The Sun. — London, England, 1820-07-28 00:00:00

ASSIZE INTELLAGENCE. HANTS SUN:NH:It ASSIZFS, 1820. THE KiN,G_CI- 11 ECTOR. AND OTHERS. Mr. E. Limos stated, that this was an indict rnent against _John Cornthwaite Hector, John Caw ley, Edward Shoyer, William Sprott, and William Ware, for forcibly entering and keeping possession of a certain niessnage in Petersfield, the property -of Mr. Bower, and in the occupa tion of john Jones. GASELIM—" I am sorry to be under the painful necessity of stating to your Lordship and the Gentlemen of the J ary, circumstancesof ex tremely violent and outrageous conduct on the part of, persons, whose situation, the one in the profession of the law, the ether a constable, would have led one to expect that they would have obeyed the laws rather than have infringed them. The two principal defendants in this in dictment are Mr. :Hector, an Attorney, living at Petersfield, many years in the profession, who acts as the Steward of Mr. Joliffe, at Petersfield, s ho has considerable influence in returning Mem bers, to- Parliament for that Borough, and John Cawley,4a Constable. There persons were both bound to know the law, and ought to have warn ed the other defendants of the consequences which would result from their illegal conduct, and to have exerted themselves to prevent it. So far, however, from giving that good advice, it will be seen by the evidence which I shall call, that these persons themselves were the _active promoters of the outrage which- gives rise to the present pro 4-eedings. I will now state the circumstances of the case. Mr. Bower, the prosecutor, is known to many of you ; he has long been the mathema tical teacher at Winchester College. This Gen tleman has a house at Petersfield, which he pur chased of a person of the name of Newland, in 'lBlB. The premises were in want of consider. able repair, which Mr. Bower caused to be effected, and in the autumn of last year, he agreed to let the house to Jones for 81. Bs. a year; and on the Bth of ' December last, Jones took possession of the premises, though the repairs were not then in such a state of forward ness as to allow him to reside in them. In Jan uary last, that national calamity which then hap pened, (the death of his late. Majesty,) made it evident that a General Election would soon take place. The right of Election in Petersfield, is .vested in the owners of houses.. I t had long been known that there Would be a contest for Peters field, and that Mr. Joliffe would be one of the Candidates ; now it suggested itself to these De fendants, that if they could by any means obtain • possession of this house, they might then secure another vote for Mr. Joliffe. Accordingly on the evening of the 12th of last February, the house . having been locked up by Jones, was broken open by the Defendants, who took pos session of it with fire-arms and swords, and mounted a regular guard. Mr. Bower had an agent at Petersfield, whose name is Minchin, and who paid the rates, and superintended the re pars for Mr. Bower. Jones, discovering in the course of .the next day what had happened, informed this person of it, and they went to gether to the house, where they found Cawley, /112 constable, a man bound to keep the peace, in possession of it. Jones demanded the possession pf , Cawley, who immediately told hiM "not to came pear, that he (Cawley) was in possession, , 17.11:1 ate r:ould blot: any man's brains out who came to he house." During this conversation, Mr. 'Hector canie, and observed, that he had di- Tected it . to be done, saying, " This is Mr. Taylor's house—l have seen his writings— r. - Taylor is in possession—the men are arm ecl , and I have - authorised them to fire and blow a hole through any one who attempts to 'enter; and I will indemnify and save them harmless." This- was the language used by the Defendant, Hector ; hut it would have been well- if the other defendants had first inquired into the nature of the indemnity so to be given before they engaged in this affair:" I say without fear of contradiction, that if any man had been rash enough to • fire, his Lordship would liave.pronounced it murder. What -then would haVe become of Mr. Hector's indemnity ? why, instead of this proceeding, a very different one would have been instituted, and Mr. Hector him self would have been indicted as aiding and as - listing in murder. Men (especially those in the situation of the defendants) should be very care ful how they lay down doctrines to mislead the people, and which may terminate in the loss of hives. Gentlemen, you will perceive that this is a most violent' outrage, though I dare say my Learned Friends on the other side may call it a mere election squabble.' It is high time, how ever, that these persons should be taught