The Sun. — London, England, 1844-12-20 00:00:00

Mr. Sergeant TALFOURD said, undoubtedly the greater number of the points at issue must ultimately come be fore the Court above for their decision ; but there were certain points on which he wished to take the opinion of the jury. Sir THOMAS WILDE would certainly have argued the question in a very different way, if be had thought it had been intended to take the opinion of the jury on any of the points. He had understoood that it had been arranged that it should be turned into a special case. Lord Chief Justice TisDAL had also so understood it. Mr. Sergeant TALFOORD then commenced his ad dress to the jury, and admitted that the custom of the parish of St. Stephen's Walbrook, by means of a select vestry, had been proved, but he wished to have the opinion of the jury as to whether that custom was not subject to two condi tions, because, if it were not, he should contend that the _ -- custom was so absurd and mischievous in its e lf, as to - be bad in law. As a proof of the mischief of the custom without those conditions, he would allude to the very case of Alderman Gibbs himself. He did not mean to throw any imputation on the character of that gentle man, he hoped, nay, he believed, that he had acted ho nestly and honourably, and should so believe until it were proved otherwise; but could they be surprised when they found him re-electing himself for twenty sus cessive years, never having his accounts audited during the whole of that time—could they wonder if reports derogatory to his character got into cir ezdatii,n? The mischiefs arising from such a custom Ivere very great, and no one had been, he believed, a greater sufferer by those mischiefs than Mr. Gibbs himself. He wished, therefore, to ask the jury whether the custom was not subject to these two conditions—first, that the number of select vestrymen should never be lower than eight ; and nrcondly, that each year fresh blo3d, as it were, should be infused into the select vestry by the election of some one as churchwarden from the body of the parishioners. Lord Chief Justice TINDAL—Those are purely ques. tions of law, which the jury must take from me ; and I would much rather not be called upon to give an opiniyn at once upon such nice and delicate questions—l sell you candidly I do not like to give an opinion, until I hove had more time to consider the subject. Really you bad better take a special verdict ; fur suppose you do tike the opinion of the jury, you will gain nothing by it. It will come on again as a motion for a new trial. Mr. Sergeant TALFOURD, after a long consultation witJs his clients, expressed his regret at being obliged to proce:d. For himself he should strongly advise them to accede to the suggestion of the Court, but they were desirous of taking the opinion of the jury as to the condition of the election of a new church warden every year. Lord Chief Justice TINDAL—Why, that is a mere matter of law, and it might be a point for consideration whether the proper method .of trying that question is tot by applying for a mandamus to the select vestry, to curipA them to proceed to such election. You should decide for yourself, Brother Talfourd, in snch a case. There is not a point in dispute. Mr. Sergeant TALFoURD would take upon himself the responsibility of acceding to: the suggestion of the Court, at whatever risk of blame. Lord Chief Justice TINDAL—No one can blame you. Ever since Westminster Hall has been in existence, such a case would have been made a special one. Sir T, WILDE suggested the propriety of their agree ing to natne some gentleman as referee, in case any dis pute should arise as to the terms in which the verdict should be drawn up, although he did net apprehend any such difference. Mr. Sergeant TA LFOURD, although entertaining no apprehension on the subject, would accede to the pro position. The case, although it had excited great feeling out of doors, had not been conducted with any degree of hostility in the Court. He Lad cautiously abstained from saying anything that could hurt the feelings of Mr. Alderman Gibbs. No hostility was entertained towards him, and the parishioners would be inclined to address him in the words of Othello to Michael Cassio :—" Michael, I love thee well ; but never more be officer of mine."— (A laugh.) Lord Chief Justice TINDAL—The books shall be open to both parties, and if there is any book or document which has not been given in evidence, which can tend to elucidate the case, either party may put it in. The jury, under the direction of the Judge, then found a verdict nominally for the plaintiff, subject to a special case, and to be turned into a special verdict, if it should be deemed requisite. A SSI ZE INTELLIGENCE. NORTHERN CIRCUIT.--Durham, Dec. 17. Mr. Justice Coleridge took his seat on the bench this morning at nines o'clock. Robert Brown, aged 25, and George Muckleroyd, aged 23, were severally charged with having, at Waldridge, on the 25th July last, feloniously fired off a gun into the house of John Walker, with intent to do grievous bodily harm to the said John Walker and Isabella, his wife. Mr. Granger, with whom was Mr. Thompson, appeared for the prosecution, and Mr. Otter for the prisoners. In this case it appeared that the occurrence eomplained f originated in the recent strike of the pitmen of Dur ":Arl2 and Northumberland. The prosecutor was a black-leg," who refused to enter into the pitmen's anion, and never left his work. On the other hand the ; ;:isoner Brown was a unionist, and had, shortly before g. offence was committed, been ejected from the house which he had held under the colliery he worked at. As to the other prisoner, no evidence was given directly to show in what capacity he was engaged, but in directly ground was laid from which to infer that lie also was one of the recusant pitmen. On the 'morning of the 25th of July, about one o'clock, the prosecutor was awakened by a loud report, and immedi ately after felt himself wounded in the left arm and groin. His wife also was wounded in the left knee. `He got out of bed with great difficulty, arid summoned assistance, after which he proceeded to the colliery office, about 400 or 500 yards off, when, some time after, four or five shots were taken out of his arm and four or five more out of his groin. The knee of his wife appeared to have been penetrated by the shots, but the surgeon 1.. d not been able to find them. The next door neigh bk,ar of the prosecutor was awakened simultaneously by another explosion, and it was ascertained from the marks outside the houses that the person or persons who had .fired the guns had run from the place where the first slot was fired to that whence the second one was dis elia.rged; and in the latter case the charge of the gun had I.senetrated the window shutters outside the window, broken the panes and window frame, passed through the back room, into which it was fired, and lodged in the front wall of the front room. Luckily none of the inha bitants were injured. To prove the malicious motives of the offend ers , i t was s h own t h at the prisoner Brown and another person had been seen, during the previous afternoon, inspectin., premises the from the outside, where they wo u ld be able to see the position of the bed ,on which the pro secutor and his wife lay; that as the ground behind the co tt age was an ascent,the parties had take knelt down on one knee, i n order to m ore ac e delibe rate at 'citrtaiip; Aim at the pr osecutor ! the prisoners,with the transacti on , • i t was show c n onn ti : .a c t t Brown had borrod a double-barrelled gun of another pitnaan a few days before, holding out an intim a ti on t h at e would parebps6.l6 that the gun, was handed to him -17 ‘l' churchwardens were elected for the parish of St. Stephen, Walbrook, every year ; and from 1775 to 1843, at tte different vestry meetings that took place in the paeish there was seldom mons than five present, in n 1 ,11- instances only three ; and yet at these meetings rates were made for repairs of the church, a rate in flicted for the relief of the poor, and churchwardens chneon. On the 2d of May, 1833, a vestry met, con sisting of only five, among whom was Mr. Alderman Gibbs, at which a vote of thanks was voted to him, and a resolution come to that the streets should be peram bulated on Ascension Day. Ix his re-examination by Mr. Sergeant CHANNELL—In April, 1813, it appeared that in consequence of the refusal of Mr. Motteux to undertake the office of churchwarden, Mr. Michael Gibbs was requested to suffer himself to be re-elected, to which he (as churchwarden) acceded, and Mr. Motteux was fined 201. for refusing to serve. From 1813 to 1824 a new person was elected churchwarden every year. From 1826 to 1840 Mr. Gibbs and Mr. Atkins were re-elected each year. In 1841, 1842, and 1843, Alderman Gibbs and Mr.W.E.Eddison were electedchurchwardens. At each election of Mr. Alderman Gibbs as churchwar den, there was a vote of thanks to him, and request that lie would continue to serve. On the 2d March, 1814, there was a vote of thanks to him, and that vote was directed to bepublished in the newspapers. There were on these occasions generally five persons present, exclusive of the Alderman himself. Overseers were first appointed by the vestry, on the Ist of April, 1818. The practice of appointing auditors of the churchwardens' accounts ap peared to have existed down to 1824. There had been no appointment of auditors since 1825, when Mr. Gibbs and three others had been appointed auditors for that year. In April, 1835, two gentlemen attended as vestrymen, and voted, who had not served the office of church warden, but had served the office of overseer. One of 'hese gentlemen was Mr. Whittaker, one of the present plaintiffs. He was chosen churchwarden in 1844. Abraham Brown, one of the Lord Mayor's servants, proved the