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

. . , . . . S U .. •• . ._, Te- A , Vie: ,- - L,,,/3/ 6,_,, i , ~,,, i,..„. , - 4; n ▪ .4 , FRIDAY:JtiLY 28, 1823. PRICE SEVENkIc6k.; NUMBER 9647 , . .. .. thought it might be some perSO2l 40011kiIg t o t h, q,gz o m d and that he would blame me'for being the re . I t was a grass-field-- a feed-field. The defendant came up to Me. He asiked . me the road to Cherry:ll inlon s [ He here painted out the place ota a plan , which Was frequently referred to in the courses of ilis : trial. I I, took the defendant to the gap in the [ledge, and toldlurn‘ IfYou to through that gap, down that 'ground, and thro t t g )i nt ipast gate,it will lead you On to the road." The defendant tly4tr save me 6d.,•and I said,'` Thank yoU,Sii.", I . was , gOing *term and he gni 'wild of me by the arm, and, asked-me F.. 111 likette,..inan ':;" That waa the first thing he Said: I answered, 4 I . ll*ii a matt very well, but that I did not.knoW W m hat he e . ant.; „Eche wit ness then prodeeded to describe a serif* of indecentweana ex _ pressions, which It is impossible topotAish.7l,tW,itziess eon., tintiett—The defendant pulled inc "towards a ditch, apd asked, whether Perkins who Were iii a neighboutingerfeket4rowni were likely to dee us? I said, " What does theirteehig ge dviify ?" He then asked me to lie in'the inch, which I ,reftts4. lie sa id, i,f 1' would lie down In the ditch; he would give me 301116 more money. He put hi* hand in 'his pocket and pulled Ntlome. 1 said, I did pot want his money. He Shia, " I hope von will not X 0474 tell." I_ wanted to get away film him, aril) he,eau g h t bold of di" tra*sers, and tore thetb. , lie ielid, "I most k 6 : ,. Ott before You go 2" I asked what o'clock it Wine? - Ilepulltal out hi* watch, and 'answered, "It W as just .tWelve." Ile dil kiss me. Ale asked ;tie to meet him at night. .I 'Said " Yes." Ile directed me to cam at nine, as it would he dark 'then.— Ile then tent his road, and I bent Mine. . Ire .wept over the gate, and I saw no more of hirti, I Went to thergravel.pits i and then to W. Betters, who worked in the ifeAtgrotind to the gravel-pits. There were three persons with him. I told them every thing that had lutppeneci. . I went hour.-, and. saw Mr. and Milt. balmons. I echo ,saw Mr. Hart and Mra. , flart. I lived with my aunt, whom I also saw. 'I stared ib them what hid occurred. :1 also fold Mr. Wiseman.. li Was, I think, half.: past 12 when I,got liOnte. 1 itti;,the,alefentiant .go by on the same day at Barnwell, and I pointed hiM tiitt. Wm. and James Butters, .Philip leinghan,i Joseph Hart, end Geo, 7 Viseinan A agreed to go the same ni,t 4 ht to meet Mr. Jephsbn,' at the place which the d e fendant had pointed out. We set out about a quer: ter before nine. We all started otr together. The defendant arrived attlie place two. minutes before nine. W. lltittera had a watch, and 1 was told to look at it. I Went to the place which the defendant had mentioned. Thu persons who w.lre with rte were lower down, The defendant got over a gate and came to me. fie said to ,The " You stick true to ' your, float, y o u ng man." I said, " Yes." He then got hold of nm, and wanted Me to go into the ditch ; but seeing .1 WAS not willing, h e land, .t Let us walk down a little furth er.'' Re then put his hand in his pocket, and gave nie is pound note. 'lle Own got into the ditch, and.took .Bold of me, and polled - ino in. I Ada nothing. The defendant observed, " lam afraid you are scot the young man I took you to be, and I must leave you."-,.. He then said, ‘. I don t think we are fare at this • side, of Oa hedge," and he crossed through a get). I went through ano ther gap, because I tlibught it was easier: In doing this..l pitised try the spot where. the men lay. ;nth ddi.iniant WAS then to the ditch between the two gaps.. Ilia •tiertiori was einoseti....=.-: He said, " Come ! come ! you're-a long time," [Here the wit ness detailed some expressions of, a most revolting description.] Tito of the men then came anti took him Out of the dm:h.-, linit and Wiseman were'the Men. They said, ." It's a pre...cy thing for a genthatiln to act:" I did not hear Whit he said,- The other alert • assisted. They said they woniti take him te; Cambridge, just as he teas, with his breeches doiftp. Ile said, "'Where are you going to take me to?" ' They. answered, to ill r. Purchas'ii. `.lle said, " I know Mr. Parches well, and he will sentlyou away." They attempted to take.hini over the gate.— Ile laid his hands on it and said, "lhlow let us consider: "Every thing that lam now under I shall lose,, if I. am titind out: I feel it in my breast 1 have done wrong, I own it Ise.. disgrace to tits gtivin. ' He then went to `a hay-stack., 'hart had hold of him. 'rite defendant begged that they would not make a noise for fear some person should hear thein.; There *as ,a house near the stack. The gate was i 2 yard* fierti the homey. lli; trowseta were then doWn., Ile saidhe would freely give .us every thing &lied, if we would not expose him. lie .told Hart to put his hand in his pocket and take out what he had, He said, " No, if I did, you would - prefer ; .a rob . bery against me." He then asked to pull up' Xiis trow sers, which was allowed.. Ile then .. gave two ..titrapd notes to hart, and Ps. . Ott: to' ttetrigt '11: !mum- ' lie-otii.sovott, ~ I have now nothing but. my watch . Anil . seals, and these I will give you freely.' lie gave them to Ilan, saying, " Now 1 have ..givert you ' every. thinppi ' I hope 1 'Ain ' free ; from you." He then said " (.hood night," anti left its On the Sunday following, I was apprehended. I 111 , 4401 taken to att. Abbott's. They did not dayhtly thing at all to me. I did not :teethe defendant there; On the :ill nday I dined at Mr. Sisal low's, the constable's. Ile Was the constable who apprehended are. Ile gave us the dimmer and some drink. .. A WORD IN TlME.—'l'. HISII, of the Old a• 1 State Lottery Offices, 4, Cornhill, and 9, Charing-Cross, ' • thinks it right to lay before his best Friends, the Public, some important facts respecting the Present Lottery. FIRST.