that there 15 no excuse for a violation of the laws. — You will observe, that the house is left secure on tha Saturday night, and that on the Sunday, three or four persons, one of them the apprentice of Mr. Cawley, the Gentleman, who not only, breaks the law himself, but induces his apprentices also to do so, and the others, labourers, are found in possession ; and that these men, to throw the semblance of legal sanction over their conduct, employ two peace-oflicers to assist in Maintaining , that possession which they had forcibly and ille gally taken ; but this, I am sure, you will consi tier-an aggravation of their offence. I shall now proceed to call my witnesses, deferring any fur ther observations to . the opportunity when I or my Learned Friend (Mr. Casberd), shall have the opportunity of addres sin g you, in answer to 4he: case of the other side." William Mindhln, of Petersfield, printer and atnAtmeer, was examined by Mr. CISBERD. He stated, that he was the agent of Mr. Bower, and that.he let the house in question for Mr. Bower to John Jones, from the Bth of December last, to John JOnes, who then took possessio n ; and the k - cty.was delivered to him. lie proved that Mr- Bower had paid rates for , the bouse,and had ordered considerable repairs to be effected. 'That he (Vlincthio) went to the house with Jones, about 7 o'clock in the evening of Sunday, the 12th of Fe bruary, in-consequence of what they had heard) and that in about a quarter of an hoer, eney saw Hector and Cawlry standing near the house.— : That Jones then went up to the house, and Cawley said " he (Jones) must Cot go there ; the 'house was his castle, and if he attempted to en ter, he would blow his brains out." Mr. Hector said, " the house was Mr. Taylor's ; that he had seen his writings, and that he had given orders. to fire if any one attempted to enter, and he would indemnify them." — That two panes of glass were broke, one in the kitchen window, the other in the chamber above ; the glass was com pletely out; the shutters of the lower window were closed ; there were none to the other. That when they first went up to the house, they heard voices in the house, upon which Jones asked them how they got there several times, and ordered them out. That several days after wards, he heard Joues again demand the posses sion oT the premises from Cawley, who' said, 46 the house was his," and that he had " taken it of Mr. Taylor." J ones then said, " the men in possession had entered by force, and that he (Minchin) and Mr. Lee, would witness that he had demanded possession ;" upon which Cawley said, "he did not care a d—n for fifty witnesses." That Jones then demanded possession of the other defendants in the house, who said they should keep possession till they had orders to retire. On his cross-examination by Mr. Serjeant Pell, he stated that he was not one of Mr. Hector's po litical party. That he had known the house for a number of years. That his father had never, to his knowledge, been ordered by Mr. Taylor to sell the house for him. That he had never heard that Mr. Taylor claimed the house till the MI of February, except by report. That he had never heard that this house was advertised for sale with Mr. Taylor's Purbrook Estate ; that he had heard Mr. Taylor had a sale at Purbrook, with some property in Peterstield, but he did not know where it was. That Mr. Bower was not put in possession by his (witness) father as against Mr. Taylor. That when he and Jones saw Cawley and Hector on the Sunday evening, there were a number of persons with them. That they had not hedge-stakes with them, as he saw, only some , of them walking-sticks. That Jones had not a crow-bar with him, only a lantern. Re-examined by Mr. CASBERD. lie believed the people were about, the place accidentally, and that they were not brought there by Jones. That a meeting-house in the neighbourhood vas just breaking up when this occurred. That New land during his life occupied the premises, and that after the sale to 'Mr. Bower, a man of the name of Aburrow was put_ in possession, and occupied them upwards of twelve months. That , he never recollected Taylor in possession. That he (Minchin) had paid land-tax rate for Mr. Bower to Mr. Hector's clerk. John Jones, the tenant, was then examined by Mr. E. Lawes, and corroborated the testimony of the preceding witnesses ; and on his cross-ex amination by 111 r. ADAIR he said, Mr. Hector had never told him that it was improper to make a forcible entry, and that he (Jones) had never encouraged the people to commit any violence, or attempt to regain possession. Mr. Serjeant PELL rose before the examination of this witness was closed, and stated that as he was anxious to save the time of the Court, he would take his Lordship's judgment on the case as it now stood. Its must admit the facts, thOugh he could perhaps meet by evidence part of the state ment of the Counsel on the other side. He admitted that if a man had ever so clear a title to the possession of any premises, he could not gain that possession by force. Mr. Justice BORROUGH.