distribution of copies of the accounts to every house in the parish in January last, and the posting on the church-door, on last Easter Sunday, of a notice for a select vestry for the election of churchwarden. Mr. Phillipps, the vestry-clerk appointed by the select vestry, proved the election of Mr. Alderman Gibbs and Mr. Whittaker as church wardens, by the select vestry, on the 12th of April, 1844. Seven persons attended that meeting. Two of the persons then present had never been church wardens, but they were the overseers for the year, and attended in that capacity. On endea vouring to make their way into the vestry-room on that occasion, they found the room full and Dr. Croly in the chair. The parties occupying the vestry-room were requested to leave the room, which they did not do, whereupon a member of the :-elect vestry rnopsd an adjournment to Alderman Gibbs's house, where the election took place. On his cross-examination, witness said he had known Mr. Gibbl as a resident in the parish for thirty years, without carrying on any business. The Alderman was the chairman at the meeting at Alderman Gibbs's bou.e. The question of adjournment was put by Mr Atkins. On his re-examination, he stated that it was usual for the churchwarden to take the chair at the meetings of the select vestry when the rector was absent. There were, at the present moment, eight select vestrymen, who had served or fined for the office of churchwarden. He was present when the plaintiffs were sworn in, and also when defendants were sworn in. It was all done at the same meeting. This concluded the case for the plaintiff. Lord Chief Justice TINDAL suggested the propriety of the whole being turned into a special case fur the opinion of the Court above. THE SUN, LONDON, FRIDAY MORNING, DECEMBER 20, 1.844. nesses who had been examined yesterday were recalled and re-examined, but their testimony did not vary in any respect from that which was yesterday adduced. Several other parties gave evidence of a material na ture, to account for the motives which in all probability induced the murderers of the unfortunate man to take away his life. Downing, it appeared, was a man of notoriously bad character, and had repeatedly been in gaol, sometimes upon charges of poaching, on one or two of which Cooper (the deceased) had appeared as a witness against him. He was proved on more than one occasion to have threatened, in terms devoid of much ambiguity, to wreak his vengeance upon Cooper as soon as he was liberated. The report of yesterday's proceedings comprises, how ever, all the material evidence against the prisoners, which we have given more in detail than ordinary, in consequence of the peculiarity of the circumstances, which scarcely admit of being intelligibly arranged in the form of a narrative. Upon the close of the case for the prosecution, Mr. Allen rose to address the jury on behalf of the prisoners, which he did with much care and ability ; and Mr. Jus tice Coltman thereupon proceeded to sum up. It was three o'clock, P.M., before the Learned Judge commenced this arduous and responsible duty, which was discharged with the greatest impartiality. His Lord ship detailed in order all the various minute particulars, dwelling carefully upon those which were material, and pointing out a probable solution to difficulties and appa rent inconsistencies, which might arise in the course of the deliberation upon which the jury had to enter, ar ranging, at the same time, with perspicuity and clear ness, all those facts which bore with the greatest weight upon the case, as well as those which in any way tended to exculpate the prisoners. At five o'clock precisely the jury retired to consider their verdict, and in three quarters of an hour returned into court, when they pronounced both the prisoners Guilty. . _ _ house. He told me, in August, he had 2,0001. in the Funds. On the Ist September he said he would have some money next week. He said his friend George was going to sell out. Elder was a man of about fifty years. He was stout and tall. Cross-examined—I heard of this forgery on the 9th. I told Forrester on that day all I have stated to-day. I was not examined at the Mansion-house. James 'Wilkinson examined—l am a stable-keeper in Portman -mews. I let out carriages to hire. The prisoner hired a phaeton on the 3d. I saw Elder at the corner of the street when the prisoner took away the phaeton. Elder was about forty-five years of age. The prisoner said he wanted a strong carriage. John Warren examined I keep the George Townsend public-house in Oxford-street. A person named Joseph Elder lodged there up to September. The prisoner used to visit there frequently in the beginning of September. On the 3d, about three o'clock, he t oo k l eave o f me. William Drake examined —I was, on the 3d of September, at the corner of Portman-street, Oxford street. I saw a one-horse open carriage drive along. The prisoner was driving it. He asked me to go along with him—that he wanted some person to bring the horse and phaeton back to Mr. Wilkinson's. I went with him to several places. He used to leave me outside when he went into the places we called at. I saw a large parcel in the phaeton, and two others which he brought from Mr. Shackleton's. He then went to the Coach and Horses in St. Mar tin's-lane, and I took the phaeton to Mr. 'Wilkinson's. Arness examined—l am a coachman. I know the prisoner and Elder. They came together to my house on the 3d of September. Ben Caunt examined—l keep the Coach and Horses in St. Martin's-lane. About a week before the 3d of September the prisoner came to my house, dressed in a white coat and a pair of top-boots. He said he had a farm in the country which he would sell and go to America. He said he would have 8,0001. or 9,0001., and would have six soldiers to guard him. He asked me if I could give him a private room, and he would pay me well. I said I would if I could. He came two or three days afterwards with a portmanteau and three bags. The portmanteau was taken into my bed-room. The portmanteau produced is the one which was left at my house. The prisoner called at my house on the 3d of September, but I was not at home. Robert Caunt proved that the prisoner and a soldier came to the Coach and Horses on the 3d of Septem ber. They had a carpet-bag. The prisoner and the soldier took it in. It appeared to be very heavy. 'They took it into the room. I heard a jingle in the room, and I looked through the curtain. I saw that it was gold. Some of the gold got loom, and Burgess was taking it out of the carpet-bag. There were two canvas-bags in the carpet-bags. I asked the prisoner where he was going with so much gold. He said he was going to put it into the Edinburgh Bank. Elder came in afterwards. The prisoner asked me where the portmanteau was. I said it was locked up in my brother's room, and he was out. Elder said if money could get it they should have it. The lock of the door was picked, and the portmanteau was brought down. The canvas-bags were put into this portmanteau. Elder went for a cab, and when it came he pressed the prisoner to go, saying that if he did not, he would go without him, as his time was up. Burgess paid about 3/. for wine and other things. The prisoner and the soldier took out the portmanteau, and Elder and the prisoner went into the cab. James Gingle, a soldier in the Foot Guards, was called, and corroborated the statement of the last witness. John Hughes, who had been at the Coach and Horses on the 3d, deposed to the same facts. George Benbow, porter of the Mersey Hotel, Li verpool, proved that the prisoner and another person came to the hotel early on the morning of the 4th. They asked for a private room, where their luggage would be safe. They had a portmanteau, which was very heavy. In the course of the day the prisoner asked me to take the portmanteau to the Britannia steam-ship. I put the portmanteau into a small-boat. Jchn Hewitt examined—l am the Captain of the Britannia. I sailed from Liverpool about half-past twelve o'clock on the 4th. I was not aware for three or four days that the prisoner was one of the pas sengers. There was another person with him. He was an elderly person, of about 45. They went by the name of Ellis. The prisoner called the other person uncle. John Forrester examined—l received a warrant for the apprehension of Burgess and Elder. I went to America with Mr. Bord, of the Bank of England. I landed at Halifax. I then went to Boston. Elder passed there under the name of Ellis. I took him on the 31st of October. On his coming home about one o'clock I showed him the warrant, and said, " Your name is Joseph Elder." He said, Yes. I then took him, and found 400 sovereigns in the black trunk. I found some cards with the name of " Ellis." I found some letters addressed " Joseph Elder." I then pro ceeded in search of Burgess. I found he was about fifteen miles from Boston, at a small village. I was accompanied with an American officer, and I stopped there that night. On the following day I went back to Boston, and on the next day I went to Brew ster's Island, which is about 11 miles from Boston. I found the prisoner there in a wooden cottage. I knew him before. He said to me, " How are you, John ?" I said, " I am very well, and lam very sorry to see you in such a situation." He said, "So am I; but it can't be helped now, old fellow." We then went away. IVhen in the boat he said, " 'Where is Elder ?" I said, " 11. made away with himself." He said, " Well, I think he was a fool for that ; he might as well have seen it out." I got the carpet-bag now produced after the prisoner was secured. At Nahant 120 sovereigns were handed to me by the American officer. I brought over 6,5001. to the Bank. I brought it from Mr. Blackford, the agent to the Bank of England. The prisoner said there was money at the Merchants' Bank of Boston, and he would be glad to