—it is a Government Lottery for 200,000/. Prize honey, to be drawn according to the old regular system,— every Ticket singly—each deciding its own fate and no other. ' SECONDLY.—There arc Three 20,0001.. Prizes, Two 10,0001. Prizes, and Thirty-finer other Capitals 'all Money, and 10,000 1 . for the very Fi rs t P r iz e drawn out of the Wheel. Tit inamv.—There are more Prizes than Blanks ! rot; RTULY, (and the most important Point of all.)—The Tickets and Shares are very considerably cheaper than they 'have been in any Lottery for Thirty Years, owing to their • being all on Sale in the open Stock Market with the other - Government Funds and Securities, instead of being locked up in the hands of Contractors, as heretofore ; but as by this system the price of Lottery Tickets, like that of any other article, will be influenced by the demand, there is every pro bability of a very considerable advance soon taking place; for "V..Brsit assures his Friends, that the Sale is beyond prece dent ; the arrangements of the Scheme, and , the low Price of the Tickets, having rendered this the moat popular Lottery that *has been for many years. 'rickets and Shares are Selling- by T. Bisir, Stock-broker, N0..4, Cornhill, and 9, Charing-Cross, of whom Schemes may be had, gratis. Blau is so proverbially successful hi the Sate of great Prizes, that any particulars are unnecessary; su ffi ce it to say, he Sold '25 - Capitals lot Lottery alone. •.• The DRAWING begins 25th of SEPTEMBER. cause, as he understood the matter, there could be no copy right vested in them, unless they could show an assignment. .Mr. SIT/DWELL said that was not the rule in equity. The receipt and proof of the payment of the money made a clear conveyance of the c,opynght. As to actions at law upon copy right, he knew the rule was as Mr. Egan had stated it—no ac tion could be sustained for invading a copyright without pro ducing a sufficieut assignment, and that assignment must be by deed. So Lord Ellenborough ruled in the case of Walker, who was charged with a- musical piracy. But in the Court of Equity it was enough to prove a conveyance by payment of the money and taking a receipt. Mr. Egan was no lawyer and could not pronounce, but as he had read the statute, he understood that there must be an as signment upon a sufficient stamp. If the clients of the Learn ed Counsel chose to hazard their interest for the sake of de frauding the revenue of the stamp duties, he could not help that. The Learned Counsel intended to be hard upon him, but he must have found that it would not do. Ile wished, no doubt, to be very striking, but he had'not made a hit. Mr. SHADWELL.—Your Lordship perceives that Mr. Egan intends to put me in Clio{:cery. Mr. Egtsn denied that he had broken any contract with the ' plaintiff: he had infringed upon no copyright--he had commit ted no piracy—he had a very good right to continue the work under the old title.. The property of the plaintiffs was benetit ed by it. because the new publication caused the sale of the former. It was not a periodical work—it was the continuation of a history, As well might Dr. Johnson have been prevented by his publisher from continuing his hiogrophical works—as well might Smollett be said to invade the copyright of Hume. He called upon the Court to dismiss the application. The LOUD CHANCELLOR.' having looked at the books, said that it would be very easy for Mr. Egan to make a trifling alteration in the title, which would answer the same purpose to him as if the application were to be dismissed in his favour. lie advised him to think over the suggestion, and come before the Court again in the morning. Mr. Egan expressed his gratitude to his Lordship, and his intention to follow the advise so kindly given. CAM MUDGE ASSIZES. CAMBRIDGE, WEDNESDAY' , JULY 23. LOVELASS ON WILLS.—ELEVENTH EDITION. This Day was published. In One Volume Bro. price 12s. in boards. _ _ _ _ 9MB LAY'S DISPOSAL of a PERSON'S ESTATE WHO DIES wirtiour WILL OR TES . TANIENT. To which is -added, the Disposal of a Person's Estate by. Will and Testament; with an'Explanation of the Islortmain Act. • • By PETER LOVELASS, Gent. •• The Eleventh Edition, 'with nitinerous Additions, • • By NIEL GOW, • Of Lincoln's Inn, Esq. Bat rister at Law. Printed for It. Pheney, Charles -Hunter, J. and W. T. Clarke, and H. Butterworth. ' VICE-CHANCELIAM'S COURT, JULY 24. VESET V. SWEET AND ANOTHER. The VICE-CIIANCEII.I. OI t, on the motion of Mr. Wilson, ordered this case to stand over till Thursday next, the affidavit having been so recently filed as to disable the defendants from answering them. KENRICR AND ANOTHER v. WILSON. In this case Mr. KNIGHT moved for the dissolution of an in. junction which had been obtained against the defendant, to re strain him from using a patent" obtained by the plaintiffs for tinning leather. The following were the circumstances as set forth In the plaintiff's' affidavit. The plaintiffs had agreed to sell theirpatent right of using a new method of tanning leather to the defendant on the payment of 4,0t)0!. in the first year, 11,000!. in the second, and 11,0001. per annum for the 14 succeeding years. The first of these SUMS was to be paid in four instalments of 1,0001. each ; but the defendant not being able to perform that parrof the contract, it was at his request changed toaccept.. log several bills for the total amount of 4,000/. The plaintiffs further stated that this agreement for the sale of the right of using the patent had been obtained by fraud and deception, the defendant having represented himself to them as a Ivan of property and likely to he joined by a gentleman of fortune, named Mabcrly,in the prosecution of the business, when in fact he (the defendant) was very poor, and he knew that Mr. Maberly had no intention of engahong in the speculation. The defendant had put in affidavits which totally denied the last part of this Statement; and it was alleged in them that when the plain tiffs were treating with him for the sale of the patent they. well