The Sun. — London, England, 1801-09-17 00:00:00

vALEa Vir. G. Df tacie's Cere- )e per- , though. ~',J ~llllSP'' i ' evinced point th beea s-ItoSS tte, are st out- rears tet BERE' S wbq Dyers'' , tight is and afiv' t h e per. Iy, ;bapter branch, minions cc, d'e rd poiiit fine bear 'll we be ' A eli n hiCik Thoar pled I° ,; that (1* fr" ~ a fil a r ,at SD a ,wise an flood in to a P r° l - c ut uppos trearti chart ci Parr c near a a 53 4 e bodY , - r (LIP our h 004! has sul its w 4) a grc3l , a you'4 :een year 2spec/ 317 o Vie ( ey ( !The pi, but cil. s i ' cream t° , he neird ier .iil).o a svoY ran ocv the of of ,y,' 3- tfr • th t° , o! nr cli j e nsi~erS • i o,p • 11 1 ,1 rea• jccas i i ° H il e i rIY I ` l ,lli the - It incur r a ke, a 5 0° , 1 irrit" ed, t ha' es ue' l io4 t° THE THEATRE; Cotvent-Gardat. THE Comedy of The Poor Gentleman was repro• tented last night at . this Theatre, but was not at first attended by so numerous an Audience aS the merits of the Piece, and the talents of the Adork, might be expeled to attract. The ch4raaers it this Comedy are peculiarly well adapted to the abilities of the Performers, and they all exert themselves with such effeet that nothing " comes tardily off." LE wis was particularly distinguished. by ,the friendly greetings of the Audience when he entered, and he amply justified their favoUr by the spirit of his performance in Frederick. MURRAY, MUNDEN, FAWCETT, KNIGHT', and " though last not least," Mrs. MATTOCKS, had a gratifying welcome on their return to winter quarters. We ought not to pass over the simple and sterling merit of WADDY in Humphrey Dobbins, which re eeived and deserved much applause, as an unaffcfted exhibition of blunt humour. This Comedy contains so much to divert, and so Much to interest, that it will doubtless retain its popularity, particularly as it is so ably supported by the Performers in general. The After piece was 17 Boriclucani, which, if not possessed of much dramatic merit, has at least the recommendation .of moral tendency, mingled with laughable extravagance. JOHN B utt. has not exerted himself upon Dra thatic Affairs so resolutely for many years, as he did on Monday last at Covent Garden Theatre, itsPeaing the absence of COOKE. The point in question was, indeed, involved in a mystery that 1148 'not been cleared up. COOKE, it is highly probable, could not know that he was advertised Vr) perform in London on the same night, when was to play for his own Benefit at New "We, for he otherwise would certainly not haVe 'exposed himself to the resentment of a 'London audience,--On the other hand, it seems that the Theatre should have ventured to ntinunce for the opening of the Season, unless st: 'had positiVe assurances from him that he would 2 'lltend his duty. The Manager, htbwever, might fairly .presume that the London Papers, besides the teg*lar notification from the Theatre, would sufli tttly apprize COOKE of the necessity of his attend as in London, This matter occasioned so much Onfiision in the Theatre, and has been so much the topic 61 . cOnversation, that it will be necessary tOzive 'some explanation of the unlucky mistakes *bleb produced the Public disappointment, and itinseepent 'disturbance. - The TragedP.of 12tnneo and Juliet is one of the trainslationi IrCia.the.....aglish Drama performed in the Theatre at Vienna: Though the Scene of the ''lay is laid in Italy, and the action is supposed , to taken place in a. distant age, yet the Romeo Of the O r eserft.day is habited like a modern English h-4,4-,k, with -a rozlnd hats bnntr and and every ti'Aii`Of a Bond-street Sportsman. 4PEt LOUT, an ingenious Astionother, states, tr i ,.tat there are now several 'clusters of spots or the t l '. One of these, at measured 6n the '2Bth ult. micrometer, spteirci over nearly an eleventh of "t•Sun's diameter in length. Another measure. taken 'rather roughly, Of - a spot on the z7th, 'vet six seconds, or very - nearly, in passing by the t 6 of the telescope s and consequently. bras t'he 16th or Q id of . the Sun's diameter, about thirty , five 'Ot furry thousand miles in.lengthb . . 