sign it over to the Bank of England. Mr. Sharpe, of the Bank of England, proved that he posted the transfer of the 6,5001. into the ledger book, to the credit of Muspratt, Story, and lVhiting. The case for the prosecution having closed, Mr. BODKIN addressed the jury on behalf of the prisoner, and begged their attention, in his opinion already too long occupied by the prosecution, to the few observations he felt bound to make on behalf of the accused; but before coming to his defence, he felt bound to make some comments upon the mode in which this prosecution had been got up. In this country it was customary that the accused should be furnished with a copy of all the evidence against him; but in this instance there were several witnesses pro duced who were not examined at the Mansion-house, and whose evidence was altogether new. He thought it unworthy of a great body like the Bank of England that they should adopt such a course. The Learned Gentleman then went on to say, that the prisoner was now on his trial for uttering a forged transfer, well knowing it to be forged. Now, to constitute this crime it was necessary that he should have control over it for some tune, and that he should have given it to another person ; but he contended that there was nothing in the evidence to show that the prisoner had at any time control over it. The next point was, that the prisoner might have believed the stock was really Elder's, who might have put it in under the name of Oxenford, which was sometimes done ; and if that were so, he might have witnessed the name of Elder without committing any offence under the Act of Parliament under which he was tried. And if he was a party in the hands of Elder, it might be easily supposed that, having done this, he would have cast himself into the hands of his betrayer, and his subsequent conduct would be thus explained. The Learned Gentleman dwelt at some length on the various circumstances of the case, and laboured to show that they would be quite consistent with the view in which he was presenting the transaction to them him out of the country for life ; he however did not in- tend to transport him fur that period, but for the term of ten years.i Mary Banks, an unfortunate girl, was charged with having stolen four half-crowns, five sixpences, and a gold ring from the person of James Barratt, a private in tal, Royal Marines, stationed at Woolwich, on the sth of December last. It appeared that the prosecutor and the prisoner had been drinking together on the evening in question, and that, after drinking a quantity of malt liquor, a portion of which he thought was drugged, he became uncon scious, and accompanied the prisoner to her lodgings. had produced a purse containing the property in her presence. Some of the money was found on her. The prisoner, in her defence, said that the prosecutor gave her the purse to take care of, as be was incapable of taking care of it himself. The RECORDER said the jury would have to consider whether he gave her the money to take cure of; or whe ther she took it from his person with the intention of stealing it. The jury returned a verdict of Not Guilty. POLICE INTELLIGENCE (YESTERDAY.) BOW-STREET. POST-OFFICE ROBBERY. —An elderly man of respect able appearance, named Robert Hobson, who keeps the receiving-house at Walthamstow, was placed at the bar before Mr. Jardine, charged with stealing the postage of a letter, the property of the Postmaster-General, under the following singular circumstances:— Mr. Peacock conducted the prosecution ; and Mr. Swan, a solicitor, appeared for the prisoner. Mary Carter, a widow, residing with her brother, at the Cock public-house, March-street, Walthamstow, stated that on Saturday last, about eleven o'clock in the forenoon, she took to the post-office the letter produced, addressed "John Carter, seaman on board the Samuel Boddington, Captain Knock, master, Calcutta, or else where;" and, having seen the prisoner, she delivered it to hint with ls., which he said was the amount of the postage. He then stamped it " Walthamstow," and after marking with red ink "paid one shilling," he placed it in a drawer under the counter, upon which she left the shop; but a few minutes before twelve o'clock she was called upon by the prisoner's son, and in con , sequence of what ho told her she gave him 10d. more, which he took away. 'When she delivered the letter to the prisoner, she told him she wished it to be dispatched by the next mail to India, which would be the 15th of the present month, and on the same afternoon, having seen Holmes the letter-carrier, she made a communication to him respecting the letter. In cross-examination, witness said the distance from her house to the post-office was not more than five minutes' walk. There was no money in the letter, and the boy made no observation when she gave him the additional 10d. George Holmes said he recollected having seen the last witness about two o'clock on the afternoon of Sa turday, at the public-house, and in consequence of what she told him respecting a letter addressed to Calcutta, he spoke to the prisoner at the Post-office on the follow ing Monday, saying he had to make inquiries about a foreign letter, at the request of a lady, for the purpose of ascertaining if the postage of ls. 10d. was correct, and if he had sent his son for the extra charge, to which he replied, it was correct, and his son had been sent by him. Witness said the lady was very anxious about the letter going at the proper time, and inquired by what collection it went. The prisoner said he had sent it by him (witness), which he knew was not the case; and hay-. ing denied he ever had it, the prisoner said he sent it at the right time by Reeves, another carrier. Witness was then about to leave, and the prisoner said, " Please to tell the lady I have added the 10(1., or she may think I have been robbing her." Witness's duty was to go to the Walthamstow post-office every day at half past three o'clock, for the purpose of taking the letters to the post-office at Whips-cross, where the bags are made up and put into the London bags, to be forwarded to the chief office ; and previous to his having the con versation with the prisoner, on the 16th, he had collected the letters, and the one produced was not among them. He had also collected the letters on the 14th, and was positive no such letter was among them. On Saturday, when the prisoner gave him the letters, he also handed him the bill, by which it appeared there were fifteen let ters, the postage of which amounted to ls. 4d.; and on Monday there were twenty-four letters paid, the postage amounting to 25., as appeared by the prisoner's hand writing in the bill. Cross-examined—The postage of the respective letters was not specified, but the entries were made in the gross amount, and he bad collected from the prisoner about two years, the time he kept the receiving -house. When he spoke to him about the lady, he showed him a printed paper on the wall, that had been furnished by the post office in consequence of his having on other occasions charged too little postage. Mr. Sculthorpe, a president of the Twopenny Post office, said that on Tuesday he went to Walthamstow to make inquiries, and the prisoner said he had sent it by the twelve o'clock dispatch ; but on showing the letter bill, he said he must not have sent it on that day, as his boy did not return till the post left. He was then asked if he had sent it on the Monday ; and he replied he had delivered it, with the others, to the carrier, which was not the case, as appeared by the bill of that day. The officer Peake was then called in, and on making a search the letter produced was found in a drawer with the pri soner's private letters, which his wife said he must have put there for extra care. Mr. Swan said the prisoner had carried on business as a grocer at Walthamstow for the last thirty years, with an irreproachable character ; and he hoped there would be no objection to accept of bail for his future appear ance, which he could procure to any amount. Mr. JARDINE said, as the prisoner would be brought up again to complete the evidence against him, he could not, at the present stage of the proceedings, consent to accept of the bail.—The prisoner was then removed. WORSHIP-STREET. POLYGAMY. —Thomas Bartholomew Imbert, alias Ste ven; a respectable-looking middle-aged man, described as a colour manufacturer, was charged with having in termarried with a young woman named Abigail Isted, he having no fewer than four other wives then living, but one of wham had since died. It appeared that the prisoner was apprehended in consequence of instructions from Mr. George Wilson, a parochial officer, of Mile-end New Town, the father of the third wife, who had circulated handbills, offering a reward for his apprehension. The prisoner was married to Miss Wilson on the 30th of July, 1838, but he deserted her some time after, and was in consequence apprehended and brought to this Court, when an order was made upon him to allow her a weekly maintenance, which he did fora short period, and then absconded altogether. Searching inquiries were made after him, in the course of which it was ascertained that at the time of his mar riage to the prosecutor'sdaughter he had tWo other wives living, the first being the daughter of a person named Grimsdale, and the second a young woman named An drews, residing at Walworth. Information was at length received that the prisoner was living in East street, Kennington, with a fourth wife, whom he had subsequently married, and the officers, Holland and Rowland, proceeded to that address, and took him into custody, while he was engaged in making preparations for starting into the country that night. The officer Rowland produced certificates relating to two of the marriages, the last of which was solemnised at Islington Church, on the 3d of January, 1842 ; and the witness stated that he had also in his possession a mass of amatory epistles, which the prisoner had ad dressed to the unfortunate young woman he had so heartlessly beguiled. The fourth wife, Abigail Isted, was in the first in stance charged, in conjunction with the prisoner, with robbing their furnished lodgings at Kennington ; but as her evidence was considered essential to establish the more serious charge against him, the magistrate directed her to be removed from the bar, and received as a wit ness. The third wife, a very good looking young woman, was also present, but her evidence was not taken. The prisoner (who declined saying anything) was re manded, to enable the officers to obtain further evidence to substantiate the case. THAMES POLICE. EXTRAORDINARY CHARGE OF RODSERY.