knew that he was' in the Rules Of the Kimes Bench, which he I had procured, not in consegnenee Of insolvent circumstances, but from a wish to compel by_that means a person from pursuing him.with a debt which he disputed, but was not abl e t o dot. prove. He further stated that 250/. had been paid in two bills of 125/. each, immediately on their beComing due, and declared his ability to make good his connect; if he *ere permitted the froe exercise of his purchased' tights. Messrs. HEALD and WAREVrELD argued at great length in behalf of the plaintiff's, that the injunction ought to continue until the defendant had perfOrnied his contract. The VicE-Citmecr.t.eoft ordered.the. injunction to be con. tinued, and said it was triffing*lthithe Court to consider that a man could thus get out of his contract." Here was an dual who had entered into an agi'eeitietit, to pay several vely large sums of money,. the first Instaboent of which he dila unable to inalte , 'good, and' was obli g ed to get the manner of paying altered, being at the same time a person taking the benefit of the. Rules. of the King's tench Prison. .He: pre tended to say, too, that be acquainted the vendota• with these circumstances. His Honour Observed, that it was to him per fectly incredible that persons should bave hem wining to part with a valuable right like this to a man alio was in. thetules of the King's Bench l" risen; , 'The plaintiff's Ceiinset xtnted that this patent had been ex trertiely.heneficial- to . the trade ; that by3tas much could be done to One y car as had been effected hitherto by any other process in four,: and that nearly one thousand applications had been Made for fieences to exercise it. Upon their request his Ilonour appointed a receiver, with liberty to grant licences, and receive the profits. LAW INTELLIGENCE. 8111. GEORGE BZAUMONT V. ALLNUTT. • Thin was an application by Mr. BETA., on the part of the plaintiff, Sir George Beaumont, for an injunction to restrain the defendant from selling the picture or Macbeth,: painted by Mr.. Haydon. The motion was -made under these circumstances:— Sir George Beaumont purchaied the picture from Mr, Haydon, and subsequently lent it to him for the purpose of being exhi. bited at a picture-gallery in' Pall-mall, die-property of the de fendant, Mr. Allnut. The latter having a claim far rent, seized the picture in question, and the present motion was to restrain its sale. Mr. SUODEX appeared as . Counsel on the part of the de fendant. . The VrcE.Cnalrett.t.on doubted whether an action of trover did not lie in this case.' After a short discussion, it was determined by his Honour that the case should stand over for a week. with liberty to the parties to file further affidavits. !Jiff, Honour did not rise until 6 o'clock. He continues the seal to.morrow. COURT OF CHANCERY, JULY 24. PERuviAN LOAM, .. .. . . • • • . - • . 4.ciarts AND OTHERS V. KI NDER AND OTHERS. ~ Mr. WEtritnEw. replied this day in the above case. .. , The Loan CHANCELLOR asked whether there was not a serious Objection to this bill, which would at once dispose of the injunction? ~ It seemed to him 'to-bean almost admitted , ' fact; that" the persons who filed this bill could not file such a . • bill. on behalf of themselves and others; and if they could not do that, hew came it that there were three to-plaintiffs ? Here . were. three persons who had a separate demand at law and at ic(iiiif they had any demand at all) , and the ir bill was filed . , jointly on their own behalf, and on that of other subscribers, . which they had certainly no right to do. ' Mr. WeTirzut al. said It was his intention to have di r ec t e d _ - his Lordship's notice to that . part of the ease presently, but if ' the Court thought it A„ su ff icient objection, it would be useless for him to proceed. _,, The Loan CHANCELLOR Said he certainly did, and there . , fore he. ordered the injiinction to be dissolved; in dping se, - • however, it would be understood that the parties should have immediate *Ake thereof ; and if they parted with the Money le jedged in their hands, it would be entirely at their own peril. He wished not to impress that he sanctioned the parting with P' the money. `,.- • • ' Mr. IlEs.r.D.--Nor the contract ? 'i' . '' The Loup CHANCELLOR.—Nor the contract. In short, he went upon the • principle that he had nothing to do with the :. transaction. He decided the application simply on the ground that if he had known-the state of the record and of the exact de mend, at the time the injunction was applied for, he would hot ( have granted it in the-first instance, and in parting with it now, he desired to . be understotid as saying that he gave no opinion whatever as to the 'right of the parties keeping or parting with the mollies. Mr. HEALD.-:-The parties holdingholdiog the money were merely trustees, and be would ondertakeio say that they would not be actuated by any views ofix persbnal nature. Mr. WETHERELL said, he was going to read to the Court, as well as he was able, a part of the Sierra Gazette in the ori ginal Spanish, where this., Loan was SPolenof rather in terms of approbation than otherwise._ The LORD CHANCELLOR knew nothing of any Sierra Ga-. zette—but this he knew (NM looking at the Newspapers under . _ the :head " Coastal, namely,. that they ;were of little more - value now than theywere.Whot he heard of this case. - ' ' Mr. HART hoped hie clients' (Messrs. Everett's) costawould . .. be in some way ilrov*l for. The Loan ClTaiscELLon.—Let.theni be costs in the cause. If the money.was ...in my hands, I should not be backward in paying my own costs out of it---(A laugh): . - Mr. NV,writEittt.t..—l don't apprehend your Lordship will be ever troubled in this case again. The LORD CHANCELLOR.--I don't apprehend I shall. Injunction diesolied. , . - • • . . • .rioxtaNA.