ree :mete t 6 the depositions having_ been read . over to hint. He said, ' :hat htelling ad whatsoever h a read over to him at Mr. A bleit`e.l The Common Serjcant asked wh'ether, when the memos WA brought before .Mr. Abbott, '. he' was not told by Mr. Carrigan that Mr. Jephson,intil Made a complaint .with reepeetlbbirn on the preceding evening i. Mr. Nit 31t objected to this gtleation, the propiiety of which was :supported by Mr. DENAIA?.4. , .. - Mr. Sereeatit Bieeetat au rr.ruled that, the gueilidn ought to •be put. , The qaeetion was then proposed to the witnees, who said— Mr. Carrigan did not. mention to me, nor in my presence, that Mi. Jephson had made n complaint against me. I was taken up again on the Thursday. On the Friday I was examined, .and I then heard the charge from Mr. Jepheon hiniself. Two were examined on Thursday night, and lon Friday. The de :fend:lnt nnderwent a cross-ettmination by Mr. Peptic, who was present. I was liberated on the Friday. Mr. Bays, the attorney In this vroseentitin, Was present. Ile acted as my attorney,— When I was liberated, rand the rest of the party put blue 6- bands in our hats, and paraded the town. A paper Was drawn up by Mr. Bayseandl endeavoured, by exhibiting it, to proeure money. to pay the expense which we were at. I /looted After I had . gene to three houses, I' mean the expellee of 'counsel and at torney, and other charges connected with the business. The R. 12s:fid. Wee !inept of dotime.. There was a legit gentlem an present to assist the Magistrate with his edviee. • I stated lii• fore the Alagietratti that I told Mr..leplison I would take him through the streets like the . Bishop. They discharged nie afterwards. I have not lived long in Barnwell; I have been married four veers next October. My wife is supported in eat honest'way t - I work for her. Do yott ever accommodate any of yo u r friends with your wife ii—Witness (witli great warm), N 0 , ,; Sir no mare than yokt do with you: wile.., . . . . ite,esamined.—"it the examination before the Magistrates an Thursday, Counsellor Starke' appeared for Mr. Jephson. Mr. Pemberton and Mr. Atchison were" also present on the part of the defendatit on Friday.' I Wei inerelyenld to gate what I had to say. . We - were' examined site - irately, and kept apart eft& being examined. It was after this second discharge that we wore the ribands: • We did so to shdiv our innocence. About two hours after we were discharged on Teiday, we pre •terrtcl the charge against the defendant. • I am myself able to carry on a prosecution. I am a journeyman cabinet-maker, . , wad earn lflp.. a week, I.have a wife and child. - • George Whientan lives in Barnwell, and is a:labouring man. • :The witness relined his having gone with Hart, the two But ters, Langhatn, and Welch; to the field Where the - defendant :lsh tho eppointmetinwith Welch, and narrated the drench . emcees Which occurred,.'•and -the expressions Abet were used, ' mostly as they were described by the last witness. ' Cresseexasnined by • the COfribiON' SELMA:gr.—I - d not swear to any deposition, nei th er • did I see the deposit ion of , Joseph Hart. I had part of the dinner a Shallow's, part of the ni , iney, and part of the watch. I .did 'not. go about with blue 'at:tied& We were very comfortable at Shallow's . . I did not say to the parties.—" You hayedone this well, and there is %trades min in Cambridge whom we will nectike next." - I die not re. . ,eullect such a eonvereetion. I do not remember the name of • •,ftr• l 7' tradesman ioletet used. • Ican swear that I did not beer ,soy man's name mentioned as being guilty of th at. I did not hew any tradesman mentioned as a person to be accused. -I ;• , eittbarthett eo :such thing occurred. , . . utters44rtn..tr de used that' ha e was tabettrin'g man, and r Int on the dith Of nay, along with 'Welch and e ehe others to the Uhl which had been pointed out by Welch; urbii . Willie" want tnrnitgh a disgusting statement of the circumstances which' had been detailed by the preceding witnem.l . ' '. : • . ...Croseiexamined Lay the ComeroruSEnorAtiv.—l took hold . sef e ehe boy when he ,crossed over the ditch', ',Sheller-0 no one • fit: e wok hold of him, r •swea: I did not Nev :W. Jalth 3 " • e coetiore his name at all. I. d u not recollect' thaf'St. Juhn's '.; Ceillege, we* pleptioned. r.hild.lny allay! of niciney,ll. 12s. .441, : i f y 414. abqut with blue rib a t h ii, but notiO.get tflOaaYe MI meopt ,Witietrian and Zetighaiti went out. ',hex° never been ' ie:•teat laeltie or.dodging•young men and women about Ole gelds. I tov.:r said that I had beettin the habit nr doing ti. f never - tiiimi to a Pelson of the natne of gree. Carter about these , ' lit.tTfa Ilium VlTrri. Carter, but 1 noep toid him that I got Ln"„ ol .4` LO dOif,ing"PePPle libOtki . . ' - ' ' • ' ' ' • Aillr,Cit 1411”4 , 40 gap ovida,c4 41 the . s4i,TO effect the 443 t witc ass. ~,,,,:„. ,i . / ~ . . ~..:,, , ,-..ktiiii. T o al . gbim also thipzuil to tlia'glinSfict4: ': Ile staled, .beeidoe tat . .teiels, in etne.afternoon • pellif. Ithla ,of May," • W * o o4o ol l Al;feladant i,7 nereti; etibee,W l 6:eteseetnin tierOgli, 1 ni 4141,M7 , .:11. ; la; thfistaf, .f4r3, I.4alig, OW Opts Oit&parsona., Wticti said, ‘4' , l'd swear th at's Mt. Jephanq' ' 'tirltmeas re- . ceived stone , of the neon_ ,ee,. . en,44-egArointitifY AV: Cfftfi.un..—T odefendant•said, " I lAiec, tiotidrix left but my Vetch, end ilgive that fredY-" I esee the noses green. 1 did no lee She silver. .. . . a t ow co u it.T.,—T first 'ear , the defendant corning down by •• .'.4!"hklilc,i< whir .wa;:h. i I oftlrtvards-www hint in. the ditch. I .. rase }tan t kbutten Ilia breeches n the,ilace.iehere we took hits ---ia .ti;,i 'ilitA',ll, -I saw ptitling panteul:..r . in !hic.drese. Ile ee, f f! h !;h ire roar *tat O r, oe:tees: UrAtY' nothing 'Articular about ... 4,l' r vtit of hilt elotbtil lathattitne. I .5.43V.W01C1A and defelldArtt Ci,:rl,• o ; do W 71 the'Ailiak :, .thoy ware close together. le'leebetli Betters lives at Marti vrell. I:tenet- eg et end Welch , fere dining ather Imola Oh tha . Fritley,befere7.iart, Welch, *ea . nee ul.lers were telteri un. - Welch 10. W it gentleman go by, arl4-hainiroatliittay TM; "" Illen :s the gunk :Hall,anti he could ;spear to hilt, whet: he was 40 meet," She.did,not know the geetiernen. . , . . , Gieenneaaniinial be the Cometote-Siettiigeelernel :cani n g sky, that te the genttemsn.