— Thomas Smith, a master shipwright and barge builder, of Mill wall, Poplar, where he has carried on business for many years, and has long been considered a man of good re pute, was brought before Mr. Broderip on a charge of stealing a quantity of deals, the property of Mr. Thomas Fossey, timber-merchant of the same place, and Mr. Snook, a ship-builder. Mr. Pelham attended on behalf of the prisoner. It appeared from the evidence that Mr. Fossey and Mr, Snook had recently missed deals from their pre mises, and the prisoner had been transacting business at both places. On the 2d instant a barge load of pine planking and deals were landed on Mr. Fossey's wharf, On the ith he missed several. About that time deals were lost from Air. Snook's premises, and the prisoner, their neighbour, was the last person suspected, until Saturday last, when a remarkable circumstance led to suspicion falling an the prisoner. A person named Phil pot, a manufacturer of patterns and castings for ongi neers, sent five nieces of timber to Fossey to be cut up into smaller pieces and planking, and Mr. Fossey immediately identified four of them as his own pro perty. One was a pine plank, another a spruce bat ten, and two others Swedish deals, and very bleak, in consequence of their having been confined when they were green. The other turned out to be ono of' the deals stolen from Snook's yard. Mr. Fos sey subsequently :waited upon the prisoner, who said that a man named Tom Kent picked up the deals and sold them to him, and took the prosecutor to several places under pretence of finding the party, but 11 , 44 un able to do so. The prisoner afterwards informed Mr. Even% e 'Themes police-inspector, that he had known Ifeinti for two or three years, and that he worked for Gabriel on the Regent's Canal, and that lie gave him 12s. for four deals, the price at which he disposed of them to Mr. Philpot. It afterwards transpired that the prisoner had sold eight deals to Mr. Philpot, and he produced a receipt for 123., signed " T. Kemp," for four of +J;, deals. There was a great mass of gitience against the pri soner, / I nd the t hs a is weisa clearly identified by Mr. Vosscy, and by a sawyer in the employ of Mr. Snooks, as having be en s t o l en f rom t h e i r premises. Others fe'end in a boat adjoining the prisoner's v.:laFi, by Inspector Webb, of the Thames also identified by the eama paleies, while no such person as Tom Kemp could be traced. In eross-examination by Mr. Pelham, the proS,pairtp F (Fossey) said he had known Mr. Smith for many years, and heel hitherto o , msidereci him a respectable man, in ttpable of Etcting dishonestly. Mr. Pelham said the prisoner would decline saying anything at present. Mr. 13RODERZY said he should commit the prisoner fur trial, but as some further evidence was required to complete the case, ho would !tang t.ctecl e 4 T i ;e4, da t ' nut. In this case it appeared that on the night of the 28th of October the house of the prosecutor was broken open, and part of the articles were found in the house in which the prisoners resided, in the rooms respectively occupied by Marley and Wilkinson (who resided with him as his wife), and by Plummer and a woman named Hannah Ewing (who passed as the wife of Plummer). A tele scope had been placed in the hands of a publican at Sunderland, for the loan of two shillings .by Plummer ; and Wilkinson had sold a tea-caddy (in which were afterwards found a silver knife and fork belonging to the prosecutor), to the wife of another publican, living at South Shields, for five shillings. Marley and Plummer Guilty of the principal charge ; Wilkinson Guilty of receiving. There were three more indictments against the pri soners for similar offences ; but this conviction being ob tained, no further evidence was offered. His LonnstiiP, in passing sentence, observed that the prisoners had been guilty of several other offences ; and it was evident that they had lived on the plunder of others, and that they were pursuing a regular and systematic course of burglary and housebreaking. Such persons could not in j us ti ce b e perm i tte d to inest any country where the laws held their force, and their sen tence was, therefore, that they each be transported be yond the seas for twenty years. In addition, Marley was sentenced to one month's imprisonment and hard labour for the burglary at Thornely, to which he yester day pleaded guilty. Wilkinson, twelve months' impri sonment and hard labour. Thomas Matthews, aged 21, was found Guilty of forging and uttering a bill of exchange at South Shields, with intent to defraud Robert Simons, but was recom mended to mercy by the jury on account of his youth. Two years' imprisonment and hard labour. True bills have been returned against David Buglass, one against Matthew Watson, and one against the said Matthew Watson, James Watson (his son), and Henry Russell, for a forgery on the Stockton and Durham Bank, and with uttering the same. The trial is fixed for to-morrow. True bills have been returned against all the other prisoners. December 17. The Court was engaged the greater part of the day with the trial of several cases of rape, the particulars of which are unfit for publication. One petty case of robbery from the person was dis posed of. It contained no point of public interest, and terminated in an acquittal. WESTERN CIRCUJT.—Exeter, Dec. 17. The same course has been pursued in this county as in the other counties on the circuit. Mr. Baron Alder son arrived in Exeter late last evening, and opened the circuit. This morning his Lordship attended Divine service in the cathedral, after which the Court was opened and the business of the assize commenced. There are 41 prisoners for trial, as given by the calen dar. The offences of which they are charged are as follow :—Six for arson, three for horse and sheep steal ing, one for bigamy, one for false pretences, four for wounding, with intent, &c.; five for larcenies from the person, one far rape, one for uttering base coin, one for manslaughter, one for administering drugs with an un lawful purpose, and the remainder for simple larcenies. Will,um Hurford was indicted for stealing a sheep, the property of John Wise. Mr. Kekewich prosecuted. The prisoner was not de. fended by counsel. By the evidence for the p rosecu ti on , i t appeare d that Mr. Wise was a farmer, living at Halberton, in this county, where, on the 7th of November last, he had a flock of sheep. In the morning of the Bth it was dis covered that during the night one of these sheep had been killed, the head, entrails, and the skin having been left on the ground. Suspicion fell on the prisoner, and a search warrant was obtained for the purpose of search ing his house, and there, in one of the bed-rooms which the house contained, was found a quantity of mutton salted in a pan, and another quantity fresh in a bucket. The mutton, it was proved, had not been cut up by a butcher, from the coarse and clumsy pieces into which it was separated. In addition to this, a piece of the neck was found to fit exactly with a piece of flesh which had been left attached to the skin. The constable who searched the house stated that he had heard that the son in-law of the prisoner lived with him, but he could not say, as he had never been In his house before. The prisoner, when called upon for his defence, said that his son-in-law lived with him ; that the mutton was found in his room, and that he (the prisoner) knew no thing about the matter beyond the fact that the mutton had been found where he stated. Mr. Baron ALDERSON summed up, telling the jury that, as the evidence on the part of the prosecution had partly raised the difficulty about the son-in-law, the prosecutor was bound to have removed that difficulty if he could, by showing who did live in the house in ques tion. The point in the case was, was the mutton found in the prisoner's possession ? The jury, after a short consultation, Acquitted the prisoner. John Bendle, a miserably-clad and lame man, was charged with having, on the night of the 27th September last, set fire to a rick of oats, the property of John Laud. Mr. Rowe prosecuted ; the prisoner was undefended. It was proved that Mr. Laud was a farmer, residing at West Buckland, in this county, where the prisoner also existed as a pauper. Two or three days be fore the fire the prisoner was met by a witness, who asked him if he was going home. (The wit ness stated that at this time the prisoner was living in a linhoy or cowshed, but had before been in the union.) The prisoner replied that he was, on which wit ness said that he ought to go into the union. Prisoner answered that he never would go into the union again ; but he wo u ld d o something bfore Sunday that would prevent that. He had no animosity, he added, against any one in the parish except the prosecutor, and he hated him because he had used him so badly when they lived together at Mrs. Dean's. lie then went on to say that before Sunday he would burn down his house or his barton. On the morning of the fire it was proved that the prisoner had