—stanwoon a . :•rii co. V, EGAN. . Mr. lIADRrELL moved for an injunction on behalf of the plaintilrs, who, are,well known publishers•in Paternoster-row, to restrain the defendant, who is as well known through his la bours in pugilistic literature, from using the title of one of his works, the copyright of whic hl he had made over to tflem. It Appeared that the work in question, entitled "Barlow'," was commenced by the writer in 1818, in consequence of an engage ment into which he had entered with a 3lr. Smecton, to give to the world an exact and authentic history of boxing, so far as remaining records and tradition , would allow of it, from the time of the renowned Slack and Broughton down to the cham pion fight of Cribb. These conditions, as it further appeared to the honour of the defendant, had been more than fulfilled, the book Which followed having been allowed on all hands, to be not only replete with touching incident, but no less remark ;able for the wisdom and inherent equity of the mailing and rules which it develops concerning that noble structure ofjuris- Prudence now established in the laws of the ring. The first number of this work was published without the name of the writer, under the indefinite title of an " Aniateur." It was so successful, that it speedily took the size and sub s ta nce of a • volume,_ 4rttl-. then it seas ayowetlly edited by Pierce Eg a n , -tsq. The'capyriglit passed' into the hands of the plaintiffs, -' who contracted with the writer fora second volume, upon which they paid him 851.. for a perpetual copyright ; and in 1820 a third volume appeared, in consequence of similar suggestions from the same q uarter, fbr which transaction the plaintifili al leged as proof the receipts which they had of Mr. P. Egan. Some time after this, Mr. Egan put his fancy into fresh exercise, and hactadvertised for publication on his own occount Part I. of Vol. IV. of Boxiatui, with words ,denoting the very .title which he had sold to Sherwood and Co. Now-the plain , . tiffs were ready to admit that they could have no right to the letter-press property of the new series, _but they bad to the title .of the fi rs t d irg e volumes; and Mn. Egan, after parting with them in the way he had, ought not to use the same title. To this extent lie hoped the Court would grant the injunction agreeably to the doctrines already laid down in various copy nght cases to be found in the books. The Lora) CtiANcELLon joked upon the boxers having beaten each other into Chancery at last, and requested to have . the books handed up to him. •• Mr. SHADIVELI. said, that they would be found to be harm less, and therefore entitled to protection. Ito might say of it, us h e said of lieppo a day or two ago, that it contained fun, though he must admit that there were in it some points of high theology, which were adjusted by the, writer in too Calvinistic a spirit to accord with the 39 Articles of the English Church. lie had no doubt but the injunction would be granted, because it was not a very great while since his, Lordship had decided on behalf of Lord Byron, that a party who had falsely used his . Lordship's name to a work which that Nobleman did not write, must be restrained... • . . . Mr. Egan then rase, and having chosen .a favourable atti tude, addressed the Court. He began with an apology for ven turing to take up his Lordship's time, which, however, he _ would not waste at any great length. He was surprised at the , omission of one little circumstance in the case, to which he had expected the attention of the Learned Counsel to have been di 7 tee*. if e begged, therefore, to ask him, had his clients an assignment of the work in question upon a legal stamp ? be- COUNTY ofSTAFFORD ELECTION.. Wednesday being appointed for the Election of a Knight of the Shire, in the place of the late Much.lament ed Sir J. F. Bp o maim v, Bart. the Borough ,was scene of ex traordinary bustle. Every avenue leading to the town was crowded at an early hOur by carriages, equestriani,- pedestrians, .&c. flocking to the place of election. At ten o'clock Sir Jouw WHOTTESIAY appeared in the Town Hall with a great number of his friends, and many of the Nobility and Gentry of the County. After the King's writ had been read, the Member for Droit witch (Mr. Fomr), proposed Sir Jam; WROTTESLEY, of Wrottesley, as a proper person to be elected as a Member for the County of Staffbrd. The lion. Gentleman prefaced his motion with a high culogium upon the public and private virtues of their late Representative, and upon the independent principles of the Honourable Baronet whom he bad the honour of proposing. The lion. GEORGE Axsox, Member for Great' Yarmouth, seconded the nomination in a long speech, in which he feel. inglv lamented the loss the borodgh had sustain ed by the death of the late Sir J. F. Boughey ; he spoke highly of the public principles and private virtues of that deceased Gentleman, and trusted that Sir John Wrottesley would give them cause to rejoice that their choice bad fallen upon hint as the advocate of truly British principles, upon a man, who, he felt assured, would undauntedly support their rights and liberties.—(Ap plunge.) Sir joitsT WltovrEst.r.v being elected without opposition in the usual form, came forward, and addressed the Electors at very considerable length, declaring that he would honestly discharge his duty in Parliamnt ; he would watch the inte rests of the trade of the county; he should anxiously study the wants and wishes of his constituents, and they should find hint in every. respect the independent man.—(Cheers.) — lie thanked the Electors for their numerous attendance , and being chaired through, the town, the Electors were invited to drink and make merry, the customary sequel to an election. • . [Our first impulse, after reading the Cambridge trial to-day presented to our readers, was to withhold its horrible details from the public eye ; but on further consideration, we'relt it to be a duty to sacrifice delicacy to justice, - . and to give a full and accurate report of an investigation, 'which, clears the character Of a man exercising such important functions as those of the defendant.] • CROWN SIDE.