—(Mr. dephaon wive pointed out to velenee,e):-. The gentleman, r:thiult, war* A bleek e roat. lie lan! a hat, riot a ten tirkti4 head. , I, wars not sent for before the , to azi,;tritth Whi.:llllle,partieti were. taken Up. if imee I;oidiog wait at,Barnwel!.on' the Ifich of last May.— ' Lila; ;;,gave;;,gaveWelch end the two Betters,: . Welch told bine and ale two riettereehat he extieeted to Meeteorne,persona in the even. t *Ulf.' Welell showed witnese hie trowseis 4 . they were , . torn he istA. ' He . fihOy434 al&tli a eiepenee, anti said a gentlemen had givall it tu_hitn. We were unwilling to belleve.Whet he told us. •• ' Proee-extentrred•iley,elir. Cnorgit,/ did net believe, him at first, I did noleyn, with hits the fieid. ' ... • . fre' examined•---I bgiievea-iiihi afterwards. I aid not at first th,inic l an was telling truth. , ' - ' Robert Sehoon ex/mined. -4 Den a cabinetemaker. Hart vinike with me. I saw Welch no. site Idth of Meet. I had some l ieiveceettitm veith him. Ile expected to ;11% , ‘ e person in the .evening. Ile did pot ,anew me his trowsert. seid he kaa got 6d. Ile did.not ask me to go with him. Mary Sahnon lived at Barnwell.—She recollected seeing Welch on the 16th of May last, He spoke of seeing a feentle; man that night, Hart and several other perstins were-there. Cross-examined by Mr. Coormu.-1 did net go befcce the Magistrate on this or any other occasion. .. Win. iiveri,t,nne of the servants ofot, John'e College saw Hart at .the gate: of the College on die night • of the 1 7th of Mar. Ile saw him speaking to the gate-keeper. .trose-examined by the Cols MON SEII.JEANT.I do not km* that the defendant called'on'Mr. Carrighart during the Saturday.- He was tretpaentle in the courts, I have been abdut 19 years connected -whit the college, and never knew a man of more chaste, virtuous, and correct character and conver sation. I know the del'eralant left rainbridge for Londorrun the Sunday. but I don't know at what time .. I did no;. : see him after nine o'clock in the morning. I waited upon. him ; but did not put up any clothes for him on that day. James Orange, a labooret., watt Working in the gravel:pits at Barnwell, in 'May last. He 'did not work on the 16th, it was so rainy. bicherd Hart anti Thomaa Buieidge deposed to therepairing of certain fences on the premises v'hcre the offence was said to have been committed, inibeectuently to the pith of 31tty last. Anna Markham lives at•Barnwell, and: knows Jas. Welch, `,whose aunt she is. , She reeneeibere Fridey, the 16th of May,e ' on which day Welch told her something about meeting a gen. - tleman. I saw Mr trnwsers. • They. • were, not torn in the morning, but they were: torn when ,be.caMe home. She had no conversation with hirq as to what took plece in the morning.• Abbott; Ese.—l'etil a Magistrate of. this wen.— The defendant made a complaint to tne of certain petsons unknown on the 17th of May, which .sees. withdrawn - 0U the Sunday following. rtothie., c harge was tirade on, the . Thure. slay following against flan, Weiemini; end::Botters, That elste was disiniesed. the Friday . evening....,-2).'ehtiviee WWI ensile -on the - same evening aga inst „ I lephson, .31r, Pryme attended ; for the prosecution, Mr, "Storks Witt pre gent for the defenlant. Mr. Hunt-was my seseisor. - ...-Hart was thkortly witness examined in support ofahe charge. He was not cross-examined. • Recognizance' -werii.entered into by the defendant on the evidence-el that fle gave security him 'self in 600/. and two sureties in 3091. each. The witness pro duced the depositions mane -14 , Mr. Jepbsen en the Saturday and on Thitreclay.l Neither Wieeertan, Hart ,"tier tapi'df the - other parties were eWorn, when accused by'Mn.Jeplisen'. Hart was sworn When he came - fotward to make his charge on the Friday.: Thedtpositions• were their milt %They • were -both precisely the same except that on Saturday the accusation was against persona unknown; but on the 'Thursday the tunnel of. the ,parnes accased were mentioned. • The deponent stated, that in retorting frail) the Cherry.flinton•-road, he entered a field for an occasion of nittla.e. 'A bay was in the field, who annoy ed him very touch, by e gaing •about hint.. The boy whistled in a curious manner. .11e asked 'hint what he whistled for? He answered " I always whistle'. When I' am • alone." .Depo nent then wished to "o into another field, and asked the boy whether there was a gap ? • ..The boy said, in a surly tone, "It' you look, you may find Deponentehen went through a gap into the corner of another field, and took down hie small clothes. At that moment several men rushed on him. One• of them said, " Qlt I we've-found you 'it lest—you are very punctual." Ile asked Whether they were going to murder him ? They said, " No ; we'll take pia to Purchates, like the Bishop. There would be plenty • of girls to- look at him." Deponent now perceived that they wiehed to charge him with an unite- Ural crime. He told them his name and College, and that he would go with them . -to Mr. Alderman Purchas. .Two. of the men had hold of, the boy. One .of the men ;aid— " If you give us money enough, we'll let you go."' • At this time the deponenew strowsers were down;: 'hut he was now per milted to pull them up, 'and, - anxious to free himself from the persons who surrounded. him, he put his hand in his pocket and gave them three one pound Cambridge bank notes and 9s. 6d. One of them said, " That is not enough." Another observed, " Perhaps the gentleman has a watch." On tellich deponent took his wetch from his waistcoat pocket and gave it to him. The y then let him go, and when lie 'entee e d . College. before he proceeded to-his own chambers, lie went to those of his friend Mr. •Carrighan, -and related all the circumstances. The next day he.mene a depoSition before Mr. Abbot. • Appended to the deposition wax an account - of the croie-exa. mination etf Mr. .lephson by Mr. Pryme, at the time of his making the second charge. Ile then admitted that, 'on the morning of the l'6th• of Alay, ho went along -by the field de scribed by Welch: Ile could not Say the men demanded mo ney, but he did not. give Up his moo , or his ~ watch until he understood, from the language that was used, that. there Vas . an intention to charge hint with an unnatural offence. On Si- Willey he learned item Abe name of one of the men was Hart. He did not state that to the Alegietrate. . lie, went to l e endon , on Sunday, and ori; his • return- inquired whet steps had been taken, as he had authorised his Ken& to act generally for hint. Mr. Abbott, ecoss-esatti luta bY 014st:0)am° LIU E W lines% hai been Magistrate for 13, years. Never knew a man who bore a higher character than the def.,:ndent. M son called at my hatise, burdid not , sce me. I, in consequence. waited onlhim. Mr. Jepliaon, Mr. Cureighati, and Dr. Haviland were not, at one titue,.itt thy louse, 'on the Saturday; but I saw them all, and conversed with them on the subject. • hart came before me °tribe following day, and made a statement .1 don't know of my own knowledge when Mr: Jephson left Cam bridge. 