'Complaints having bee:i preferred against several Vfficers 'of the Army for shooting and coursing lkiKhout the previous permission of the Owner of the Irtehold, a resolution said to be adopted, on' a haige of a similar trespass being substantiated at the Wai..otte, to enforce the penalty: of the Law, 6 3 . ' which-the offender is liable to forfeit his Com, Mission. A Consular Tiectee of the 6th inst. has restored to the Irish and Scotch Colleges at Paris ) the pro bely belonging to these establishments which.had h ot been alienated in the early - periods of the Re.. Znlutipn ; and the Principals of thettiare authorized ° their former system of education.. • • Is itl Y e 3 terday i a terrible accident happened to a who was 'ernpli)yed in laying some sheath tng e qPer on the roof of a new building, attached to the East India Horse. Walking along upon the parapet, very ir.autiously, his foot slipped, and the !infortunate man Was precipitated headlong to the bottom of the.building, which is more than forty feet high, and killed on the spot. • Tuesday sennight the b o dy- o f M r . G eo . M art i n , oi i joiner, n Carlisle, was - found drowned in the river Eden, near the Swifts. It is supposed, that in a fit of despondency 'he had plunged into the river, and rashly terminated his existence at the age of 70 Years and upwards ! The Coroner's Jury found .a iretdia of Lumaty. He had long laboured under a Nental derargetnent, 'and was frequently heard to c°4lpluin of the prolixity of life, A ?‘lntorAbt,.--Yesterday a Jew named Einantiei ,was charged with buying counterfeit t ugs without cutting. theme He was searched, ail d bad silver to the amount .of twerity:.three r found, upon him. Not, being able to give a 44 , tisfaftoty account of the manner he got his living, tto having been taken up , several times before-Ob mic same charge, 'the MagAstrate ordered him to be Knitted 'to the Poultry Compter, and brought up 4 010 on Friday. Saiurdmi fait the following eight unfortunate ri&s Were executed on the New Drop, behind -'` Castle o f L an c as ter, pursuant to their sentences .4t tk ai lilel4 st Assizes, viz. Arthur M'Garrat ty, Tho ,.„,alinsley, R. Dugdale, alias John Rhoden,' 1 4t ° mason, Joseph Mason, Simon Mason, Isaac lus t l r ) and John Gallant . They acknotTledged the tati o te 0 1 their sentences, and since there condeth. behat, n and at . the place of execution, .they Rb oc iq in a very penitent manner, except j o h n he v /' and one of the Masons , who, just before ' s l a unc hed into . eternity, kicked cfr his shop, 4111 Qtile Pilile ;neared muli OID kVEIIigi'SDAY, SEPT. Y 6. THE Sessions commenced, at this plate before the RECORDER and other City Officers; and before.Mr: Baron HoTHAM and Mr: justice Le BLANc. james,Shaqt) was brought to the Bar. He was indicted for receiving a quantity of silk of the vas lue of 1501. knowing it to have been stolen. The Prisoner being arraigned; be RE Co4.rnit told the Jury that a former:jury : had-Acquitted the principals ; that 'is, .the persons, who had been ac cused of stealing the property, for receiving which this Prisoner was indided, and therefore it was im possible that he could be convided as the receiver. —Mt Cu/kJ. s ge uii INC C, riage, LY on being STI ES. SAND.. iced in , Bell, twcert .D de- in the e Flag lotious ci with after- Lord )loriels iccom- took ~ STY" iS took BURGLARY. joselh Davis, Thomas Head, and Neither Head, were indiaed for burglariously breaking and enter ing a dwelling-house, about the hour of eight in the night, with intent to steal, and burglariously steal ing therein two cloth coats, a shirt and other arti cles of wearing apparel, a table-cloth, &c. amount ing in-value to ten pounds, the property of Samuel Chivers. _ _ Mary Chivers, the wife of Samuel Chivers, said she lived'at a house in Old-street, where she kept a shop; that on the 15th of August last she locked the door of her apartment which opens into a pas sage, and went into her shop, which is on the other side of the passage ; she was then in distress on ac count of having 'taken a bad 7s. piece of a girl whom she did not know. Hesther Head used to deal with her, and at this time owed her some mo ney ; she came to the Witness and asked her how much she owed her ?—The Witness said she could not tell at that time, but would look, and then said she had taken a bad 7s. piece of a girl, which the Prisoner said she lainented, and asked if she knew the girl ?