--THE Ef WO pl. TiIE RT.v.TROMAsJEPtIsON. This was an indictment aguinst the defendant, a resident Fel low and Tutor of St. John's College, in this University, charg,ing him—lst, with an assault on one James Welch, on.' the 16th of May last, with intent to commit an unnatural crime; tnl, with enticing and soliciting the said Jiffies 'Welch to commit an unnatural crime; and ;1(1, With indecently ex- . posing his person to 'certain subjects of oar Lord tlati King. This case excited the most intense interest; and long before the Learned Judge, Mr. Serge:Sot Dowastiattyr, had taken his s 3 e f a r t . , j e e v e ) r b y so p o a r,,,tasos inth C e C ourt rim d u o in r a i l C o g o ; l i t e r was crowded wb e trial, to atisi tt excess. n the right of the Common Sergeant. The witnesses on both sides, except those to character, were ordered out of (3ourt. The Common Sergeant was specially retailed on the occasion. Mr. PRV3tE stated the case. He need hardly remind the Jury, .that the duty of a Counsel was often one of a most un pleasant ;aute. It was always exceedingly disagreeable to bring ome f t o b r o w e a b r : d i against ra a c c te h r ar o g f e stinoo of an respectabilityind iv i individual w oo h d o p h r a o d b hitherto b who had maintained an exalted station in society; but the duty he had to discharge was peculiarly unpleasant to himself, be cause the defendant was a member of the University in which they both resided, and because, in former times, he had fre quently met him at the table of their common friends. He therefore had some degree of acquaintance with him. But in a case of this, or indeed of any sort where a brief was put into`the handsof a Counsel,it became his duty to state the case clearly and fully, utterly disregarding all adventitious circumstances. He trusted that he should so conduct himself :'and while on the one, hand he, for the sake of public justice, brought forward the charge without harshness, he hoped; on the other,he should leave nothing undone which it was the duty of a Counsel to do. The Jury had also a duty of some difficulty to perform, because the case must have approached their minds through the medium of general report ; and it was fit they .should diacaril from their minds, as far as. human' nature would admit, every thing they had heard out of doors on the subject, and come to the consideration of the case with the utmost iMpartiality.— The defendant was a resident fellow of St. John's College; and it would be, proved by a boy, named 'Welch, who was employed in the gravel-pits at Barnwell, about a mile from ( be r t i l i ori l yo s , , y t , o a w bne n d , bohe t u hs bk o o n ta the u n ni ter ttl L o t o g I.f a. A a vi n ealy, a w d l j ha n g st,trell( fi u e e tillradey,d to i e nb r g e e lie met the defendant, between eleven and twelve o'clock in the day. The. Learned Gentleman then described from a plan, the situation of the field, which lay on one side not of a regular carriage-road, but of an occupation road, which led up to a place called the cricket-ground. In the middle,of that road there was a gate, not so wide as the road, but having a hedge on each side of it, so as to fill up the whole space. • The Learned Gentleman then rFoceeded to state that the defendant called 'Welch who was in this field, and asked him the nearest way to the Cherry-Hinton-toad. Welch directed him. The defendant then gave him fid,.; and. asked him a variety of questions—whether he led a pod life—how old he and whether he kept out of metchief. Ile then came near Welch, took him by the hand, and asked him " If he liked a .man ?" Welch, being only 16 or 17 Years old, did ntit at the moment Understand what 'defendant niciint, and susitiered " that he liked men very well." The defendant then solicited him, in terms which cannot be published,, and offered him money if he would lie down in a ditch near which they were.--- Ile ultimately asked Welch whether he wiiuld meet Whit in the evening . ? , Welch it lira hesitated, but ' it length consented, anal the 'defendant old him to come to the field at nine o'clock, when Irwould he. ark. He then said to the boy, " I must kiss yo u , " which he did. not separated ', the defendant bids Welch good bye, and said, I hope you will not kisii and tell." The first step Welch took was . to go back to . the gratel-pit, and it would be shown that ,*hen he arrived there lie etineed genie degree of . alarm. He then commiinkited what Ithd , happened to several pertions whom he eiiiv and it was an. ranged that they should proceed with him to , the field 'at tine 0 clock. Tlie boy was to seem alit alone, and the men were to be concealed 'so as to ,hear and see a ll th a t p asse d. Th e y a ll started togethet.at a quarter before nine. It ihoulti, hOweVev, be observed, tJiat in the course of the day Wplch saw the defendant gOin_g through Barnwell, tthd pointed Inutout to several persons. The parties, as be had Stated, set out for the place .of appointment at a Inane, before nine o'clock. The perty consisted of the boy %I eleh, Joseph Hart, O. Wiseritian, ..I. flutters, W. flutters, and Philip Lan haul. It was agießi that Welch should walk i nto the field whilk the other persons lay in a ditch. perdu. The di tc h was deep enough for that purpose, and between it and the field there was a, hedge, which owea,ssiorig what not, hadt was wev goer, ig on. t o hickenough to prevent them from wit. ,at the place, and the oth ers bout secretedn themselvesodok .Welchcon rr ling ive agreement. After waiting a few minutes they saw the defendant Mine to wards the field. Welch and defendant came near ' nc a t d o where the persons were concealed, and stopped at a gap. The defendant then ve Welch so me money, and kissed him several times. When Welch resisted he strove to get him into the (WO. The defendant said, amongst other things, " You are a very hard young man. I am afraid you are . not . the young man I took you for." He then gave Welch some • more money, and said, We are not safe here, let us go through *is gap into the next field." Ile got over the gap, and called W who did not come by that passage, to elch, but went through another, which was near his friends. The