1 did not see Mr. '..leplison after the name' f Han was known, front the Saturday until. the following Thursday. This charge was withdrawn. -.The 81, to. which allu it ioa has been made, as having been distributed werteraised by three gentlemen in my dining-1-OM. Dr. Havilend, I be lieve, handed them over. 1 cannot Say whether Mr. Jephson Ai or did not know :thy thing about thent. Mr. Jephson and Mr. Atcheson. came to me on the Thursday. I advised them not to proceed, until Mr. Prytne cattle. He was, however, busy elsewhere, and the btiainen.vrept on before he came. - By Mr. PR Y M'E.—The depositions of Mr. Jephson were taken before you (Aar. Pryme) came, and they were afterwarl4 teed ever to you. • . .Janies Savage had surveyed the grounit , and made a plate of it. In the road leading.to the cricket.ground, there is a gate, which does not fill the road. Tiler() is a hedge at each side of it. The hedge is about eight feet high. -, The toed Le about 20 feet broad. l'he gate not mete than nine feet. If a person wanted to quit the road for a purpose of nature, the hedge would be a place private enough. • -Ctotes-examited btethe COMMON Strio eat/v.—lt was im possible for any ' person to:see to the right ,and left from the gate. You cotild see up the ditch and road from the - gate, but unless you opened the gate or looked over it, you could MR sea a person in lite position Ise spoke Of. ' , ,By the CotenT.—lt is not it public road. A person coming from the cricket-grennil could see an individual by this hedge —but an individual on the Main' road could nut.• This was:the case far the prosecution. ' The Cox 4(Ole SERGEANT, who appeared much exhausted from having' 'cress-examined nil die witnesses for the prosecu tion exeepting two, the defendinee other Counsel being engag‘d in the other Court,. itaid,'•-it now became his duty to offer to the Court and Jury such argetuer.ts and observations as were ne emery to the cause of the defendant—a man holding a consi derable Mari of refined eduation—a tvan of duet profession whic.ii should proclaim him untimervingtif any criminal charge wboteven and lout of all it charge so disgust. ing and -disgraceful, in its nature--:a nian also, who, • as they had heard from twa Witnesees who 'knew him, was ever con sidered before. the present -moment . as a person of excel lent morals, etnelecif Most unexceptionahle character. They were called on to believe thatthie,getitleman had not only for gotten the eltaMeter be bad 10 , 1 6 / 1 6 and eo:unifernity borne, not only that - he: had ceminleted:ittmettlf ,to :the mercy of the low stranger wlioin he, accidentallyenet in a temete piece, not only that he had eubiiiittect:to pure!easethe - sdenCe of - the wit .messes with respeezw thttintatliMitrlktAbrou , Kb t Ag ai ll'i t hi "' but that ha hu4, thought proper- to brtng his infamy before a Magistrate . tn the first place; 'arld'hifote a Jury of:lns•cotintry in thonext, merely Wet hte might by:hin owo;reisb teetcdeprive itbnself of the benefie of that secrecy evitich he was said to have purchased. ,4,t least tic : Tighe v. shire to bbeervee that when a charge bf this kind was made; it taught •teebe founded on the evidence •of witnesses riot -noly.:rinttleiTOtie and strong, but reputable, conabgent,-wieli thernselves,, and uncontmdicted by others ; . and receiving all the ccinfirtnation which the na ture of the 'vette demanded:- His Learned Friend, who in his eloquent and , etisboratte address had occupied two hours in laying before tli4 eotirt every, thing that could operate a w o o tn i e n t rt th p e a d e e.fe o lein ite t erni b b it i t n l g • told their' that the buinan mind effectually- the tide of prejudice which such a (::cie, thi s was ealtilated to produce ; and he called on them to dismiss from their m emories every thing that was not proved t ie oath bef ore the 'Court.. This WAS a very, wholesome admonition ; and he would add, that it was more difficult to guard 'against prejudice : in this entre than in any other vriuttever, otter din ehirge had been made in all cornpeniee-e.in all Newspapers--after it bad been made the common topic of barbarous, relentless, heartleas s deatrue. five calumny. This case was now brought before them ' and with the prejudice; which had been thus generated, the defend. ant bad to contend. in deciding on such u case, the most well meaning men ought to'guard against their feelings ; for the greater tlieir integrity, anti the more pure their minds, the deeper would be their hatred anti detestation of this crime t and good men were but too ready-to rush to the conviction of the truth of etch a charge, bac:singe, when it. was made, limn imity and nature stint their eye% against it, and refused to enter into the loatle. some investigation. ritany of the observations of his Learned Friend, and much of the evidence, did cot bear on the case, and coufd.have no other effect than to exhaust the mired and distract the attention. They had been now ilearly 1(1 boors on this case, and he would ielk whether witness after witnese had not ceJled into the box, of whom he did not think it necessary to ask a single question,- because ; the eet idence did .not affect-' the charge. Of what consequence was the evidence of Richard - Hart and Burritige ' aboet the -Mending of fences and the state of the ground? Such evidence was useless to the pro secutor, but would afford ethe defendant's Counsel consider able latitude for observation, because it showed the bad ness of the case, and the necessity there was for intro ducing matter which wield divert the attention from the real. faete. He did net deny .that witnesses had been tolled before them, who stated 1 case that deserved to be inquired into--a case this ought to be got .rid of by strong reason. ing, by strong obeervation,. and by a minute investigation_ of 111 its parts. 