—That is as clear as day-light. Mr. Serjeant PELL resumed.—He was satis fied his Lordship would perceive the situation in which Mr. Hector stood with regard to Mr. Tay lor—that he was merely acting for him (Taylor). The Learned Serjeant then took several objec tions to the form of the indictment, urging that Jones being only a tenant from year to year, was not in possession for a term of years, as alleged in the indictment. Mr. Justice Buanounii over-ruled the objec tion, stating that it had been held over and over again that a tenant from year to year was a tenant for a term of years. Mr. Serjeant PELL then contended that there must be an actual personal expulsion by force from the premises. Mr. Justice BURROUGII said, he had tried a case of this sort at Oxford, where the owner had never been near the house, and his servants were got out by a trick and contrivance ; that the Legislature had in view, no' doubt, the manner of entry, and that if the present was not a forcible entry, he did not know what. was. Mr. Serjeant PELL.—The term is expel, &c. Mr. Justice BURROUGII.--S0 they have here— for what else were the pistols and swords brought out ? His Lc; iship then addressed himself to the Counsel for the defendants, and said if they had no means of rebutting the testimony adduced iu support of the prosecution, there was an end of the case ; and after some consultation it was signified they had not. Mr. Justice BURROUGII then addressed the Jury, stating that there was no evidence in the case on the part of the defendants ; and that as the prosecutors had clearly proved their posses sion, and, a forcible detainer'by the defendants, there could be no doubt that they must find a verdict of Guilty. That supposing Mr. Taylor to have had the clearest title to these premises, his going with violence to take possession was not to be justified, for the law pointed out a re gular way, by ejectment. No one can justify these. violent means, and here is ample evidence to prove that the defendants must have got in with the intention of holdimr, possession by force. his Lordship then •directed the Jury to find all the defendants Guilty, which they accordingly did. His Lordship then said he should respite his judgment till the next Assizes, and intimated that lie should, in the mean time, expect the de fendants to restore the premises to the proseui • tors ) and pay their costs. But Mr. ,hector ilk- • forming his Lordship that he could not, A‘ithout Mr. Taylor's authority;give up the premises, and Mr. Taylor's agent refusing to consent to it, his Lordship said he would do without Mr. Taylor's consent, and pass judgment pro forma, and order immediate restitution ; and he concluded by em phatically remarking that he wished it to be un derstood in the county,' that the law would not endure proceedings of this sort. • KENT.-MAIDSTONE, JULY 26. CROWN :SIDE. BANK PROSECUTIONS.--Richard Worthing, Samuel _May, and Thomas Saunders, were seve rally indicted for uttering forged Bank of Eng land notes, knowing them to be forged ; but having pleaded Guilty to the minor offence, of knowingly having forged notes in their posses sion, the capital charge. was abandoned. They were each sentenced to 14 years' transportation, pursuant to the statute. Thomas Saunders and Joseph Wilkes were then indicted capitally for uttering a forged 11. Bank of England note, to one Philip Chapman, at Chatham, on the 28th of April last. The prisoner Saunders was joined with Wilkes in this indictment as a matter of form, it being a joint offence, with an under standing that his plea of Guilty to the minor, charge as above stated, would exempt him from capital punishment if convicted. The prosecution was conducted by Mr. GUM.. NEY, Mr., Serjeant 'FADDY, the COMMON Suit.. JEANT, and Mr. BOLLAND. Mr. Serjeant Bo- SANQUET'S name was also indorsed on the brief, but he did not appear. The Jury found the prisoners Guilty—Death. CUTTING AND MAlMlNG.