bought a box of lucifer matches. On the night of the fire two witnesses were passing near to the place where the oat-rick in question and seven other corn-ricks stood. They perceived the fire, ran to the spot, and succeeded in extinguishing it. The fire had been applied at the lower part of the rick on the out side, and had burnt a good way in. In a few minutes more their efforts would have been ineffectual, and this rick, and in all probability the seven other ricks, would have been consumed. The prisoner, by another witness, was seen, near about the time that the fire took place, within a quarter of a mile of the spot on which the rick stood On the same evening another witness stated that he saw the prisoner, who told him that he had set fire to Mr. Laud's rick, to do which he had bought a box of matches. He then went on to describ9 hoer he had done it. Witness replied that he did not believe him, as he should have heard of the fire. Prisoner then insisted it was true. " Then," said the witness, " I suppose you will be transported for it." Prisoner replied that he hoped he should, and that he had done it on purpose. A box which contained lucifer matches was found be . tween the rick and the gate which led out of the barton. The prisoner, when called upon for his defence, put i n a written paper, which was read by Mr. Gurney, and which, we presume, had not been written by the prisoner, from the style in which it was written. In very good language it denied his guilt, and declared that the charge had been made by the prosecutor out of spite to him. After hearing the Learned Judge's summing up, the jury immediately returned a verdict of Guilty. Mr. Baron ALDERSON—You have been convicted, prisoner, by the clearest evidence of this crime of at tempting to burn down Mr. Laud's ricks, since there eanbe no doubt, had not the fire been discovered when it was, the whole of the seven ricks had been destroyed. You did this for revenge, and you must now suffer the consequences of that revenge. I saw too much of this most detestable crime last summer to feel any doubt as to what my duty is in this case. Those who deal with such crimes with lenity make themselves to a certain degree accountable for the crime when again com mitted. I will not do so, but will wash my hands of all responsibility by inflicting the heaviest punishment of the law. His Lordship then sentenced him to be tran sported for life. I ready loaded in both barrels, and that the shot found in the prosecutor's bed, and taken from his person by the surgeon, were of the same rise as those with which the gun had been loaded. The previous day and night had been rainy, and a quantity of sand had been washed down from the hill sides on the foot-path which ran behind the prosecutor's house, whilst the ascent behind had been rendered soft by the same cause. On the rising ground were seen the marks of the man's knee and toes, where be had knelt to fire the two shots, and both there and along the footpath were the distinct marks of two persons' shoes. The two prisoners were apprehended at different hours the same morning, in the tent erected by a pitman, named Hepplewhite, a unionist pitman, who had been ejected from his house by the owners of the Edmondsley colliery, about one mile from Waldridge. The clothes and shoes of both were wet, and marked with the peculiar kind of clay which was carried down the rising ground, and the trousers of Brown were daubed with clay on the right knee. The shoes worn by the prisoners were compared with the footprints near the prosecutor's house, and found exactly to correspond. The jury found Brown Guilty, and Acquitted Muckle royd. His LORDSHIP, in passing sentence on Brown, said no doubt could exist as to the intent of the prisoner in firing the gun at the prosecutor, and a very f ew y ears ago the offence would have met with capital punishment, for no doubt if the man had died of his wounds the case would have amounted to murder of the most deli berate kind. The motive for this outrage was apparent enough. He and other workmen had thought fit to strike, and it was not the first time, on this circuit, to his own knowledge, in which those strikes had led to similar offences, offences induced by the opinion that they could not succeed in the object of their strike so long as other men were willing to work ; and those men who did not adhere to their party were generally the objects of their malice. The sentence of the Court on him was, that he be transported beyond the seas for the term of fifteen years. John Marley (who bad yesterday pleaded guilty to two charges of burglary), William Plummer (who was acquitted on one of those charges), and Mary Wilkinson, aged 26, were charged with feloniously breaking and entering into the house of James Hay, in the parish of Monkwearmouth, and stealing therefrom various arti cles, his property. Mr. Granger conducted the prosecution ; the prisoners were undefended. LLOYD'S SHIPPING. LONDON, DEC. 19.—Wind E., moderate and cloilui DEAL, DEC. 18.—Wind Ain. light breeze; P.m. steady breeze.—Arrd. Devon, Mattery, Caleans; Tate, Valparaiso. Ski. Richmond, Algoa Bay ; Trinidad. FALMOUTH, DEC. 18.—Wind S., t. p A rr Waterloo, Wo o d, I c h a b oe. PORTSMOUTH, DEC. 18.—Wind S.F. to E-- -itrr ; Ritsm, Penny, Porto Rico ; Planter, Thom, lloncLit COWES, DEC. 18.—Arrd. Charleston, N ew york. YARMOUTH, ISLE OF WIGHT, DEC. 18.—Aar° T liant, Russell, Honduras. OFF THE NEEDLES, DEC. 17.—Marianna. 1,1,0 PLYMOUTH, DEC. 18.--Wi n d S . E . —A rr d. Cit. h p, Swansea, for L on d on , l ea k y. Off, Jessie, , Ceylon. The Enighden, Folleson, from Torre Vee r has arrived here leaky, and must discharge. FoWEY, DEC. 17.—Arrd. Merchant, Ichaboe. l JERSEY, DEC. 14.—S1d . B roa d lAxe an d GlL ie lo Rio Janeiro. NEWPORT, DEC. 16.—S1d. Massachusetts, Phila dei rs h l i d, l' LIVERPOOL, DEC. 18.—Wind E.S.E., moderate.-- - , 0 Mawood, Ichaboe ; Baunet, Buenos Ayres ; r r i o , r k, Llewellyn,'Africa; Harmony, Mobile; Oxford, New i on , CLYDE, 16.—Sid. Belmont, Trinidad ; Mobile. 17. Leven Lass, Burbadoes ; Triton Wl' narkabire, New Orleans. CORK, DEC. 16.—Sid. Superior, Ichaboe. GREXNOCH, DEC. 17.—The Belmont, hence to TrA dad, is ashore at F an l ey , near Largs, b ut expect* - and to proceed. gi r LEITH, llEc.l7.—From 200 or 300 vessels at St• garet's Hope, and about 20 sail in these Roads. w i t ); KINSALE, DEC. 14.—A rr d. Mi sc hi e f , Lisbon, sails split, and part of cargo thrown overboard. SCILLY, DEC. 14.—Put back, Schiedam, lea , * with loss of bulwarks. DINGLE, DEC. 15.—The Peelsone, e r driven ashore in this harbour 13th inst., and jt ' 6 038 cted must disch arge b e f ore s h e can get °eu ' A it d Duchess of York g ot as h ore at t h e same t i me , an'' expected must also di sc h arge . 14 N 3 ' FALMOUTH, DEC. 19.—A hogshead of sweet on, 0 1 269, L and D," has been picked up off Dunmeee, landed here. nober / ' ADERDNEE, DEC. 16.—Th e sc h ooner Ni m rod, s ho son, of this port, for Shields, in proceeding to Se rd drove on the p o i n t o f t h e N or th Fi er ' went to pieces ; crew saved. s l ' PLYMOUTH, DEC. 17.—Arrd. York, Duncan, John's, New Brunswick. OXFORD ClRCUlT.—Sta . fford, Dec. 17. At the sitting of the Court this morning, at nine o'clock, the trial of Downing and Powys, for the murder of Sir Thomas Boughey's gamekeeper, was resumed. Mr. Yardley and Mr. Boughey were counsel for the prosecution ; Mr. Allen and Mr. iluddleston for the prisoners. BY tl; desire of Mr. Justice Coltman, two of the wit- SALComma, DEC. 17.—Arrd. Copia, Icbaboe. CORN AVERAGES. cox 00 1 GENERAL AVERAGE PRICES OF BRITISH „.. For the Week ended Deis. 14, 1814, made up from the Ret n 7Plie' In pcctor in the different Cities and Towns in England i n 1 4 per Imperial Quarter. 0 3 li Wheat ......... 45s Id I Oats .... •211 lld 1 Beans ...... '" pie Barley ......... 34s 5d 1 Rye AVERAGES OF THE LAST SIX WEEKS' 1 '4 O Weeks ending WHEAT. BARLSII OATS. ITN,. 1 ogASL .......11 ---____„_,...... ....................... ...—......................'.............. si 1 Noy. 9 ... ...... , 6 3• 39 I 21 1 34 •; 37 1 ; 3 5 16 ......... 46 4 35 P 21 9 34 2 311 ; o i i 23,,,,, « .. 45 10 35 321 11 130 11 '2 4 ' I 30 ' 31 45 4 35 1 21 932 C 9 ,1 Dec. 7 45 2 34 9 21 10 31 9 ; 37 5 0 14 45 1 34 5,21 11 32 0, 34 ' 1 1 IMTZMAL AGORIOATZ AVIRAGI S OT THI !111 wo g Sr. ..3 10 Wheat......... 455. Bd. 1 Oats .... ..... 21s. P. 8ean5........, Sarley ..... .... 355. 2.1. 1 Rye .... ..... 325. 624 Pease....• , " -- 6i , DUTIIS OW TOSAIGN CORN. 4,. 0 , Wheat .. ..... 2C.. 0.1. Oats .... ..... 61. Odd 8ear1h...."" . 7 , Barley .......... 3s. Od. I Rye ..... .... 10. od.l Pease •••••"' riCCI e SIGHT AND H EARING . -39, A lb emar le-streew a re' dilly. Newly-invented spectacles, telescopes , ° I ; Sir glasses, microscopes, &c. Patronised by Genera Edward Paget, Si r E van Ll oyd, Fre d er i c k bid Clayton, Galway, G rosvenor , M orr i son, D yo tt, 11° D' son, and Ma c k enz i e ; M a j or -G enerals Sir H. 14 r s o stone, P. Fyers, D. M ac l eo d, Hamilton, and ii r er l ',Jdr Lieut.