The Sun. — London, England, 1804-01-12 00:00:00

Ppotietitor of course treated ; wad r;laty Srnih W 33 dispatthed - with"-liall-r-erown to purchase, the liquor. The Prosecutor solaced hire sell with Rebecca Starliforth while Smith was ob. sent. She went out very soon after. Smith then - came in, and in a minute or two after the Prosecu tor missed his purse. He told Smith of the 'circutn stance, and that ii contained very near too guineas. Smith expressed her astonishment at the loss, and' protested that she knew nothing of it. The Pro secutor instantly gave the alarm, And had Smith de tained ; upon whost person, however, nothing be longing to him was found. On the following night, it appeased that the Pri soner,_ Rebecca Staniforth, was apprehended. She was taken by one of the Witnesses, a Watchman, in company with a . young woman of the name of Wilson; they were going into a public-house in llandOs-Street. At the moment the Watchman lair hold'of her, Staniforth dropped a purse, which was picked up by Wilson, who said, she made free with only one guinea of its contents. She gave the purse to one Elizabeth Phillips, in whose possession it was afterwards found by Donaldson the Officer : it had been deposited by Phillips, in an artful man. ner, under some boards. It contained, wheh found by the Officer, seventy-seven guineas, and some half-guineas and seven-shilling pieces. The purse, on being shewn to the Prosecutor, was at once recognised by him, and one of the guineas most satisfaaorily identified by him, as - bearing a very particular mark. , Elizabeth Manning, who keeps the house Nc,. 5, Vine-street, 'stated, that when the' Prosecutor brought Smith down stairs, and complained of the Robbery, he did not charge her, Smith, with being concerned. Mr. Justice ROOKS charged the Jury upon the ease :- he thought there was no evidence against Smith, and pointed out such circumstances as tend ed to affea Stitt-Ilford). The Jury, however, found both the Prisoners .iVot Guilty. Jahn Pugh and Matthew Miller were charged with feloniously stealing, on the 3oth of Aptil, right gallons of red port wine, value 405. the pro perty of John Garcias. In this case the Indictment was stated by Mr. Qtrarrzy, the junior Counsel for the Prosecution, anti the 'circumstances described by Mr. KNAPP, who observed, notwithstanding its obvious import. ance, as involving the question of the fidelity of servants intrusted with property to a very consi derable amount, the circumstances 'of the case lay in a very narrow compass: these will appear by the following statement of the evidence. .Mr. Garcias stated, that he lived in Finsbury. square; that about the latter end of April last he employed Messrs. Wilde (eminent wine coopers and merchants in St. Martin's-lane, in the City) to bottle three pipes of wine for him. Accordingly these Gentlemen sent their servants, the two pri soners, for that purpose: he saw them both in his Cellar. After the work had been finished, they altmvied him 13 bottles, which they said was all the grounds whieb cane di, and which rather surprised fiim. He thought the pipes were placed in:a very odd manner; but this they described to be the most proper position for the purpose. He observed the Prisoner Miller rather officious about the pipes, &c. but which, at the time, he attributed not to design, but to his possibly having drank rather too much. He examined the chalked marks on or near the binns, which it is customary for those employed to make of the number of bottles they fill, and these he found to correspond with the number of bottles in the binns, but of these he found that zz were broken ; the whole amounted to Ist dozen and nine bottles. Mr. J. Wiide stated, that he is in pa7nership 't%rith his brother Mr. Thomas Wilde ; they are wine merchants and coopers in St. Martin's-lane the Prisoners were both their servants : Pugh had been with them twelve years, and Miller more than six. On the• 30th of April last they were sent to the house of Mr. Garcias to bottle some wine; he stated that a pipe of wine, when full, aught to yield sz Ezell; consequently the three pipes should have' yielded 156 dozen : he was surprised at hear ing there were only 13 bottles of grounds—the quantity of wine in question should have yielded three times as much. When the pipes were brought to his house they were entirely empty ; the ullage or refuse of the wine was at an average between three and four gallons per pipe. _ Thomas Self - wood stated, that he was carman to Messrs. Wilde ; he had been sent to Mr. Garcia's in. April last, on a Saturday, to fetch home three pipes. He accordingly went thither ; he saw the Prisoners Pugh and Miller, his Master's foreman and porter, at Mr. Garcia's; they had not finished their work