'Those witnesses stated what they alleged" they had heard and seen ; and if one-tenth of their statement were true, then the defendant hail not about him one quality that belonged to man, unless,, indeed ' the desperate courage with which he had risked hie fume and reputation.could be ac counted one. Then, indeed, most he be, in the most extensive sense of the terms, " a person of a lewd, abandoned, wicked, and evil. life," to use the phraseology of the record. His Learned .Friend had told them that they ought to dismiss from their .hinds every • thing they had heard out of doors on this subject: but he had not told, them that every-day maxim of the courts, that a case of doubt was a wile of acquittal—that jurors, if they did not see their way distinctly through all the links. which farmed the chain of gnilt, were bound to acquit. He, however, did • not call upon the Jury to act upon that maxim. , He called upon them, .if; they had,. in the end, a doubt upon' their minds - , not to acquit, but to convict. If he did. not clearly show, them that the defendant was innocent of this fpnl crime, let them find, him guilty. He, as Counsel for Mr. ' kph. - son, with Mr. Jephson by hia Bide, celled on them to do so. They. Stood there not for, an Old Bailey ecquittale-they stood for repel ' tation. Any but a full and .perfect acquittal would be a nue fortune to,the defendant. The publicity which this day's pro. .ceedings would receive, would lee a dreadful aggraVation ot.tbe , evils of his sitreition, aitice lie ramo into Come this dap,. iwthe preemie of hie 3/tikerunil of his country, denying the alto ether. Ile wee not elea.gged befeee the ;court as 'he was on that lementeble night i'. me—he Caine herd-freely, voluntee. rilyeecourting. the lidlesttitetuiry,, and sibmitting..hitneelf to the enlighted justice pia British tribunal. He would State what hifedefence was. It vas exactly that which. ehe;defendant had ' declared the transeetion to be on, the night when it occurred namely, that the whide was a foul "tend wicked conspiracy, - eupported by titer Moat abandoned perjury, and diseloeing. the most improbable story that was ever told although prop, pod up by some eircumetancee which were ;knitted, to' have . ,happened. .Ilechargtil the witnesses against the . *defendant . with conspiracy, parenry;.and subornation oflierjury- e vidi the . arrangement of evidence, that they might defend themselves' in the best manner,. by accusing one who was prepared to pro secute them. Such Conspiracies were not new in the history ! of the world. Almost rem the beginning of mankind such conspiracies were amongst the 1110.1 t common things that occur ' • red,. only varying according to the society in which their be operation was to applied. 'The - sons of Belief were about the oldest faMily in the-world, though certainly not the most respectable. That, race was to be found in all countries— sometimes accusing persons before the inquisition—sometimes exerting their arta to get rid of- persons whose Valente or whose virtues excited their hatred. Sometimes they were seen, in the shape of spies and informers, betraying the victims they had first seditced, and in every instance they would find there were some circumstances apparently true and apparently strong, which was the foundation on which they built that which was evidently .false. Without some ' mixture of truth, falsehood could never enter a Court of Justice. Is a man to be accused - of attempting the virtue of a mauled woman, his garment mast be left in the chamber of the person attempted,— the woman must be proved to have been in the -garden where she was alleged to have committed adultery—if Queen Ann Boleyn is to be accused of incontinence with her brother, some levity of conduct must be tuldueedin Support - of the charge ; ancl.he hid known an instance, where the mime t rited insults - offered 'to a wife by the husband himself, Were • supposed to have been sufficient to drive her to a course of abandoned profligacy, and then be himself brought forward chargee,foundeden that probability, which nothing hut his own shameful actions had - caused and created. Its should like to know eomethiug ofehe . previoue character of those witnesses. They all appeared to be 14 a low situation ; and they all lived, it seemed, mehe snore yard at Barnwell. _ They , had the whole of Saturday, the 17th may, to .consult en what they should do . to avert the.danger which they appreliended,• andthey felt that they had but one course to take—that of frighten. hug ahe defendant out of the country. Certainly Mr. Jeph son cohld. not -have remained an hour after their plan was perfected, if censcious innocence had not borne him out: it was not in the human heart to conceive that any man could come forward to meet such a chargeunleite he had the apprOba. thin of his own conscienee. Ile could easily conceive that many a man, against whom_ such a crime wee alleged Unjustly,. would die broken-hearted, wanting the firmness, and •-eotnt i ge. necessary to meet it. They knew that there were.persons whq haunted the streets of London, and day after clay extorted money wider oda:horrible threat. Too often, he feared, did they pill,. sue. their victims . even to 'the. grave. ,In• this. eaeo,! fohniUttel,Y, they had evidence, which he thought'. wai•oonclintiVe, to show that the charge ciittltl not be: true. His Learhed friend had, stated, that two persons who were • exainined, bad brought the defendant:s watch toltis - elitiMbera On the Saturday. 'lie clued 'to say; that those perSorikin describing the 'perturbation of the defendant; Itaej not exaggernted it. eliuhlielteved Abet the .best Actorthet ever existed. could not adequately - express the nine. lion of amen ihtisave beforabint two wretches wholit d accuse ed him eiiangfeilly. t e - rnott heart-sickening. crime. ,When his ,Learn'ed .I?netad ;Mid them Vita. check-41414004 :refusal-of the watch was proof of his guilt, he .knew not what the jury felt, but he cettanilY felt the Utmost amazement., •.It wan true , those persona had found the defendant witithis breeches - At - Mt his kneee, a.situation . from which every- man.wenild like to be relieved Op .to -that poiot, , and to 'that poine wip . did the truth estend;eand. it .wan thily admi tte d) : i t was true they had got. pbeseseioiie of his watch, which, it' they brought forward their - cherete in a Court of 'Justice, would , be proof •and cenfirialation of its verity. - The defendant knew all this ; and lie would asks-if he were conscious of guilt, raust• they not believe him triad, if he did uot, when opportunity