-Generals Sir Henry Bouverie, Sir J. 311 0° 711 Sir It. Barton, Sir T. Dallas, Lord John Hay ; Acr ; ,. Sir George Cockburn, Sir George Mundsy aD Martin, Sir James H. Whitshed Sir D. Go ' '"'„less Ross. By the use of these newly-invented sPe e L tl- o . ed, imperfect vision becomes preserved and str t e i t l l i F t : fi g o b . t and very aged persons are enabled to employ at the most minute occupation, and can see ', t ie they lenses of a much less magnifying power, nor 1 . alse require the frequent changes to further hefilesicePaa newly-invented achromatic waistcoat-pocket • e t . h ot and opera glasses. Every kind of telescope ° ,, noo seSt site with increasing powers, for shooting, sea P'l t i a and, upon stands, for astronomical purposes, wind the same celebrated lenses, the powers are so great, a at an lenses so bright and brilliant, that minute objet d er the extraordinary dist a n ce are b roug h t comp l ete ly tin" R ill eye. Sportsmen, tourists, and sea-side victors give° have a great treat. Their invisible voice conductOriot. immediate relief to old standing extreme eases 0 1 , 0 " o se ness. Caution —Messrs. S. and B. Solomons, eP ti er soS and aurists, are not in any way connected with 1 0 ) d n or of the same name in their immediate neighbourh o , a ; in any part of the country. To prevent mists"oir cautious and observe, only to be had at 39, Alb eri3 street, Piccadilly, opposite the York Hotel. C on' INGENIOUS SMUGG LING AT P LYMO UTH.""" he .0 traband d ea l ers i n to b acco have just been deteeteu,:bicb attempt to introduce this commodity by a Inod e e re' for ingen u ity w ill b ear comparison with any of to," nt sie eently discov ere d. Th e sa ili ng packet Zebra, ',artier Lauraines, from Jersey, commenced dischargir i gsot• cargo on Saturday, the 14th inst., at the legal q ua Y in stli' ton Wharf, Ply mout h . Among other goods in her "Ols fest were thirteen casks, said to contain pitch' D a 0 article is no t frequently brought from the islands , a oll s] the casks w e i g h e d only 3-1 cwt., instead of the t f h e eo average, 4 cwt. t o 41 cwt., the suspicions of the ° v ed of customs were naturally excited. They, howev er t iii prud en tl y d e f erred seizing the suspected goods 11 ,r 1 jue Owner present e d hi mse lf at the Custom-house. or course Mr. Christopher John Arrowstnith, the onlY v P o is senger by the Zebra, came to clear the casks, the/ s ar each found to c on t a i n a small quantity of pit"' b 0 rounding what appeared to be a number et briell' •ith these on i ns p ect i on proved to bo tin cases, cover coarse red paint, mixed with fine gravel or sand. ba cco. case had from 3/Ib. to Vb. of unmanufactured t° to tA closely wedged within it; indeed, so closely, tha t „ t tee°, six or sev en men a ll one day to examine the e° boo ' of elev en cas k s . Th e thirteen casks, each hasilig,; ( tae e forty-one cases, cont a i n i ng 1341 b. will probably P r hol 14 or 15 cw t. o f t o b acco i n all. ' One of the eel Oa t been s e nt t o t h e B oard of Customs. It is supl 3 ° s ii , so the tob acco was made to assume the form of hr''',9k; vise° facilitate the transp or t unsusp i c i ausly from the fir s t the of dep os it a f ter landing. The offic ers concerned 7burf. capture are M r . Ri c h , l and i ng -surveyor; Mr. ,t'°' tide-surveyor ; and Mr. Ramsey, landing -w 1 - --- I. ~I On the 3d inst., a t H BRTHS a alifax, Nov Scotia, the 1.-- , f O f C°P ' tain Mellish, Rifle Brigade, of a son. W l ' On the 14th i ns t., at Amherst Ledge, Ha m merso 3 if h, Edward Dolhnan, of a d aug h ter. gelo ii On the 16th inst., the wife of Lieutenant Robert R.N„ of a son, 0 Wife of On the 16th i ns t . , a t T akely Vicarage, Essex, th the Rev. Charles Clark.; of a so n . the I s o' et On the 17th i ns t., at Lewis-crescent, Brighton, • Captain V ernon, C o l dstream Guards, of a daughter. ‘,„, til On the 17th i ns t . , at Lynclifield House, near Tatlll4' A lady of S. Blyth, E sq., of a son. nic hsP. On the 18th i ns t., at Epping, the lady of the Ref' 0 Sale, of a s on . On the 18th i ns t. , at Duke-street, Westminster, the If of J. P. Kay Shuttleworth, Esq., of a son. MARRIED. • 110 On the 7th inst., at St. George's Church, Lishoilt — sog hw Tonson E vanson, M.D., to Lady William Montagu, A of James Du Pre, Esq., of Wilton Park, 13uckingli 3 T - Oa the 12th i nst., at the Minster, Beverley, J. rick, Esq., of Hull, to Anne, only daughter of 11 ' Esq„ of B ever l ey. Elli ott , of On the 17th i nst., at St. Pancras, William Timbre hte Esq., of Kentish -town, to Margaret Ann, eldest tisug ro " u gh - George Frederick Abraham, Esq., of Great Marlton' street. On the 17th ipikt., at Tottenham Church, Henry Nelr 'ght ° of SontiMiv'k, Bussex, to Arabella Marianne, e ld es t dati of the late John Molt, Esq., of Tottenham. DIED. i a rice On the 11th inst., at Belmont, Bath, John Unis"- - ' , of Boughton House, Cheshire. ° On the 13th inst., at Newby-place, Poplar , Diarths, R if e J. B. Gordon, Esq. dilog b' ter of Sir CharleA Wager Watson,On the 13th inst., at liaatlngs, Jemima, the eldest p B O, cqr,ll l )4dgeshire. ft" On the ' 1 _,`,,1 1 inst at Bath, Dame Catherine-, ' re lict 0 -, la f S i r , ..e George Glyn, Bart., of Ewell, Sum"; . rv i l iog ' On the 16th inst., at Brighton , _ Enna, youngest su 'Ess os. Bart., of Wratting ' n D t r h u e ry l , 6l .: h s inst f . daughter of the Rev. W. Walford, of Hatfield revere', _,B, Dr t h l ./ 1:) , Thal — On the 16th inst V' ,at rwittou, near Glouceste r, , B R ia o c s k in h a ea r tt ol . and, the only daughter w Lewis, Esq., aged, ;;ii . of 110 - On the 141 A inst_., James Ward Harper, you n g est 4,14111 Yes Bird, Esq of Kidderminster. u ar. On the 17th inst ., in Charlotte-street, Bedford-s 4 Catherine, the wife of Henry Langley, Esq. , tit : MO On the 1 7th inst., Elizabeth, eldest daughter 01 P. Chappell, aged 18 the . Idest On th e 17 t h inst. , at Ramsgate, Eliza b e th , daughter of the lat e iev. John Manley Wood. vat o f -1 1 °,1 04 : Frriuted and Published by MURDO TO N" 112, No. Strand, Printer, at The Sum Office, ."°*. of Strand, in the Precinct of the Savoy, in ti e C ow it. l l l 4 l 9l9lFariday, Deosabor 20, 1844. rt A) MARKET NEWS.—(YESTERm— HAT MAEXICTEI. 4/15 11 SMITHFIELD.—Coarse Meadow Hay, 31 135 1.0 Useful ditto, 41 16s t o 5/ 4 s ; fine Upland ditto, 5 ,`, 0 ; 9 0 51 lOs ; Clover H a y, 4/ lO s t o 6 1 ; Oat Straw, 11 if 11 14s ; 'Wheat Straw, 1/ 15s to 11 16s per load. S liP ` but moderate, and trade rather dull. 0 51; CUMBERLAND. —Coarse Meadow Hay, 3/ 159 04 " to Useful ditto, 41 16, t o 515 5; fi ne Upland ditto, 5 ',701 51 12s ; Clover H a y, 4110 s to 51 17s ; Oat Straw' , ' lo iitt to 11 14s ; Wheat Straw, 11 15s to 11 183 Per A fair average supply, and a sluggish demand. ,i 10; WHITECHAPEL.—Coarse Mead ow H ay , 3/ 12, to to Useful ditto, 4/ 15s to 514 s ; fine Upland ditto, 5 , 1 0 to 5/ lOs ; Clover Hay, 41 lO s to 6 / ; O at Straw , 1‘ I,oa. 1/ 14s ; Wheat Straw, 11 141 to 11 16s per load. throughout inactive, at our quotations. MEAT MAILICETS. 60 10 SOUTHALL, MCC 18.—We had rather an et,,03 supply of fat stock here to-day, both as to nutn' t quality. Prime qualiti es were i n good reque st s il o prices, but, other w i se , t h e tra d e was heavy. B eef' ‘l3 2s 10d to 4s 6d ; Mutt on, 3 s to 4s 4d; Veal, 3s 4d `90.0 and Pork, 2s 8d to 3s 8d per 81bs. Supply 1,100 ; Sheep, 1,629; Calves, 4 w a sig 51. ROMFORD, Die. lb.—There a full averse! l ot of-year supply of stock here to-day, yet the t11', 9 6/1; steady at our quot a ti ons . B ee f , f rom 3s to rporl4 Mutton, 2s 10d to 4 s 4,1 ; V ea l , 36 4 d to 4s 2d ; alnOsi 3s to 3s 6d p e r Blb s . S uc kli ng Calves, 189 t!,,„0 Quarter-old Store Pi gs , 16 s to 20 , ; and Web 1 - 1 " with their small Calf, 161 to 19/ each. v u ttOr l LEWES, DEC. 17.—Beef, f rom 2 s 1 0 d to 4s 6d ; 3s to 4s 4s ; Veal, 3s 8d to 4s ; and Pork, 35 36 8d per 81los. Supply good and trade firm. bt; ( t: THE LATE BANK FORGERY.-TRIAL OM BURGESS. After the verdict had been fully . 'recorded by the officer of the court, and the jury had again expressed their assent thereto, the foreman (turning to his Lord ship) said, "So far as mercy can be.,shovrn in a case of murder we would wish it to be extended to the prisoners in the present case !" The Learned Judge thereupon made a note of recom mendation, which cannot but be esteemed a most ex traordinary one, in a case of deliberate and diabolical murder such as the present, in which it is impossible to observe one single palliating or _extenuating circum stance. Mr. Justice COLTMAN, having covered his head with the black cap, thus addressed the culprits :—" You two young men have been found guilty of a most deliberate and cruel murder, committed no doubt from motives of the deepest and most cold-blooded revenge. The jury have thought proper to annex to their finding a recom mendation to mercy ; it will, however, be out of my power to do more than to lay that recommendation be fore her Majesty's Ministers. It only remains for me now to pass upon you the last painful sentence of the law, and to entreat you to prepare for that dreadful end which you must so shortly experience. It is not for me to extend to you either mercy or hope ; all that now remains for me is, to direct that for this your offence you, and each of you, be conveyed to the place of con finement from which you were brought here, that you be taken thence to a place of execution, and that you be there hanged by the neck until your bodies be dead, and that after death your bodies be buried within the pre cincts of the gaol, according to the form of the statute." The prisoner Downing, who throughout the trial had conducted himself in an insolent manner, laughing in a sarcastic manner at intervals, during the proceedings, here made a loud protestation of his innocence, and on being conveyed from the dock, catching a glimpse of some of the witnesses, looked at them in a menacing manner, and shaking his fist, poured forth a volley of threats and execrations against them. The district from which the prisoners come is de scribed as occupied by the most desperate and lawless set, and has been the scene of more than one fearful tragedy of late. It is, therefore, to he hoped that the awful fate of these crimiaals may operate as a warning to the inhabitants of the district which was the scene of their atrocious crime. MIDLAND ClRCUlT.