when he arrived ; he assisted them : one of the pipes, that which was first emptied, they desired hint to get upon the cart, before Mr. Cutreias came down ; it had some wine in it. When the two otherpipes were put up, they desired him to drive with. them to the Prisoner. Millerls house, and they gave him five shillings ; hc.heard.Mr. Garcias express his surprise at the pipes yielding rio more than t 3 bottles of grounds. When he &bye to Miller's house, the two Prisoners drew out the wine which remained in. the pipes: they drew it out by, means. of a crane, an instrument used in the trade : they filled a wooden vessel called a can, Which might hold about four gallons, three or four times. He then took the empty pipes home to his Master's : they both assisted in drawing the wine from the pipes, and Miller's wife was standing at the door the greater part of the time. This Witness underwent a close cross examination from the Prisoner's leading Counsel Mr. ALLEY ; from this it appeared, what indeed had been previ ously admitted on the part of the prosecution, that he was,, to a certain degree, an accomplice in the affiir, and that he came to the Court from a prison : he however persisted tenaciously in maintaining that he had advanced nothing but the .truth : he denied the circumstance of his ever haying left his place Wooton Basset, on a charge of his having made zoo free with a leg of mutton of his master's,' &c. The feia of a quantity of wine being drawn from Ogee willeit were in a cart driven by the last witness, by the Prisoners, was fully established by the restitnany of a Mrs. Parish, who lives op posite the residence of the Prisoner 1111illec: her description . of the proceeding was similar to that given by the last witness. . The REcottnEa; who tried the case, delivered an excellent charge to the Jury upon it, who had little hesitation in finding the Prisoners Guilty.— The charge was not laid capitally. 'Rebecca Boulion teas charged with feloniously breaking and entering the dwelling-house of Charles Sturt, Esq. on the 4th of December, no person being therein, and stektling eleven window-curtains, seven chair-covers, and a large-sized bed furniture, value Sol. his property. Mr: Thomas Obee, a furnishing upholsterer; &c. staled, that six years ago he furnished the house in question for Mr. Sturt, the Ex-member for &id port ; and for which he has never vet paid him. About the period of the last General Eteftion, Mr. Sturt, being thrown out, quitted England, as he understotd, on account of his debts, and that since his detention, as a Prisoner in'France, he received a letter from Mr. Start, intimating his intention to give up the house, and desiring him to take the furniture and the lease of the house in part of what was' due to him. In consequence of this intimation, he went to Mr. Sturt's agent and solicitor, who, as he could coiled, were advised to the same purport. In some time after, he took possession olthe house, and occasionally slept in it, with-a view to the pre. servation of the furniture, &c. He had not lain in it some time previous to the Robbery. He particu larised the ar;icies which were taken out, and va lued them as above mentioned. The case against the Prisoner entirely rested upon the testimony of a girl, who lived as servant to Mr. Obee, and who, by her account of the affair, appeared to be an accomplice in the transaaion, as she gave her the keys of the house, accompanied her thither, and assisted her in taking down a part of the furniture, &c. 'fhis account being entirely unsupported, was, by Mr. Justice LAWRENCE, who .--zverely repri manded the conduct of the girl, deemed by no meang sufficient to convict. The Jury, in consequence, immediately pronounced a Verdilk of Not Guilty. GUILDHALL.-Tuesday a complaint was made before Mr. Alderman SMITH, that Messrs. Roberts . and Co. had not performed their duty in properly delivering a turkey to Mr. Matthew Ridley, No. 5, Leadenhall_street, as directed by the Ad ; but it appearing in evidence that Mr. Ridley had moved to No. 64, in the same street, and that the porter had made proper and diligent inquiry, without being able to discover his new place of residence, the Alderman immediately discharged the com plaint. Two men, of the names of RODD and BROWN, ate travelling through the country for the purpose of laying informations against Booksellers and others selling waste paper without the Excise Office Stamp upon it. A Bookseller at Wakefield has been fined for so doing. At Hunsley, in the Parish of Rowley, a few miles from Beverley, there is a field of turnips this sea. son, which for produet, both in size and quantity, it is supposed, has never been equalled in this or any other country. Great numbers of the plants have been