allowed hint, get back the watch—get back that proof of criminality, at any expiince .whifsbever.?: It was impossible, if he were a guilty man, that he could have heard the prOposiiion of - those persons with any other feeling but that of satisfaction. The p ss .. sK i on .,af the Watch. would at once remove the proof of his guilt, and he would then be out of their hands. - But if this were a. true fact, what would they think of the' still stronger fact which was,in evidence .before them ? .0n the very n.;lht the crime was itaith to have been committed, when. he was to that situation which looked like guilt, when hie watch had been, taken ficim him; 'what did lie do ? On that very eight-be fore •h e went to-his own rooms,. he• consulted a friend ou the' subject. _His Learned Friend said,' " /tio !. no !" Ile would say, " Yes ! yes !" He had thought limper to read the deposition of Mr. Jephson, and it was stated in that tie position, that he called on Xr. Cerrighan before he wer i t to :his own rooms... Mr. Carrighan was his friend, he admitted ;, but whetted friexdsh it i t p eo4 to dr do , with aought to cas h e a o ve f t h h e ie en d o esc u r e ip d tyn i t ee lti h r e . Csrrighnn, he i eo must say, that it was unparalleled In the history of the criminal jurisdiction of this country, to give a deposition fn eeidenceSand afterwards to sea, that any feet contained in it was not roved, wihout calling witnesses to disprove it. I. l hat which he had stated was a fact that (guided Mr."Jephson to a. verdiet. If Mt. Carriglum thought him guilty, he would, have driven Win front his chambers; but on the Saturday, they found him acting-with. Dr. Havilanth, and bringing the eliargeesainet those patterns be fore Mr. Abhott—the one a itafagistrate, the other two reSpect abliaellows ot - college co which the defendant belenged: Why also was not..Shallovl the constable called ?, Wli)hwalt not-Mr. , aunt, the•bliffbiteprif this town, who'acted as- assessor to the megistetiee, examined a It was.aaid,.becattie lie left CainbriaAti on the Soli-day, that be abandoned dee first charge.. But did be not ,zeturn „on the Weelliestleyeatid institute a freati charge ? At that occasion he underwent it ' - crosieexiitnina- - tion _(ii eircume tances :which, as the xiefelitiant wax the person who made the acCusittion4 was most extraordinary), and, it then appeared that he had - given directions to 'Dr.l.laviland and btr. Carrigha n to ;Let for .grim generally. But Yet though he wig 60 miles olt; and could not know what those gentle men might do, .lie was made , responsible for . their proceedings. friends." t ' h 'hen c The defendent, as a rational Man, r am too mueb ogle . tatid h i a t tg w e as , business on, and I wilt therefore leave it to mytofri can defendant made it uP..and Withdrew the said. deniedt at the t e statement. wee not present. 'Did he .get the watch ? 62., it apPeared, were given to those leersons on account of the watch-a pro ceeding of which be. did not approve—but Mr. Jephson had nothing to do .with it:. lie went to I. f ondori and 're turned on Wednesd a y, with Mr. Atcheson, the friend of his youth and of his family, to renew the charge which he could not , pursu e on Saturday, and yet t h at was mad e ma t ter o f infeeence an d i mplication aga i nst hi nt . Hie Learned Friend said, the defend ant h a d agree d to the dismiettal of the char ge when he knew th e n amed o f all the parties..lie denied . this and ' they l oc k e d t o the- evidence, they would find that there wait not one word t h a t bore Out this assertion.. Then much stress was laid on the dinner given to these men, as if he had presided over it, or had any tiling to do with it. —At that time lie was on his way to town, and wherever blame attached, he was clear of it. The Learned Gentleman then proceeded err animadvert on the remarks which had been mede. , on the piece which the defendant had selected to retire to ; and observed, that üban.u,rnan felt that sort of call, be could not take time to select a place, but must eeke that which seemed on the niotnentsto i,a the nicest convenient and proper... Hie. Learned Friend had observed that the read near this ph. ~ was only an occupation road, but it was quite notorious Suet all roads in the neighbourhood e of great towns were made use of —the people would go into them in spite of opposition. The Learned Gentleman then . proceeded to contend that the de fendant.could .not heyegone Into this field for a bad purpose, because the criaket-ground Wei higher than the held, and over looked it. He Would -trey; ,cothe to the evidence for the prose cution, and examine hoer far ,it was consistent and entitled to belief. The first witness•weet the boy. His Learned Friend, in opening the ease, lectrud to anticipate a great many contradie. tidies. He (Mr. D.) felt no sitc.h.anticipations. lie knew those parties could not have Met-each other KO often without melting _their evidence verypeifeet. The Learned Gent. proceeded to • comment on the evideute . of Welch, and pointed out thegross improbability of the defendant's conducting himself in the man ner which. had been despribed to a perfect stranger. A men that could act in this ,rnanner.; who could so conduct himself in the gap of a hedge, within view of a cricket ground, would_ be more fit for bedlam :than for • n grave judicial proceeding. Could they believe that hitch violence was used towards"this.boy as would have been necessary to tear his trowsers ? Assuredly they could not: e And ,then the defendant, it was said, kissed him. Where was his English blood when such an insult was offered ? WhYetlide he_ hot lay the . offender low ? Bet did he tell his aurae:if this .repeoutre? Lank to the evidence.; tici, he did note.- 4a-stated that he did tell her ; bus that was contradicted by his aunt's testimony: and if he swore. tklsely instance, why net in another ? Mrs. Hart was one of the persons en Whom .he said ha•teld his story, but she was not cult.' - ed.. The.boy stated. that.. he painted nut " the gentleman" to :Elizabeth 'Butters' end others. 