—Joshzta Ruck was indicted under the 43d Geo. 111. ch. 58, for ma liciously cutting off the left hand of John Cook, with a sword, on the 17th of June, last, in the parish of Chatham. Mr. Bor,Laxn conducted the prosecution, and Mr. COMMON SEUJEANT and Mr. A.notruus the defence. The case was this :—The prosecutor and a party of young men had been playing a cricket match, on the 17th of June. In the evening they retired to regale themselves at the Artichoke public house, at Chatham. About twelve o'clock at night the party were about to return to their homes, when they saw the prisoner in the tap room sitting at - the table. Beino- inclined for some fun, they began to quiz the prisoner by saying that 'Squire Ruck's carriage stopped the way, and was ready to take him up.. A t that moment a cart came up to the door, and a horn was blown. The prisoner was then taken out of the house with some violence and put into the cart, which was driven away with him towards his own house. The cart passed through the river Stour,'and the prisoner, out of a joke, was thrown into the water, though this fact did not dis tinctly appear, and got wet. It was sworn that the prosecutor took no part in this violent conduct ; hut the whole transaction was represented to be a good humoured frolic. All the party sepa rated. The prisoner in his way home was over taken by a brother of the Prosecutor, to whom he said, " you are one of the three Cooks, and I'll do for you all one of these days ; you work at Sir John Fagg's, but you shall not work there two months longer." Nothing further passed, and they separated. About half past twelve o'clock the Prosecutor, who had occa sion to pass the Prisoner's house, was pursuing his way home, and when he c9.me to the Prisoner's house, he saw a man standing on the other side of the hedge ; and presently the Prisoner said, 4 C Is that you, John Cook i" The Pro secutor answered in the affirmative, and went up to the Prisoner, on his saying he wanted to speak to him. Prisoner then said, ‘‘ I think you are one of those men who put me into the cart." The Prosecutor assured him he was not; when the Prisoner replied, " If I was sure you were one I would run you through !" The prisoner had a sword - in his hand, and without any fur ther observation, made a push at the prosecutor, but missed him. He then aimed at his head and shoulders, and cut him in two places. The pro secutor immediately seized a hedge-stake in his defence, and was making his way towards a wall, to get over and escape r when he was followed, and the prisoner aiming a blow at his left arm, which he held up as a guard, he struck the hand clean off at the wrist joint. The prisoner still pursued him, and aimed several blows at the pro secutor, who. eventually escaped over the wall, leaving his hand behind. The prisoner then re turned to his house, and went 'to bed. It ap peared that when the prisoner had return ed home from the Artichoke public-house, he was in a great passion, and complained of being very ill used by some people, and immediately took down a rifleman's sword, and said he would 'see himself righted. He had just gone out of his house with this weapon, when the prosecutor came up as above described. It was sworn, that when the prosecutor saw the sword, he said to the prisoner, cc I don't care for you or your cutlas, and I'll pull you up for it." In the struggle the 'prosecutor struck the prisoner in his own defence with the hedge stake, which was very large, but decayed. These were the principal circumstances of the case. The prisoner received a good / character from several witnesses, who, however, said that his temper was very hasty. 'When told of the mis chief he had done to the prosecutor, he expressed his sorrow for what had happened, and said he wished he could restore the hand to its place. Mr. Baron Woon summed up the. case for the Jury, and charged them, that they must be sa tisfied the prisoner had acted maliciously before they could find him guilty. The Jury found the prisoner Guilty—Death. NORWICH, Jun , 2G. Mr. Justice HOLROYD arrived here late last night from Bury St. Edmund's, and this morning sat in the Crown Court at the Castle. Chief Justice Dallas sits in the Nisi Prius Court ad- joining. BANE: PROSECUTIONs.---Jamo Flowerdere, a g ed 36, was ludicted 011 the 9gt4 cif John Lies) one of the inspectors of the Bank of Eng - 0 / with having in his possession certain notes, P a l i porting to be 11. Bank. of England notes, If! knowing them to be forged and counterfeit. V.: , It appeared by the evidence, t h a t Thoil Mayers, a constable, went to the prisoner's boos; on, the 25th of April, in company with anoth e a constable, and found him at home : they pr oddee t , their warrant, and the prisoner dropped a pock ° . book, containing several forged notes ; the pr'' soner, at that time, disclaimed all knowlede' but afterwards confessed them to belong to The evidence of Mayers was corroborated ); several other witnesses. Mr. Lees, the Inspect ~ ° of the Bank of England, proved the notes to be forgeries. Mr. Justice HOLROYD summed up the evidence& with great clearness, and the Jury pron ounce , the prisoner Guilty. Sentence, w as immedia te l y passed upon the prisoner of transportation for years. John Blisset, aged 21, for