—Nottingham, Dec. 17. (Before Mr. Justice ParrEsosr.) Thomas Jackson, aged twenty-one, Joseph Bailey, aged twenty-one, and William Harrison, aged twenty-two, werecharged on the coroner's inquisition, held at Newark on the 27th of Autrust, the former prisoner with killing and slaying John Toder, and Bailey and Harrison with aiding and abetting in the same. Jackson and Bailey were also arraigned upon an indictment, proceeding from the Court, for the same offence. As against Harrison, the grand jury ignored the bill. Mr. WILLaioaE, on the part of the Crown, said tha tas the bill against Harrison had been thrown out he should offer no evidence against him on the inquisition, and he would, consequently, be acquitted. A verdict of not guilty was according taken in favour of Harrison, and the case proceeded against the other two. The prisoners, who were undefended, were mild, inoffensive-looking youths, in circumstances apparently of the better order among the poorer classes. Simon Caunt, sworn, examined—ls an ostler living at Newark. On the 26th of August he saw the deceased, John Toder, near the Trent Bridge, and a number of persons following him. Witness understood there was going to be a fight, and he went with them in order to keep them out of a close of his master's. Went into a field with them belonging to Mrs. Cooke. Saw Jackson and Bailey there. W hen in the field the deceased and Jackson pulled off their clothes, shook hands with each other, and then began to fight. Had previously heard Jackson say he had ss. ; whereupon Toder said he would rather fight him for 10s., but as he had only got ss. he would fight him for that. The men fought for an hour and a half. Jackson seemed at first to have the best of it, and then Toder, until within the last six rounds. Heard Toder say "He would take the shine out of Jack son," and after that the battle seemed to go against him. Saw Jackson in the last three rounds hit Toder several severe blows on the body. It was a fair fight. When time was called, Toder said he would give over. lie was sitting on his second's knee. Jackson went up to him, shook hands with him, and witness then left the field. Saw Bailey " hand" or second Jackson for several rounds, when a man named Elvidge came and took his place, and Bailey did not do any more. William Kirby deposed to having been present during the whole of the tight. Saw Bailey there, He acted as second in the early part of the affair. Mr. Justice PATTESON—Were you present the whole time? Witness—Yes, my Lord. Mr. Justice PATTESON—Do you know you have ren dered yourself liable, and may be indicted for man slaughter ? Witness (with a look of ludicrous astonish ment)—No, my Lord. Mr. Justice ParrEsoN—Then you are ; and you had better understand that every man who is present at a fight of this description, death ensuing, is liable to be indicted for manslaughter. Understand that, and recollect the caution I have given you. Mary Hanson, an elderly woman, stated the deceased was brought to her house on the 26th. He was very bad and never stirred or moved. His head was very much swollen and bruised. Washed it over with warm water. The doctor came, bled him, and ordered the ap plication of nine leeches to the head. About three in the morning Toder threw from him a quantity of dark matter, which she considered to be blood. He died about seven. The surgeon who was called in (Mr. Dobbs) de scribed the nature of the injuries deceased had received: there were severe bruises o❑ the face and head, such as might be produced from blows. Made a post mortem examination the day following the death. On opening the scalp found a considerable extravasation of blood on the left side of the head. There was a large quantity of blood on the brain. The rupture of the vessels was the cause of death. Blows given by the fist would produce injuries of a like nature. Jackson, in his defence, said the deceased had been fighting in the afternoon before he fought with him— he had a black eye, a bruise on the forehead, and his nose was plugged up. Mr. Justice PATTECON—You should not have fought with him if he was in that state. Jackson—My Lord, he would fight with me. Mr. Justice PATTESON—You know yea fought fur a wager. Both prisoners were found Guilty. The Learned JUDGE, in passing sentence, said he wished it to be known that, whenever there was a fight and death ensued, the parties concerned in it may be and generally are guilty of manslaughter, even when proceeding from a quarrel and the passions are aroused, when it may be almost called natural to fight with those weapons nature has provided ; but, if death resulted, it would be manslaughter, though, under such circumstances, it was not customary to visit it with severity. He found Bailey had been in prison since August, and, therefore, had suffered enough; he should, there fore sentence him to pay a fine of Is. and be discharged. With reference to Jackson, who had been out on bail for some time, the sentence was that he be confined for two months in the House of Correction, and kept to hard labour. This case finished the business of the assize, which has been very light. The commissions of the city and county of Lincoln were opened this day (Wednesday). There are four cases only for the city, and about four. teen for the county. Of the latter several are charged with the commission of rather serious offences. NORFOLK ClRCUlT.—Norwich, Dee. 17. The commission of assize for the city of Norwich and county of Norfolk was opened this afternoon by Mr. Justice Williams, who afterwards attended Divine ser vice at the cathedral. The calendar contains the names of forty prisoners; among these are, one for murder, nine for the crime of arson, four for burglary, and other serious offences. The business of the circuit commences to-morrow morning at ten o'clock. CENTRAL CRIMINAL COURT. OLD COURT. (Before Mr. Baron ROLFE.) SHOPLIFTING.—Leah Mary Roper, spinster, aged 32, was placed at the bar, charged with stealing on the 2d of December, from Mr. Hardwick, of Holborn-hill, 48 yards of satinet, ♦alue six guineas. It appeared from the evidence of the shopman, that on the day in question the prisoner came to Mr. Hardwick's shop, and bought some articles to the amount of about Gs. When she had purchased the articles she said she wanted to go out for some time, and did so, leaving half-a-sovereign in the hands of the shopman. She re mained out for a short time, and returned to take away the articles she bought. While she was out a piece of satinet was found to be missing, and the prisoner was arrested. The satinet was found to have been pawned by the prisoner while she was out for 41. The evidence left no doubt of the prisoner's guilt. The jury found her Guilty, and the Court sentenced I her to one year's imprisonment, with hard labour. William Burgess, aged 23, lately a clerk in the Bank of England, was then placed at the bar, charged with frau dulently aiding and assisting a person unknown to per sonate an owner of a certain share of, and in a public stock, value 8,2001, with intent to defraud William Oxenford thereof. Mr. J. S. WORTLEY (with whom were Mr. Adolphus and Mr. Clarkson), stated the case for the prosecution He began by saying that the jury, as commercial men, would give that consideration to the case which its im portance required. He would beg of them not to be swayed by anything which they might have heard here tofore with respect to this case. The prisoner had been a clerk in the Bank of England for about four years, and that situation gave him facilities for committing the fraud for which he was now being tried. The Learned Gentleman then detailed the manner in which transfers of stock took place, and said the prisoner had made use of most ingenious means to defraud Mr. Oxenford of 8,2001. The Learned Gentleman then went over the facts of the case as detailed in the following evidence:— Wm. Smee was the first witness called.—l am the chief accountant at the Bank. I produce a copy of the ac count of William Oxenford. I look it from the ledger. On being cross-examined by Mr. BODKIN (who, with Mr. Charnock, conducted the defence,) the witness said the copy was accurate in every respect. Re-examined—The prisoner had assess to all the books in the Transfer-office. He was employed for some time in the Bank. He obtained leave of absence from the 3d of September to the sth. The prisoner did not return on the sth. William Oxenford was then examined—l live in John-street, Bedford-row. I was formerly in the Cus tom-house. I had 8,2001, in the Bank on the 3d of Sep tember last. I never transferred or consented to transfer any part of that money. I never signed any document for that purpose. I don't know the prisoner at the bar, or a person named Joseph Elder. I never wrote this name—it is a forgery. Cross-examined by Mr. BODKIN—I always received my dividends personally. Richard Blore examined by Mr. CLARKSON—I am one of the clerks in the Consol-office. I know Mr. Sutton, a clerk in the office. I got from Mr. Sutton two tickets, which I produce. I cannot say whether Ire • ceived them from Sutton or took them out of the box. The prisoner was there. He told me to transfer two tickets in the name of Oxenford. I said I had transferred them. He asked me to enter them immediately as Mr. Oxenford was waiting. I proceeded to do so in the transfer-book. While the prisoner was waiting I asked him if he knew Mr. Oxenford. He said he was an old friend of his. I said he must be getting an old man now. He said he was. When I completed I asked where Mr. Oxenford was. He said he was outside minding his horse. That , he had himself got an " early off" that day, and they were going down to Gravesend. together. He then went out and returned with a gen tleman. He then asked who would witness the transac tion, for that is usual at the Bank. The prisoner took the book to Mr. Ingall, another clerk in the same office. I then heard him say to the person whom he brought with him, " Come along, William, it is all right." I did not witness the act of the transfer of the stock. I after wards accompanied the officer, John Forrester, to the United States, on the 18th of September. We went to Boston. I found Elder in Federal-street, in that city. That was at the end of October. He went there Limier the name of Ellis. I recognised him as the person who came in with the prisoner, and represented Oxenford. Forrester asked him his name, and said, taking him by the coat, " Your name is Joseph Elder, you are a native of London." He was then taken into custody. James Sutton examined.