'But !einem» .said, that he salted 'out, when some person wee going ley, " That is Mr. Jephson.". This was num *evidential ; because; as Leinglitim had. received nolle.o( the Money; his evdence tended greatly to etrengthen.theeeaeee. • But this statement could not be true, be 'cause the newieof Jelthecin had not then been mentioned to any of the Partye , The, statement was clearly fake, •and. .theiee, who spoke .to the observation of the boy, when the gentle-. man passed; directlyeentradieted leengliarn. Besitiete if Such a Men were ooitued,oot going:thtough,Barnwell e truer. there a dbubt that .a ,:crowd watild7purvue him If- there wet a pond near the niece, would' he not have been docked in- it? They ..kneweveleeth Alit ladies, felt on those subjects Ile ream' glad they did' se Pale, it was fit they ilioaltte for .natnre litnplented that feeling: in them.' They Cove :teethe to the evening when the transaction took Awe. Here, the wit e nessea, tlifferatieein sonic points, but agreed in most as they must necessarilydo: 'tee(ee( stated' that the defendant-ern.. braced the boy several times; but the'hofsitated eio such thing. hife also• spoke too, the sum of 18d . - being offered to Welch, but Wilde' sold - 'nothifig-about it. eWettlieteOW.. swore, that when he would not come to terms, the defendant said," Therese' money enough for ------ . i " :but he had forgo•ten this be . fore: the Magistrate. If he could . forget such a circuen-. stance, it went to vitiate his memory in every other respect. Iltit if the defendant were,. such a monster as to indulge in . those horrible propensities, could he—could any man, use such odious language as was ascribed to him ? Could such expressions efiille front the lips of clergymen or gentlemen under any circumstance ? The Attorney •in this cause wail Mr. George Henry Bays, whose name he heard connected with a-bill of indictment almost immediately after he entered the Court. His Learned Friend asked," what' had his conduct to do with this case ?" It certainly Inuit° do with it, when he found Mr. Bays sending these men round With a paper drawn up by himself, for the putp . ose of obtairiing.. money to pay their expencee, the largest of vele& was, he sup posed, the attorney's bill. They went to three houses, but stopped at the fourth, because-the door was shut in their face. •The crime of extorting money, by threatening to charge a man with an unnatural offence, was by Act of Parliament a highway robbery, whether the charge were false or true; and, for hie part, if any distinction were - to be made, he thought the crime. was more heinous when the .charge was true; for those who took money to. conceal it, became, as it were, the panders to that detestehlo Offence, and defeated the justice of the country. With this crime did these Wretches accuse the defendant; and; Traving done - so, could any one believe themwhetethey spoke of feeling compassion for Mr. Jephson—compasSion for him whom they had threatened to drag through the streets like the Bishop. If he were really peaty, they ought that moment to have taken him before Mr. Purchas. This tkey had not done; they had basely sold their kagimolly accord ing even to their • own story. They said the mone_y was freely given. Hart deposed, that when he was desired to put his hand ineo jr. deplisonss .pocket, and to take his money, he said " • No, you'll indict use for robbery :" Was there ever such a barefaced scoundrel? 'Wnsallere ever one who better undetstood what he was about? " .If Juke the Money," thought he, " titat will not be a free gift ;." an:l'6in he threatens to drag the defendant tp Cambridge like the Bishop; which threat he knew would answer every purpose. Mr. Jephson now perceived what the partiesmeaut to do,and like any other man, ' lee called .on ss ; t g lu iv y T tlie gold n i wai anxious to e x tr i cate hi mse lf f ro M t h em . I t wainet secrecy Olathe wanted to buy. N o , for lie immediately disclosed the whole business. u to de r c i d at t t l a te case ndise wo nl ul 4 d ti b w av h e en w t e h r e n y a different appearance t but he refused to have any eommunii.a. thin With then). • Was not this airroof,of innocen t *, One part of the evidence must strike their attention - Porterftilly.• It- was sworhahat the defendant went tin-thigh the gap, and w a s f a ll ow . ed by the boy, at th e v e ry t i me when lie was leaving him, sa yi ng "Of yen are a very hard yo aura took you for. How stood lite evidence't you are net th e p erson 1 ? Hart and Wleeneinspoke strongly, the Butters omitted some important points, end Lan ham destroyed the cause altogether. The evidence which was ex tracted 'from hhn by the Learned Judge overact the whole of the testimony:that bad been given. The boy said that the defend. eta carne along the hedge to the gap, with hii person exposed.; ' but Langharn positively swears that he saw the defendant pus along the fence, and that he observed nothing particular in his believed his evidenc e , dieSs. If 'this man were called for th e d e t ente , an d they • they must conclude' that the whole statement was a glees* falsehood: According to his testimony, there .were no embreces'—th'ere were no trow seri down 34 the defendant W a lk e d by t h e hedge. But where and ' when did he unbutton 41i the place where those wretches rushed upon him, and long after the other witnesses had described that circumstance to. have oceurred ? This put an end to lire case for the prosecution, and triumphantly set up that of Mr. Jepheon. What was the reason, when Hart went before the Magistrate' on tl:e Sunday 'morning, that he alone was "ekinfined, and neither the boy nor Wiseman ? This circumstance proved the truth of lips former observation that, when a case of thie ki n d came b e f or e a Magistr a te, he wo u ld rather forego the: dote , of his office; whieh e under ordinary eircurnetenees, he conscieetiouely performed, them in you gate a question 'which must lead to such horrible,-diagustiag, and revolting statements. Why, he asked, after*Hart had tttatcel what he admitted he had stated, was he• not sent to take his trial ?. When he declared that he threatened to drag the dc. fondant through the streets like the Bishop, coifed it tie doubted that he wanted to extort money ? The Magistrate, he contend. ed, might to have minutiae(' him, and not have allowed -him to pardtle the streets with blue ribande in his hat, insulting, decent society. ,The Magistrate had, it appeased; the as sentence of a Learned Burneter, And be e ves astonished that, after two days examination, any trierscould' have doubted th at -•this peetton, en his own showing, WV guilty of robbery. The Learned (ientleman proceeded, as allusion had been matte to the .Bishop, to draw a very powerful comparison harem the Con: duct of th eptetate who recently flied froth this country and that of the defaidant, who nohly stoitel forward in defence-of