—She said she did not. The Prisoner ad vised her to go after the girl, saying she saw her going along a little while ago. She went with the Prisoner, as she thought then, in pursuit of the girl, but which the Witness now, upon refledion on her conduet, thinks was with a view to deceive her, having asked her two or three times to go into a public-house to drink-some spirits, with a view to facilitate what was-going pi at the hous'e of the Witness at that time. When She returned to her house, she found that her backdoor had been unbolted and her room opened ; she had fastened 'it all over before she came away. On looking over the room she found that all the articles mentioned in the Indiament, and - many more, were taken away. A few days afterwards she .found, on ex amination, at a Pawnbroker's in the neighbourhood, a tablecloth, and at another's a shirt, which she knew .to be the property of her husband. She suspeaed the Prisoner Thomas Head and his wife of this robbery, because she had seen them about her house .two days before making observations, as she conceived, about the place, and therefore they were apprehended. A Pawnbroker proved, that he took a shirt in pledge of the Prisoner, Gel, Davis, and advanced illm p. en ;,, Cat of 4408r:A last. Mrs. Chivers swore, that the shirt was her hus band's shirt, she knew it by her own work upon it ; there had been a mark upon it, but that was taken away. _ _ _ Another Pawnbroker produced a table-cloth, which,. he said, he received of Elizabeth Davis, the wife of the Prisoner, Davis, who lives with hirn. ; and Mrs. Chivers also swore to the although the mark that had been on it WAS cut off; bat she knew it. by many .different little marks that were Upon it. Armstrong, a•Police.Officer ; apprehenthd the two Prisoners, Head, on the i Bth of August; and after. wards, in consequence of an information, 11;!search ed a room belonging to a,woman of the name of Anstin, in a' place near the Surrey Road ; and, under the bed, he found a box containing a dark lantern, a -phosphorus box ; a bunch of pick-lock keys; chisel, &c. the implements for house breaking, and also a piece of cloth, which Mrs. Chivers swore to be the property of her husband. The park upon it wa3 torn off, but slit! knew it by her own work; which was also upon it. Sarah Austin said, that het sister Mary, Jenner, brought a box to her lodgings two days before the Officer came there and found it ; but she said, she knew nothing about the box herself. Mary Jenner gave a very strange account from beginning to end, of what she knew of this mat ter. She said she took this box ; without knowing what was in ; it for safety, of her• own head ; and then she said, that she - took it at the re-' quest of Joseph Davis to her sister's—[She faint ed, or seemed to faint, and was' carried out of Court ; being recovered; and brought' backi—she said, she never saw the bok opened ; she did not know what was in it ; she never saw the Prisoner, Head, in company with Davis t and on a questiOn put to herby Davis, she said; she received these thingsin the box of - Mrs. Head, On the Wednesday after the robbery seas committed, That she said so before the Magistrates, and that in point of 661, she did receive them from herb It was in Old. street she received them, but she did not remem ber on what day. The things that Mrs. Davis gave her r were a dark lantern, and a bunch of keys ; and she then said, that she herself put them - in, and put in with them the piece of cloth, which was produced and sworn to by Mrs. ChiVers: She.saidafterwards, she did not knoW who brought -it into the room ; she found it there, and put it into the box. 4 The Officers , of the Police searched Davis ) but found nothing upon him, nor in his apartment. The Learned Judge, _Barlon . HotirAm, summed, up ,the whole of the evil nce and observed to the Jury, thatras to Marylerinir; :her story was so intonsistent and strange, and the manner in which she gave her evidence was ea extraordinary,- that she was not intitled to much credit before them. With respeCl to the burglary, the Learned judge said, he thought, fairly enough, they might acquit all the Prisoners upon that part of