uttering a fo u iltf note to Mr. S. Limmer, of Holt, pleaded g hio to the minor offence of having forged notes in 1 4 possession, which subjects the prisoner t° years' transportation. YORKSHIRE, JULY 25. ALEXANDER v. MILNER, DART. t$ This was an action by an Attorney again st late High Sheriff, for the costs of an action, td which the plaintiff against Ingham, a Bailiff, h a been successful. Mr. SCARLETT led for the plaintiff. -- BROUGHAM led for the defendant. Mr. Justice BAYLEY said, the Sheriff had b eer t originally only a nominal defendant, and mtd e with safety have allowed a verdict to g o by fault. He was, therefore, not liable for costs' Nonsuit. THE KING V. BROWN. Mr. Justice PARK, having delivered the g tried causes in the Crown Court, and the ab ° o cause came to be tried before him. It was ktie indictment at the instance of the Justices in `r,j neighbourhood of Thirsk, for a gross insult o ffer ;3 by the Defendant, saying to them, cc You 'O p t more for money than for justice ; you If %e the money to get your dinner, and a bottle of Wir after Mr . t i." 1 ci' BROUGHAM tried to get rid of the in - • „, 1 5 , ment by means - of several technical objec tw :eil but his Lordship overruling them, he apelogiiv for his client, and allowed a nominal verdict t° given against the defendant. POLICE INTELLIGENCE. ri f f MANSION HOUSE.—Four men named llePb il er e Cowen,. lVebb, and Wilson, old clothes men, Rio' brought up charged. by Capt. Page, of the nourable East India Company, under the Street Act, with having obstructed the Pi l v o id highway, and attempted to establish a ilei v ei r clothes market, in Castle-street. The P e dants begged hard for mercy, and his Lords" , ' ip to whom the appeal has been seldom M wil i e l l ei vain, was satisfied with their assurance that t ie would never buy or sell old breeches in G ° ' s ' street again, , 10 5 GulLnhrALL.—Yesterday a person Nva°,, o pc held a respectable station in the City, as a„' 01 7 and shoemaker in Cheapside, was broug'',io upon a warrant, and underwent an exailli n ip4 before Sir JOIIN EAMER, on a charge of r ce • obtained the sum of 91.135. under false pre t l o o from a tradesman named Rumble. Sir EAMER was of opinion, that it was a very Pe' he case, which required some consideration, o ' l o 3 , should take an opportunity to have the o P i s t of the City Solicitor upon it. At the regli e ess e s the parties, who said they had many wi tll a tio° to bring forward, he adjourned the e:cati nl ' o es ij until next week. The prisoner was, in the time, released upon his own recognizance. }sere numbet of f e males Sit ti brought before L. B. ALLEN, Esq. the Je ri Magistrate, charged with abusive and dis°r,orot# conduct Vauxhall Gardens, yesterdaY, ing about three o'clock. Some of the olue'ior` fenders were committed for one mont h A 's , ) o o 4 '' labour, and the others to three wee ks.--- --- be iv ber of reputed thieves were also brought, Z . , the,Magistrate, taken by Robert Hall an d thy Hammond,. two of the officers belongillgii Ga r , office, in the neighbourhood of Vauoa l , rto # dens, where they were drinking in difier en ' 0 0 , 1 ' lic-houses, and lurking about. They e r ifi c o'e r ; mitted for want of bail. Some of th e O DIP strongly suspected of being concerned in r , 5 a Gentleman of his watch-chain and seals t ' Vr John Davis was fully committed to / b ; i : ° : trial 'for having uttered two forged I "ifr• i l l It o England notes, which he passed to a • 4 Black Prince-row, Newington ' , bootnia l ' 0 t re also a forged 51. Bank note, which he g 1 f o r t Mr. Green, hatter, Newington-causew a y purchase of a hat. , 4 r An Inquest was held on Monday, t r i be 0• 1 ‘ . 0 t instant, at Ullenhall-street, near Ileoleiri abfet den, on the body of Dianna Turner , a gal- it It 13 years of age, who was found hange .0 11 ' father's hovel.—Verdict, 46 Hung hersel f 1 o es of insanity. the bo 0 Most of the doors and Windows of eile 10 0 ( at Brigham, near Cockermouth, were in c oa t ) of Saturday last, covered with a tille' ol is; a fic o white-wash, by some mischievous Pena, 14 ' the inhabitants of the houses thus vlsintLlo"l4 they awoke in the morning, imagined 7 01 , the night there had been a heavy fall ° . .:' _ I t i MARRIED. c• h else.' CO On Saturday, the 22d inst., at St. Luke's, t.,,„rade' Walker, Esq., to Mrs. Sarah Carter, of south . ~ J OB I)t‘ r DIED. 0, of On Wednesday night, the 26th inst., Mit§ G reg , LD John Green, Esq., Dell-lodge, Blackheath' „ 0 1 " , • ,,. :Y , fif • t j . or 1 4,..y• of LONDON: Printed by 3. B. CARSTAI"' „ !'shed , til . r" Ormond-street, Queen-square; and P -b ;S. r tr 4f SCRIPPS; of No. 7, South 'MOlton-steee '_eutit Office, No. 112, Strand ; Lttteris Us (Fula-plil suit biaddtcsoca where Advetto ..a.