his moral character. lie.then adverted to the great respectability of the indi viduals who had come from every part of the kingdom to speak to the Moral:worth and purity of mind by white the defendant Yard . always. been distinguished ; and concluded by observing,. that the. ,defendant who was then sitting by hi s s id e eweited, hot wire:out deep anxiety, the 'ague of. this iequiry, bee at the same time, with perfect cnnfidence, tlere the:, fury weelte re e tei e him to hie character, to his friende, anti to le:spun:4. • The follesing were then - The; Ito , . Dr. Wood, Master St...losbn's,College—lte . knew Alr.,leibton..for. about ?to yeah, llis conduct was 1:al.:. forinly exernpr.ry e. ' He was assistant tutor' en the - Ccil.nie, and would - net have been plated in that situation; .if his moral character had not been *itliout taint or suspicion. The Rev. it.. Tatham,. public orator to the Universfity.... Witness had lived in 'thogollege since 1796. • He lied known Mr.Jephsonintimately since • His moral qusiitits, chastity and:decorum, were perfectly unexceptionable in every respect.,. He never before heard any reprOach Whacever cast . against Mr: dephsOnS character. He was most exemplary in the performance of au his College duties ; and, said the Rev. :Gentleman; I.heard with the utmost surprise the words which were put into his mouth. For myself, I never heard any thing°fall from hiM that even approached an indecent ex. pressiorn , Mr. Jephson is a rnau of refined moral sentiment." • . •.'rho Rev.. T. W.' ifornbuckle, a Member of St. John's Col. lege, had lived there since 1793: Wai acquainted With Alt. Jephsort., since 1800: • He had been most intimatel!.• acquainted With him for nine or ten years. Ilia general character.and Con duct in College were unexceptionable. For moral senUnient and decorous conduct, he was most reinarkable. Since he kricw Mr: Jephson, its a Fellow, be considered him to he poi sessednf a stronkreligious feeling. For some years he had the care of the parish of liorningsey, to which the College appoints, and he bid every reason to believe that he discharged his duties most torteddy.. The Rev. C. , Blieke, Fellow of St. John's College, kne*:3lr. Jepligoir since October 1802, ,t1:41 he could declare frotu Ins own experience that Air. Jophson's general character fordecorum and morality: wax quite irreproachable. Y. Brown, Esq. of Brighton, stated that he was first cousin to Mr. „rephSon. He knew Mr. Jeplison from his earliest infancy, and wash habits of the closest intimacy with bim. From per sonal knowledge of Ids character he could assert that bis moral feelings and sentiments were most pure. Ile always considered }lip 44 model of propriety. If he wished to point out a Spec;. Men of purity of mind, Mr. Jeplison. was the man he would select. Nathaniel Atcheson, Esq., solicitor of Duke-street, -.West minster, had been Confidentially acquainted with 111r.Jepheon's family since-1784. The character of ..11r. Jephson for decorum, propriety, and chastity was excellent and unexceptionable. • 1)r- lee, a Moor of Laws. residing in Bedfordshire, bed known Mr..Jephson since 1802. He' knew him as under-gra duate and fellow for It years. He never knew him to tell a falsehood in:his life, nor to use an immoral word. His general - character anion - get Alltiti friends was excellent. -• • It. Dalton, Esq., of Sufiblk, was acquainted with Mr. Jeplis son for 211 years , /le knew him as a school-fellow, and at Cambridge, most Intimately. He always thought him, and held-him up as; a, model of morality. His morality was with out affectation, and his religion without ostentation. The Rev. James flicks knew Mr. Jephson five or six years. 4-lis conduct in the performance of all his duties was irreproach-- . • able. He never' betore heard of a shadow of taint on his cha 7 The Reverend Dr. Webb, Master of Clare Hall, knew Mt. .rephson intiniately for IN or 14 years. He considered his moral iharacter to be Most exemplary. . The Rev. Philip Dodd, rector of Penshorsts Kent, W tal e ' tortire in tit. John's College. He knew Mr. .lepitson from his boyitood.up to the present time. His character had always been moat exemplary. No man's could be mere so. He had' a moral-and well-regulated mind. The flew T. W. Barber knew Mr. Jephson since October, 180. lie. had heti a perfect opportunity of knowing him, a° resident Fellow in that University. His character ivas not merely good, but most exemplary. He had frequently dis licoursed with him on theological subjects; and he appeared to Cn ter into them with-a keen and moral relish. 'tire Rev. Mr. Musgrove knew. Mr. Jephson intimately w ell . • klOrningsey, of which parish he had the care. Ile knew about seven years. His general elia,reeter for morality was 0X .6:11?9,t in every respect. . . • , -Mr. Thomas /limy in and Mr. `.'Tyson ., two of due F '• riahioners of Hornin,,'tey, ezoke in the highest terms of, r. • lepletools mural. qualities. His charity and his attaltl'a to Iris duties were the theme of general. Praise,' Theiteverend'W; 8.. Whitfield, of Esint, had known Mr. Jephson for 14 or 15 yearet- 'general Character CROW not t exceeded for morality and dicorum. ' Josephs Artiohl,-Xsq. -of Catnberwell, knew Av. Jephson=(!i -13 years,-- • His character was Unexceptionable. - • The Rev, Morgan Jones, 'formerly a Velloi'Of St. Jobn's •Qollege, was most intimate with Mr. Jeplieon' until he (air Jones) left.Gellegc, and a moat friendly ' i nt erco ur se was still kept up between them. Ile bed' a perfect opportunity of kaow •ing Mr. Jephsonfii character, - which Was truly excellttit. ' ' R. J. Palk, Esq., Lincoln's Inn ; - the Rev,-Henry Walter, East India College John Striven; Eso.