the charge; for it appeared by the evidence, that the- house was fastened up at eight o'clock in the evening in the month of August, aml the. Prosecittor'A , wife went bat. nunediately afterwards ; it Cbuld tidt, then be dark, and, therefore, said the Leatned Judge, your consideration will be, whether you believe these two inn stole these things; I-say these two nien; for as to the wife of the prisoner Head, she cannot be found guilty of any larceny that . is done in the presence of;her husband. Witlr respeet to Head, the only evidence, I conceive, that affects him, is his being seen about the house in the cOtirse of the day, or a few days before; and observed particularly by Mrs. Chivers, to look about the place ; that is, to be sure, a circumstance to be taken with others into consideration ; but at the same time it does not appear to me to go a great W:ij'; for he might have lodged in the neighbourhood, and might hare been in the course of going home, and he might have been seen about the place, and appear suspicious without having any bad 'purpose in view. That does not appear to me to weigh a great deal ;- he is not sworn to by either of the Pawnbrokers as having pawned any of the goods ; he is not seen by Mary Jenner—she had no conversation with him about the box, and .therefore ; it does seem to . me, that whatever may be your Suspicion, the evi dence in point of 'fad, falls short of proof of guilt as to him ; and his wife, as I have told you already, is entitled to her acquittal of course, because she is supposed to have aded, if she did any thing id this business, under the coutroul of her husband. , With respect to Davis, there is Inc - re to be said--. for, two"days after the robbery, it appears that he pawned the shirts which Mrs. Chivers swears to be . the property of her husband., N o w if a man pawns that which is clearly proved to be the property of another, and does it so recently after it was stolen, it is incumbent on him to assign to a jury, when tried for the theft, some reasnu for being in posses sion of it, which the- Prisoner has not done ; he has • said merely it was his own.---That you ate to de_ cide for yourselves upon the evidence ; the . mark is picked out, a circumstance of suspicion to - be added to others. The other Pawnbroker took the-cloth (which has been produced and proved also to be the property of the Prosecutor) of Elizabeth Davis ; now as to this box, you have heard the girl, Mat'Jenner, s,wear-' ing backwards and forwards, and you have heard . what it contained, and, to be sure, pirt of this story bears pretty hard upon the - Prisoner Head, .for it appears to have been an interesting thing to him, that the box shOuld'be taken away from his posses sion ; but that is not, perhaps, enough to, convift him. These are the circumstances, as I have stated, which affeet the Prisoner Davis ; if you think they are sufficient to convkt him of stealing the property, you will say so, but I think you cannot say. it was in the night, it being about eight o'clock in the evening, and in the month of Augnsr, about the middle, it could not have been too dark to distin guish the person ofa man, and therefore cannot-be a burglary.' With respeet to the other Ptisoner, the case is not so strong, and therefore, I think, you will feel yourselves disposed to acquit him, what ever may be your suspicions (for I will not do. you the injustice to suppose that you do not susped at least, that he was concerned in this robbery), but I- am of opinion that the cvmcnce ants 'olio& L of proof of guilt in him: You will consider the whole of the evidence, and give such a vetdift as appears to you to he jost. The Jury found the two Prisoners ) Head, Not Guilty, and found the Prisoner Davis Guilty of stealing the goods, but not of breaking.and enter ing the dwelling house in the night time. M r . Baron HOTH A Nl.