defendant became alarmed; and said, " Conic, come, you are a long time." The 'defendant then proceeded to acts of Indecency not to be de scribed.. .The witnesses, whom he would this day call, saw all this. They were but a few yards from the defendant, and • were screened from his observation by the hedge and ditch. At that moment, thinking that the matter should proceed no farther, they came up suddenly and seised the defentlifnt. His trowsers were then unbuttoned and . down. They took him out of the ditch in this condition, and saide." We will take ,you to Cambridge before a Magistrate," and they bmught him along the field. They defendant observed, " You are acting in a very wrong way—,l only came there to ease myself." Hart, one of the witnesses, said, " That won't do, for we have heard all you said. will take you to Cambrid ge , as t h e Bishop was taken to the watch house. . The defendant then begged very hard that they would permit hint to.biaton him sett up, which they refused. He said, " N'on treat me very hardly." They told him theY would take .him before. Mr. Purchas, a Magistrate for the town and county, wh o li ves in Cambridge. The defendant'S answer \ ou may, if you helm, he will likunnod youowMr. rcliia s about your erY b s They then said, " We will take you to St. John's College, which which th e d e f en d ant ivell and if you t a k e me to s entreated them not to do, as it would ruin him for ever. There was a gate over which it was necessary to pass to get out o f t h e field. One of the witnesses got over the gate, and wanted the I mh o h e a ruined man. All my pluces will be defendant to getover also. Defendant then laid his hands on the i was: proceeding to speak; when. irate, and said, " Consider, hero are five young men against one ; (meaning, doubtless, his impointments In Col -1 ton" There was, it gate, and the defendant defendant said " flush, soupe one will hear requested the parties to go to haystack, thesancl in corner of the They went to the a hay-stack, - 4 s ! w e a s c k 0 n e c ot i i l f e v. fe ti rd a t g rltzi a es i . n th h ei e noiw g nei g ni:eu e tlincl t iti l ni:ei t ,e ! lest i lai t tlo t ann s ,te,i t i r its o w i a ew becauserasyu_p. t th, v l n l ittion made d as a fell n ilkio d teete:ni t i), l ltwkr l bn l oh e de (hien where clueef t re Y t vt w he d o : :° t wa t t . I° p t bliiels n se: e : n o bt t e nC soma silver, irt took ewkanftit: he gave to some 1 11 ti t tioildilee,..nnootslat said, tor afterwards,ac ovneinevi liesii in c consequence to y e,sa t .e ttheiiitni,egho. hope ep They t h y e ot y l c o e wt r i t si a ei ow u l ion a ,wri w irli o s r s d usu a ta bo itd: l n: t .e i nl t it 00h I de f o y wi o ge u huti t .. l : ylo : txu a nv n ge t by sev er wi tn m 4 i j for Welch mentioned the circumstance which occurred in the morning, not only to thos e who necOm p s iniell hint, but to others who' did not itcrompo7 him ; and he w ou ld sliew that during ile m t the o i inotgerv,and b betweenis( li s meeting with t h e defendant its er- tin e , he poi nte d out the defendant as the person whom he wits to mee t in the even ing. On the eveningth e following day, Saturday, the 17,:i of May, two of th e witnesses, H an and Wiseman called at the chambers of the defehdaht• Ile hail, i t should be stated, given them his name on the night before, or rather - a name like that which he really bore—the name of Jefferson. They, hoiever, by mime means, diseovered who the defendant really was, and on the Saturday they came to his rooms with the watch he had given up, thinking that it might . be a family . watch,. and that therefore the defendant might want it ; the defetldant, when he saw diem, , ran about the place in distraction, and bid them. quit the room. Hart ex claimed; " Will you hear. what I have to say ? no one knows yOur name but us two." The defendant said, ‘ 4 'rake the watch, I gave it freely, and want to have nothing more to do with it." Hart wished to speak to the defendant outside of his room, hut he said, " Hush ! hash !" and shut the. door., On the Saturday morning, the defendant had gone before a Megis. ' trate, and made a charge eigainst certain persOns unknown, for ' taking his watch and money.. Now, when, on the evening of that day, two of those very persons came to his chambers, what Would he have done, if he really meant to prosecute theth to conviction ? Would he not have had them apprehended while they 'were in the College ? Was not that the natural ' course for him to have pUrsited ? The ; peace was at the gate—the . wicket only was open L-there were persona in all the Nome adjoining, ter it woe full term time, and nothin Could have been etuder than the appiehensitin df thoie per sons. The alarmmight, have been giVen, and the individnals whom he had described in the morning as. persona unknown might have been identified. The detendent, 110W/et, took no such step He knew not what effect that dritimetanea would hive on the minds of the Jury, but certainly it was worthy of their serious attention. What was his subsequent conduct ? Why, even after.the name of one at least of the parties concern: ed had been obtained, he abandoned the charge which he had brought forward on the Saturday morning. Was that, he ask ed, the course which an innocent man—a man of conecioUs in tegrity, would take? What was the next step lie took ? He lett Cambridge on the following day, - Sunday, the Pith of May. This happened iii the middle of term time, when he ought to have been doing his duty, by giving lectures to the students of the College every day. In the mean time other inqui. ries had excited tin alanu, and he believed the police.officers Of the town had ascertained the names of two or three others of the party. The defendant returned to Cambridge on the Wednesday, whether of his own accord or not, could not be known. On the former charge, the Magistrate hearing that Hart was a party implicated, sent for hint, by message, on the Sunday morning, and he immediately attended. Was that the conduct of a man who was guilty of a