—l em a clerk in the Consol office. I compared the two tickets with the account of William Oxenford, in order to enter them. Thomas Ingall—l am a clerk in the Consol-office. I was there on the 3d of September. I remember seeing the prisoner then ; he was a few feet from me. There was another person with him. I did not know who he was. The prisoner said to me " Perhaps, Mr. Ingall, you will see these." He had the transfer receipts in his hands. The book was on the counter. I took the re ceipts from him. The person whom he brought then signed the transfers. He signed the name William Oxenford. The prisoner read the amount from the book while I had the tickets and the names. The prisoner signed his name, to witness the identity of "John Oxen ford." The book was turned round to me, and I found that the names were all properly signed. I then signed my name, and gave away the receipts. Cross-examined by Mr. BODKIN—I do not recollect seeing the receipt signed by any one. I witness receipts of the kind without seeing the parties sign ; that is fre quently the case. Ido not see them actually sign, but they present it as their receipt. I assumed this receipt was right, and I put my name to it. Mr. Bord was six or seven feet from me. There was nothing in this transac tion to call my particular attention to it. Thomas Tokely—l am a stock-jobber. I know the prisoner personally. He called on me in August, and stated that he bad a friend who had 8,2001 stock which he wished to transfer. On the 3d of September he brought me a ticket filled up in the regular way, for the sale of 8,2004 I passed the ticket to Clement Smith, a stock-jobber. We agreed as to the amount of the purchase ; 984 was the price of the day, that is in money 8,107/. 15s. I afterwards received from Mr. Smith the receipt. It was not signed when I received it from Smith. I saw him afterwards, and got the two receipts from him. They were properly signed, and witnessed by the clerk. There was a person with him. I gave the receipts to Smith to get the money. The prisoner said he would wait for the money at the Auction Mart Cof fee-room. I got the cheque handed to me from Henry Smith, the son of Clement Smith, and a 100/. note, a 51. note, and 21. odd in cash.. I took the money to the Auc tion Mart Coffee-room. Burgess took the money, and the person who was with him took the cheque. Cross-examined—lt appeared to me to be a fair and regular transaction. Clement Smith—l am a stockbroker and jobber. The last witness applied to me, on the 3d of September, to purchase 8,2001. I was to pay 8,107/. 15s. for it. I know the prisoner. I went to inquire about him. I found he was not there, and was not likely to be there. Charles Cheetam Laurence—l am cashier in the bank of Lubbock and Co. About twenty minutes before two o'clock on the 3d of September a cheque was brought to me for 8,0001. The prisoner was one of the persons who brought it. ,He was accompanied by an elder person, who had a carpet bag. It is usual to ask the name of the per son presenting such cheque. I did so on this occasion. The prisoner said Oxenford. I asked how they would have it. The prisoner's companion said all or part in gold. I said they had then better have large notes, which they could get changed at the Bank of England. I then gave them eight notes of 1,0001. each. I gave them to the prisoner's companion. Hickman, a clerk in th e B an k of England, proved that those eight notes were presented to him on Tuesday. The person presenting them said his name was Oxen ford. He gave,the order for giving gold for the notes. He saw the person who presented the notes emptying the gold from the 1,0001. bags into two larger canvass bags, which he had with him. He had a carpet-bag ;it was like the bag now before the Court. The person was about forty-five years old, of a ruddy complexion. He had two porters who helped him to take out the bags. This was about two o'cJock in the day. Thomas Agar—l am a teller in the issue department of the Bank. I got an order to get gold to the amount of 10,0004 I got it in ten bags of 1,0001 each. I was desired to pay 8,0001 of it. The person to whom it was paid had a carpet-bag and two canvas-bags. He put the money into the canvas -bags, and put them into the carpet-bag. Mr. Gibbon examined—_l am a bookseller. Had an appointment at the Bank for two o'clock on Tues day, the 3d of September. I was in the out-teller's office. I saw the prisoner Burgess there. I said, " How do you do, Sir ? " He did not answer me. W. Dent Ede, a clerk in the Bank, proved he re ceived the notes. Leonard Dean, a porter in the Bank, proved that he brought ten bags of 1,000/. to the issue depart ment. The person who was to get 6,0001. emptied eight of the bags into two canvas-bags. I assisted him in taking out the bags. There was a carriage outside, into which the bags were put. John Ray examined—l am a clerk in the power of -attorney office. I saw the prisoner, in the middle of the day, turning out of Cornbill into Birchin-lane. There was an elderly person with him, whom I did not know. He was a stout person, of a ruddy complexion. They were going towards the river. Mr. Cohen examined—l live in Vinegar-yard. My father keeps a general shop. The prisoner carne there on the 2d of September. He asked the price of a portmanteau ; he was told 3/. He asked to have three bags, very strong, to fit in the bottom of the port manteau. He said they were to be sent to the Coach and Horses public-house, St. Martin's-lane. There was a deposit asked for. He desired to have the port manteau blacked over. The portmanteau produced I believe to be the same. Mr. Patsell examined—l am a boot and shoe maker, in George-street, Portman-square. I knew a person named Joseph Elder. I knew the prisoner at the bar. I knew them for about two years. I saw them at the George Townsend public-house, Oxford street. I saw the prisoner there, in the com pany of Elder. I saw him afterwards at Moor gate, with Elder. About three or four months after Elder asked me if I knew any one who could accommodate the prisoner with board and lodging? I said I did not know. In July last I had a vacancy for a lodger in my house, and I wrote to inform him of it. The prisoner came to my house. Elder used to come there. He was there on the Ist of September, about a quarter before one. They were in the room inside the shop. When I went in they said they would go up stairs. They remained there till dinner. They then came down. Elder re mained to dine. After dinner I lay down on the sofa, and heard the prisoner mention " a power of attorney." Elder said, " How is it to be done ?" The prisoner said, " It is like placing two boxes on this table, and taking it out of one and putting it into the oth er ." El der said, " Is i t to b e T uesday or Wednesday ?" The prisoner said, " I don't know ; I will tell you to-morrow." On Monday Elder was at my house three times, He called for a bird which übl i ch aboutuse . I ten didn Burgess h a d. H e afterwards came and took away the bird, and su b sequently his umbrella, 1 taw them together o'clockot seeat t the hem Ge to o g rg e e th l er low o n n send pthe Tuesday. Burgess went out about half-past nine. I saw him about half-past three again. When be called in the afternoon he paid me 71. in gold. That ,was money he owed me. He left my house between half-past three and half-past four. I did not see him any more till jae w bropht Up at the Mansion- William Goodered Baker, Alexander Masters, and others, gave the prisoner a good character. Mr. Baron ROISE summed up the evidence, and the jury, after a quarter of an hour's consideration, re turned a verdict of Guilty. Mr. Baron RoLrE then addressed the prisoner, and said that the charge had been brought home to him with a degree of clearness seldom attained in a court of justice. A few years ago the crime of which he had been found guilty would have subjected him to the punishment of death, and it would have assu redly been carried into effect. Since that punish ment had been abolished, it had been the subject of much debate whether its effects were good or evil. Thinking it, as he did, a merciful and proper remission of so dreadful a penalty, he felt it necessary to prevent, as far as in his power lay, the necessity of re-enacting it, and, therefore, in grave cases like the present, he felt it necessary to pass the fullest sentence of the law, as it now stands, which was that he, William Burgess, should be transported beyond the seas for the term of his natural life. The prisoner was then removed from the bar. Towards the conclusion of the trial he seemed to have grown rather alarmed. He turned very pale, and remained so to the end. The hurt he received in his leg appeared to have lamed him severely. He is a tall, clownish -looking young man, with a rough head of bushy red hair. The turnkey assisted him from the bar. NEW COURT (Before the RECORDER and Alderman Humus.) John Goody, a respectably-dressed young man, was charged with having stolen, in conjunction with others, not in custody, a tub of butter, value 31., the property of H. Musselwhite. The prisoner's participation in the robbery, which was ezecutcd with torch adroitness, was prom! to the 84087 faction of the jury, and they returned' a verdict of (uilty. The prisoner, it appeared had been convicted at the Surrey sessions, for stealing lead, and was sentenced to six months' imprisonment and hard labour. The RECORDER said he had been convicted on the clearest evidence. The court had the power of *ending