—" Gentlemen, when the property appears to amount to 161. I cannot ask you to reduce the value below 40 shillings." ;anti's Austin was indicted for burglariously breaking and entering the dwelling house of Tho s Wigginton, and stealing therein some bed fur niture., his property. it appeared clearly in evidence, that the Prose cutor, on the 28th of July last, fastened his house, and wash house, which adjoins it-. That he was alarmed by the Watahnian'abotit foqr 'o'clock in the morning, who produced to itim bundles in which his property, as stated in the Indiament, was wrapt up. The Watchman caught the Prisoner in the a& of coming over the wall adjoining the Prose cutor's house with this bundle, and took him up, but was obliged .to let hini go, another man having come up to the Prisoner's assistance, and they pelted the Watchman with.stones. ilk he knew the Pri. soner well. He was apprehended zhefollowing day. Mr. Justice LE PLANC observaa to the, Jury, that before a burglary could be committed, it must be-proved that the stealing was at a time when the person of a man could tot be•-distint=;uished'; now the evidence which proved that the Prisoner stole the goods, proved also; that he did not commit the burglAry, for the Witness swore he saw the Pri soner on the wall with the bundle, and knew him. It was dayXght, about four o'clock; in July.;— The Jury. would, therefore, if they b-jieved the evidence, find the Prisoner guilty of stealing the goods, but not of burglariousr7;r breaking and en tering'the dwelling,house. The value wa4 here bc: low 4os. and therefore the conviction could cot he capital, Guilty of stealing the goods, but not of breaking and entering the dwelling.house. josepi? Hui WAS indicted for stealing a lamb, the property of Edward Kirby t he younger,-4ihy.-7 Death, Nathaniel figh was indiaed for buiglariously breaking and entering the.dwelling-house of a Sales man, about the bout of ten o'clock at night, with intent to steal, and stealing, coat. It appeared that: the Prosecutor went out of his house to go to. a *gtibourfs, about ten at night; but he was not sure that he shut the door after him. When he returned, which was almost instantly, the Prisoner had a coat rolled up under his arm, coming towards the door. He was asked what he-meant to do with the coat ? He dropped it, and ran away was taken and committed. Mr. Justice LE BLANC told the Jury, that the offence, as stated in the Indiamint, was a capital offence—breaking and entering dwellin - g-bouse in the night, but they dismisi die capital part of the ebaite; the : 1 3 rosEetiiiit could tit that the door was fastened when he went our; anti iherefore it could not he taken that the (lc:or was fast; andif it was not,. there was no br - eaking: Lut as to the theft, the jury would consider Whether the Prisoner had any purpose in view but t 6 steal the coat, if he moved it from the place *here it was, with intent to take it away by stealth:, it as much a theft as if he had ailually run array with it: Giti/ty of stealing the'goods, hilt not Of breakirii and entering the dwelling-house: PRIVATE STEALING. lames Simpson was indiacd for stealing mond bracelet, and some other articles, the propertY of Mr: Goodwin, privately in hii shop; Mr. Ress who has the care of the shop of - NTt; Goodwin, hi Holborn, said, That on the ist of Au gist last, the Prisdner, who is a Man respect= able appearance, came to their shop and aAced to look at a,gold broach. The Witness shewed it him another person came in and asked to look at some silver knives ; the Prisoner said he was not in haste, and that he might serve that Gentleman first: The Witness turned round and shewed that person some knivei, but none of them would suit hitn, and he went out again. The Prisoner then holding the gold trinket in his hand; asked the price of it ? He told him half a guinea.—The Prisoner offered seven shil lings, and .then eight shillings, which the Witnessre, fused. The Prisoner then made an apology for th e ; trouble he gave, put the broach down and went away. The Witness did not suspect he had lost any thing, blit afterwards; on the suggestion of his wife, lookedinto the drawer, which he had laid before the Prisoner with articles of jewelry in it, he dis covered .that the articles stated in the indiament had been taken away—He went out and went down Holborn, ~he saw the ,Prisoner and the person who came into the shop to ask for the knives together; they were joined by a third the Witness crossed the was, and watched them ; the Prisoner went into another jeweller's shop, the Witness followed, charged him, sent for a Constable