capital crime—that of extorting money ? He came instantly, and a conference took place between him and the Magistrate, which he was not at liberty to state, but the result was, that he was allowed to go about his business. On the Wednesday the defendant preferred a new charge: On that occasion the defendant was himself examined, and he gave an account which showed clearly that he was at the spot men. dolled by Welch, on the evening of the 16th, and that he was close to the same ground in the morning. The statement the defendant gave was, that lie set out on a morning ramble, at 11 o'clock,.and that ie left the high road because the duet ao. noyed him. Now he would show that there was so much rain on that morning, that the men could not pursue their usual oc cupatien in the gravel-pits. He gave a long account of his rambles through fields and groves,without any ostensible object: He wanted, he said, to get to the walks at the back of St. John's College, but perhaps the path he took was the most contrary. The Learned Gentleman here read, front notes taken at the examination of Mr. Jephson, the account which that gentleman gave of his walk in the morning. Now, for what purpose could the defendant have gone to the place which he Omitted be had been in, both in the morning and vetting ? The reason he stated for going that road in the morn ing was not only inadequate, but could not have been the case ; for, as lie had already stated, it was very wet; and, fee what purpose could individual. proceed so farout of his *ay in the evening ? Yes, be rislted,,.avhat, purptiie could lead itim •to that :field at nine in the evening ? One reason, and the only one .he gave, was-:.that lie went there for, the purpoie of easing • himself. Now; Was that a yrobahle caitse ? There Was rid necessity for his going up unti,that field for such a purpose. There: was a gate, in the road, and on eitat side of that gate was a hedge remarkably high and thick---indeed, all along the lane there were high leedgett. : e. , rmet, ltd fict, if a per `ion wanted to withdraw for that purpose from the road„ he could hardly rind a more quiet and retired place than that pet beyond the corner of the gate, where it was impossible he ould be ken by portents pausing along the road. What ; then, could induce him to go so tar into this field, where there *as no accinimiodation, whatever—to go into the very middle of, the field ? IVali it for any other purpose but that which tile boy Welch stated ? That was the question which the Jury must decide. The defendant stated, however, that he went to , 'this place for a natural purpose ; but certainly there was a very great difficulty in giving a reason why lie should go the whole of this distance, which was more than half a mile from the high roed, for that nrpote. Aceording to his statement, he saw this boy ill the field,' and yet he went over the hedge to a place 'where he saw be wars liable to be obtruded en. Time defendant 'iliac in thhi situation was laid bold of, and he was taken up to ha,y4tack, near which there was x house., Now what would be the conduct of an innocent man abducd of such an offence ? Would he not have called for assistance from the houee ? And, if the defendant bind raised hiss voice above the ordinary pitch, be must have been heard, and assistance would have been procured ? Was, then, his account consistent ? Wes it ere. Bible ? COuld the jury for`, ti moment believe the statement ? Let this circumstance he coupled with those hi tutu of. the =men coining afterwards oi his rooths, with his suffering thein td depart; and with his having abandoned his charge before the magistrate, after he had learned the names of one or, two of the parties—.let those circumstances be coupled together, and then ea y, was such the conduct .of •an innocent- , man ? It was a 1 rule of evidence, that, when the deposition •er the examine-' tion of an individual was brought forward, the whole of it must be stated. The, person adducing it could not select such parts as were favourable to his 'Views, and keep back the rest : but it wan for the Jury to say how Much of that statement or deposition, when laid beforc them, they thought worthy of credit. It was for the ' Jury, to judge whether they would believe the whole Iw, part of. any such statement, or whether they would disbelieve it .altogethere erWhen die charge was dieted:4BW on the Sunday, the Whole of the witnesses were , e Five of them were treated. with a dinner by the constable who apprehended Itert....- On the Wednesday!' new charge was made, and that also was abundonett or dismissed. It was very trite the principal halt. victuals Whom, he should, call e . witnesses had received the watch and money f r om the defendant. This was hi g hly tine proper ; for it was the, indispensable duty of every man, when an offence Was committed against .the law* of his country, to bring the charge before a*megistrater andon account ought he to receive money to Conceatit. But while he admitted tem lie improper, the question was would the jury be prevented, in consequenceOf that transaction, from believing the concurrent testimony . Of. five persons, whose • evidence would be car. rebortited in. severe! Amaterial paints,_ by witnesses ,who had not received any share, of due. money P The . evidence' of one who confessed himself an accomplice in a felony was taken, •if it were. corroborated by . other witnesses. In this case, the parties , felt they had acted imprudently, and Hart ,and 'Wiseman Offered to give back the watch voluntarily. and unctindidonally. When the defendant suffer ed them to go away with the watch, could it be viewed in any other light, but as arisirlg . from a wish of the defendant to keep those people bound to hun in some degree, by the reten tion of the property ? „ The act of ,taking the money, though improper, did not destroy the testimony of those people. They,. pursued a straight forward course, except in that one instance. l'hey would be examined before the jury separately, and they Would be cross-examined by one of, the most