„ .Infier Temple the 'Rev. Vi'mthorp, Fellow Of St. John's ; die Bev. 1V• ' Dunce. Canterbury ; the Rev. Keene, 'East loam Col-.. • lege ; the Rev. .1. B. Wilkinson, lialesteorth, Suffolk; and the jduncer llkv htn . rseo . gew — ig)hninctticol G lß:icarai r ole a ocs hi e.r i gn. , Durham—all spoke moat highltef ulleitnetTWeiblenerittr(tirohgtlll.geah3tddiils to the Jury at . out such contradictions AS appeared in the t th es ceu ti wt m eln on i°"i r eg , ° : P ri th‘ r etime-1i312 remarking on those parts which were corroboratire of each other, or woe' in unison with the deposition-of the defendant. In adverting to the testimony in favour of the defendant, lie observed, ths, Mr. Jephsoo'a delicacy of sentiment was parti cularly mentioned, and such delicacy of sent i me nt he beta to be wholly irreconcilcable with the expressions he is said to have, used. At twenty . minutes after twelve o'clock, the Jury retired 0 ! consider their verdict. In half an hour they returned with a • • verdict of Not Guilty. The Foreman of the Jury , hof'lter, Ilh added, " That ey were all of one opiniOn, brit that °FPO! was wavering. They all bad a doubt:of the guilt of botlL , Ps" , ties ; but 43 his Lordship had Said, that in ent e ,rf tamed a doubt on the subject, that doubt should . be turn ed , the benefit of the defendant, they, far that reason, acqu itte d him." • The trial lasted from nine o'clock on Wednesday meriting, • till p hou ritsoft one tine oopelTocikir way sy still crowded de T d h w e it C h oti m i O t Gentlemen, who anxiously waited the result,• which t"9 9 f 0 ceived with-strong expressions of applinise."- The mob ou to the Court-house was ids° great ands ntinued -boisterous ,eptn et ce, last moment.—A person judgmg, this duly exP e le o . • would pronounce chat Cambridge had the worst rep . inpolice the world. . ,stevresenpeact4t thbit:4o., - . [Ws are Informed that as the Jury. were retiring from th,q Conrt to consider their verdict , spine intliiid ua l earnestiy)a• treated them IVe'undeistand that this most i lle g al and diagracefttl conduct " to find a verdict, of Cipilty, and to stick to a." Will not be overlooked, and that the . defendant will not suffer this atrocious conspiracy to end her Sail's his determine lion, to use every means in his power toe i nn 40 punialinsent , the persons eni;stgett in it. . Throughout .tlie whele course "f . our . pAblic labours as Journalists,- we neir.i.witnetiapd it cisaiir. • , so much ii_liqii 41 and .eppressidn.. The, co?;rse . iitOpeti . Sgsditsk . this eicellent. individual, from tlO'beglipaing of theaeliroceod , I trial," in gs to theresent moment, hei been attompanied by arctun-. stances so unusual and unjust, that they were the subject of jugcr reProhation by the defendant's qoiinsel h igh ly was most satisfactory to observe holV highly and sincerely Mr. Jephson is beloved and valued by his friends, who, we hear, are determined to support him throughout " the hour of bii until he has brought to justice the persons who have so wickedly conspired to ruin his character and reputation.] . .. CROYDON ASSIZES, JuLT 23• • . • CIVIL SIDE.—LAWBOIi Z. Lt CET?. This'oras an action to recover a peealty of 1001• from the de:. fendant, for having, as the 'keeper of• a pr i va te receptscie.fO r lunatics, received into his house a patient without a certifleete front. a physician, surgeen,. er apothecary, contrary to the sta .. tute 14 Geo. 111., c. 49, sec. 27. The action was brought in the name of the Clerk of the Peace for the County, who is by the statute declared W bC cretary to the Commissioners for private "Aladhoueeg• lt.,3„Fte peered in evidenee, that the defendant keeps a nriYete• as P"'" for lunatics at Ewell, and was duly - licensed tt) receive auents- Iu the autumn of last year, a medical gentleman in London, having been afflicted with a brain fever, was adm itted into the' defendant's house. On the Stl of.lanuary last, Air. liod 9 ° n ' sone of the visiting Magistrates of the County, accompanied by Dr. Morrison, the visiting physieian, and the Cle rk of the Peace, called at the defendant's house to, make their report , and (rehired to see his patiente. . Two gentlemen wo re intro duced, one of whom was the talent idluchei to. The de f endant was asked whether he bad obtained-the usual gertificste for th e e latter, and whether he had made a return to the Colleg e° Physieiane that he had received such a patient. Both t questions the defendant answered in the negative ; end hel ll ,l asked why he omitted to comply with thee requisites, he sat he had done so out of delicacy to the .gentletnen, who, being 6 medical man. might be prejadiced by making such it return. lie also stated that the gentleman himself, and his friends, had urgently requested that tio return shoeld be inade. A report wasdrawn up of what passed at this ititerview, end eider these - circumstances the preheat action was brought.- Air. Hudson and : Dr: Morrison were - celled to. proee3hese Morrison facts, and the case was closed ;. ; • - • .• • - The derence get up'WaS, that the. gentlelnan. : alluded so wag not, infect, s patient of the defclttiante! but had 'been mierely 'received into Ins house as a beaTece esatielodger,.for th7.'eeeeSt of country -air.' The gefftlenian Atteeked fee 3' • ,- ? 1- 7 share time with a brain fever, frent,Whieh,Pe(hAO•perro.! T rc covetttl, brit, by.. the advice' of hisephieleiiinsi; -- ) . *.' t defendant's house merely for, t elfaniler-!Of .etrt there treated its a patient; .he Was-perfett:ttester. ' .and even visited some of his awn_ patiente whilst le. 104: ing at the defendant's house.; Tinder suell , eirtuneeenet e . vertifieete was required by lasee nor was any return necessers and therefeve the.defendaet washable to no penalty. '1 he wife of-the gentleman was called, end she &posed that her husband war nevef• a lunatic . He h a d had a b r aid fevvr. and a friend recanunecded him to the defendant as a pet'vn who would receive him as a beats:der and lodger.. Her husb and aecortlingly took up his abode at - the defendantle house, Or t" sake of country air. Witness never knew that the d e f en dant o house was a receptacle for lunaiies. Her husbend was never treated as a patient ; she constantly visited him, and of ten stayed two or three days. fie was under AO censtrainte. and visited his own patients. On her crosseexamination, she admitted that she had heard, tthout a week before her bueband'went to the defendant's hou se ' that lie kept a lunatic asylum. - The witness was deeply effected whilst under examination- Mr. Hatchard deposed, that during the time the gentlems n mentioned lodged and boarded in the defendant's house, l ie Scus art intimate friend. /le admitted that the gentleman vro s a little extravagant at times in his conversation when heated by exercise. Elizabeth Emmett deposed that she was defendant's hcuse keeper. The gentleman alluded to was never treated as a patient. lie was at perfect liberty to go where Ile pleased, ar 4 was under no sort of constraint. This was the defendant's case. Mr. Baron GRAHAM summed up the evidence for the Jury, and left it to them tb determine whether the case opened for the pitaintifik had been established ineveidente. The Jury found their verdict - for the plsintiffS, for one penalty o(