and had him searched, and all the articles of jewelry were found in his possession. - The Learned Judge asked the Witness if there was . any . body.in the shop but himself while the Prisoner was there ? He said, that his si:3ter, Miss Ross, was in the shop all the while the Prisoner was in it, but she not now in Court. Mr, BAron HOTHAM. - " Gentlemen of the Jury, hs to the fad, that this man stole the proper., ry, there can he no doubt of it, if you believe the evidence ; for it was found almost immediately in his possession, and he haS not attempted to shew how he came by it. But your principal considera tion will be to say, what ,denomination of offence you will - convift the Prisoner of ? Now, stealing in a shop privately to the value of above ss. is a capital offence. With respectto this being private, the circumstances are these—Mr. Ross, who was in the shop, served the Prisoner, that is, shewed him the - :tracks. He did the. same thing to t. other man who came in. He did not see the theseiroaoy a". fliprefore ) as far as. Mr. Ross's observation went, the stealing was pri. vate ; but • he states a circumstance which calls for your consideration, namely, that his Sister 'was in the Shop at the time when this 'was done, for she was in the shop during the whole of the time that the Prisoner was there. Now, if she saw the Prisoner take the goods, then it would not be steal ing privately, because it Was discovered in the shop. We cannot take it froth the account of Mr. Ross noiv,. that his sister did not see it, for she herself might have been here to say so she is not here, and therefore you cannot have sa. tisfaflory proof before you, that Miss Ross did not see the Prisoner take the goods. If she did see him., the offence is not capital, for, in that case, it cannot.be said to have been done privately. If she had been Jere and had sworn, that she did not see him, and there was nobod); else in the shop, then the offence would have come under the denornina tion of a capital. one. I think, therefore, that that has saved the Prisoner's file ; and if you are of that - opinion also., you will acquit the Prisoner of the capital part,•and find him - guilty of stealing only. Gmiity of:stealing the. Goods, but riot privately ,in the Shop. ilfaknc's Ke-rne - r, alias ychrz Brown, it; as in dieled for a capital offence, in burglarimsly en. tering, als-02t the' howc of tAireivc in the night, of the 19th of June, the dwelling-house of Robert Becbv, Esq. and stealing therein, six si!‘'er tabirf:. spoons, five rea.spoons, one desert spoon; a suga"_ tongs ) pe.pperLbox, and various other articles of plate, his, property. . . - it-appedred.that the Prisoner had lived as servant with the Prosecutor, Mr. Beeby, about five or six weeks before the robbery took 11:! Iles laid in the Indiament were proved to have been duly. deposited in the Butler's pantry the evening of the f9th, and. on the following morn ing they were missed, No Evidence was adduced with respect to the faa of the burglary. By means of advertising and the - Circulation of Hand. bills, the Prosecutor discovered, that a great part of the property in question had been pledged at the different pawnbrokers ; two of these were brought forward ; the first stated, that on the 2.oth of June 'the Prisoner brought a - number of silver spOdns • to pledge at his shop ; he call_ ad himself John Brown; and said they were his pro.. perry ; the second stated, that some things were pawned with him, he believed by the Prisoner, but could not positively swear as to his identity. The articles which wore produced were sworn to by the Prosecutor. . In his defence the Prisoner, who was a foreigner, asserted his innocence of the charge, and denied that he was the person who had pawned the plate, and appealed to the Proseciltor for the goodnes3 of hip charafter. . Mr. Beeby said, he /cceived a very roil charm.. ter with the Pxisoner, but that living only three weeks in his Service, he could ascertain but little of his charater by his own personal experience. Mr. Baton lioTHAm, in thc course of his charge to the Jury, observed, that the case against tht•Trt.. soner, excepting the charge of burglary, was a very short and, he feared . , a very - clew one. He then