acute and learned gentlemen at the bar, who had been selected from another cir cuit, on account of his great ability, to defend the accused party. It was impossible, if the story of the witnesses were false, duct it could stand the teat of eroes.examination. They might differ in some trifling points ; some, whose memories were more tenacious than the memories of others, might recollect a, greater variety of circumstances, because it was nn. possible ibr five men, to agree to a nicety in .a detail of facts;. anti, indeed, if they exactly agreed in every word, the infer, ence would be that the whole was a forgery. But if they eorro. borated each other on all the great points—if they only differed on minor, points, and if their evidence was corroborated as to certain circumstances by the evidence of others, then, he con. tended, it ought to have its full weight. He would now leave the ease In the hands of the Jury, pettedly convinced that they would return such a verdict as would :way the justice of the case. The first witness called was James' Welch, who derosed=l shall be 20 years of age on the 18th of next October; I live at Barnwell. I know the defendant .leplison. On the • lath of May last I saw hlin in a field of Mr litoittlbeles. .1 *lo go trig across that field. I was at work in the nett kniiind tolll r. BrOatibeles gravel-digging. It was avec morning, and I Could not work. I turned out of his way to shun him,. b.-cause L' Cros.s..extonined by the Coststow SEntikixv—l never Saw Mr..lephsert before twiny life. The tirot - wirdit I ever hoard howl him was, " Good morrow, 'young mat;." I then took, him to the gap. All the, way ,along that hedge you could be seen from the cricket-ground. I saw two persons in the cricket grotind; they were working - there.. On Sunday when taken before the Magistrate T was not examined. It was just after my dinner time. 1 was kept there on hour, Hart only was examined at that tune. I was taken up again on the. Thurs.: day. I wiui brought before the Magistrate. 11fr..lephson wa.s present, a nd matte a charge against us for a robbery. 1 was called on. foamy defence, and I told the Whole truth as far us 1 could recollect. Some words 1 have recollected since. I swear thati mentioned before the Magistrate that the defend ant " I hope you will not kiss anti tell." I knew wh a t he meant in the niorning,,;wiren he took .me by the MO, and made use of such' eirpresSions: refutaxl„his money,. except the sixpence which I got fer showing hhn the way. T did not hell the . Magistrate that. the. defendant offered.rntfinoney . iii the morning. 11*Itness afterward} attic!, I cannot &wear vilti . titer or not 1 mentioned that circumstance . to the' Magistrate. I did ,nol tell the Magistrate that I' Saw in Barn well. Is eiceped my rnernory. Inert the men Came upOn tut at the ditch, lili,lephson was not in the position of a than who Wits easing him - self. He Was upright; hut when the men came -1 near, he pretended as quick as he Wald that he wits teasing him.: self. The pound neto given:to me in tlifirst instance I bey with the party. The division of the Money given by . the defendant took place at Ilart's house; it was 12s. Bd. o-meee, In leaving the niece ' two Of the parties, William Butters and Longhorn, hod' hold of me. • I Vent by the side of the men. islo money was demanded. The defendant said, " I freely. give you up my watch and,MoneY." •I heard nothing said of girls, neither do I know that many girls walk that road did not mention to the Alagititate that Mr. Jephson " admit that it is a diottraCe Ao the I thought of that since. I beard one of the men mentiiirlit, but I don't recollect which ,1 cannot say how often 1 and the others have talked thio bunt. , ness over. I have seen the platte tv}tee. 'On Sunday we re ceived !'soul Sholloiv'a pound:tt-pitee for' the watch. I have lived in Barnwell four Ire** i4llSei . in the 'Sane yard 'whit Hart. Butters, and . the °there. Re-examined.---Whefil Wes trtrught before the Magistrate on the Thursday,. I was tt prisonei',ebittged with it capital of fence. I was on my, defence, and I stitted what I conceived Cu be necessary for.it 'The patty did not take me into custody.— I knew when I removed trim one field to the other that the men were there,- I saw them,. but did , not speak to them It was Shallow, the . constable, who,, Ott the Sunday, gave us a pound apiece on 'account of the watch. He .iii it was to settle it. .loseph hart examined.--I ant a cabinet. nttker in I went with \Pelt:h t 4 ti field, on the' 16th of layat ,Sl av; ltt' eir \v. an ,ltttuett'l~`clr'h were d described a til b ldtl ( t l e etii . e ir d ty ti e le xce d p is t g ' u lli s i d e n le g h ., .. 4ce hi n d e t lv h b et i a c ut h elv u el i w n tid th-e to - ti b e a l v d e , taken place between VVelelt and the defendant, as it had been related by Welch, varying only in the form bf certain expressions. IVitness statFd, that the defendant embraced Nireleh several times in' the '&hi. lie pulled Welch into the ditch, and embraced him there . sevend - times. He heard tbo defendant aity to Welch, 4 4 N'ou are a very hard young tnan.' 4 "%Viten the defendant 'and lifelch were at the gap, the defend ant offered Welch lila. additional. When the defendaq was lard hold of,• he said to wiittesti, " re “ " 1 " mr--ngs nesx i ri r '7l n i v . " Le h i d r i, v r A Y : w ; a l ra t:ta i tb n a k ee l : n c n tl ; ,.4 ;t: e i :h . Tortvu :y 1 i t r Jitr i t ti n e v l ok ou: l t g et i w t: i t ti ll y ' e fet t; ar t i l r a l n e:r i li ti John's College. Ile said he woithl take defendant to Sc. j o h j e s _ Goner 4. Defendant said, * 4 Don't, for God's flake! If you do, I sliali t he a ruined mail and lose evety thing I have in Celle Ac." '' t h an d escr ibed titegi i t of the Money and watch. I his ,oc„Cirrtd ltu t h e p r i i i h y„ Go the Saturday forenoon witness .I ttif i sa 6 ne ll eArsetien with George NVitteman ; and la . eonse. sittence he and 'Ariitemaii went in the evening to St.. John's College. lie asked the lamplighter which were Mr. Jephsen's