matured to the weight of two stone and up. wards each turnip; and one in particular (not infe rior in girt to the dimensions of a bushel .skeP) ac. tually weighed three stone ten ounces. This plot of ground was recently, and for a great number of years, used as a coney warren. Early on Sunday morning the back premises of Mr. COPLAND, Baker, in Coleman.street, wer e entered by some villains, who went to the shop, and after taking what money had been there left, which only amounted to a few pounds worth of halfpence, set fire to the house in different places, and but for the smoke, which - awakened Mr. Con_ LAND, the house in a few minutes more must in. evitably have been in 'flames, as on coming down stairs he found the papers in a bureau, and some linen in a drawer underneath, totally destroyed ; and but a few feet from the same was an aperture in the flooring, of three or four inches, occasioned by their setting fire to a stack of shavings in the cellar. An alarming fire broke out on the zt st ult. in the Pre m i ses o f M r . M ARK D oaiTO , at t h e G reen Dragon I nn , a t F o rdham, in Camb r id ges hi re , which in a short time consumed the barn, stables, and out houses belonging thereto, together with a consider able quantity of wheat and other grain therein, and also a large quantity of hay. Happily, by timely assistance, the fire was prevented from communi cating to the dwelling-house. A Private, of the name of Eddy, belonging to the Royal Cornwall Militia, was lately sentenced to receive 300 lashes for desertion ; but feigning sicknes, obtained -leave to go to Penzance to his father, whence he again deserted to Sc. Colurnb, and entered as a Substittrte for the Army of Re serve, for which he .was to receive 351. and was aCtually sworn in by a fiCtitious name, when he was discovered by a paper which fell from his pocket. Another Substitute was then procured, who re ceived the whole of the money, and deserted a few. hours after. An unfortunate affair lately happened at - Dor.: chester i—john Fitzpatrick, a private in the . zoth Regiment of Light Dragoons, having been charged' with stealing some article of wearing apparel from a comrade, deierted from the Barracks. A few days afterwards, intelligence was received of his being secreted in or near the Town ; parties were sent in pursuit of him, and he was soon afterwards discovered in the walks of Dorchester; two sol. diers immediately pursued him, and two others met him ; one of those whci met him, called out, and told him; if he did not stop he Would lire at him;" and as the deserter did not surrender, the soldier discharg ed his pistol, the contents of which lodged in the deserter's body, on Ivhich.he fell and expired. After some deliberation, the jury returned a verdict of Manslaughter against the soldier (D. A. Hempel. man, a German), who is committed to Dorchester gaol. 11/ATIERFOIW, LLc. 3i, THU RSDAY last a villain knocked at the door oi an old man of the name of Power, at Lisnakil!, within four miles of this city, which was opened by li . tdaughter, whose arm he iMmediately broke by:a stroke cf a bludgeon ; he then proceeded to where the poor man sat by the fire, whom he beat in so `uornerciful a manner, that he died yesterday 'morn.. in , . The viilain.threateled his wife with instant • o death if she did not give him what cash was in the house—and the poor . Iki :1 - 17i 11 was obliged to deli ei to him fourteen guineas, the entire saving of their laborious industry, with which he got clear off. Yesterday two men were brought in prisoners from Ki!matihlinas; by a p;irty of the Middlethird C,%,,vairy for being suspicious chara6ters, and not hoeing any visible manner cif livelihood. JANUARY z. On Saturday john Biacket, who had been corm; mitted to the county gaol, by HENRY SARGRNT, Esq. on suspicion of having murdered John Power, of Lisnakill, as mentioned in our last, was brought :under a strong guard to the Mayor's Office, and there identified in the clearest manner, by the wile and daughter of Power, as the wretch who committed the horrid deed. It appeared that he got down the chimney of the deceased's house, about twelve o'clock at night, and killed him with a large stick while asleep. The daughter hearing a noise, and inqUiring what was the matter, received a violent blow from the villain, which broke,her arm. He then robbed the house of r i t. guineas, having pre_ viously ordered Power's wile to light a candle. It seems he was well acquainted with the house, having slept there several times of late, he being married to the niece of the deceased. Blacket was a butcher of the lowest description, and a resident of this city. JANUARY 3. On 'Wednesday or Thursday last, a considerable number of men entered the house of James Commins, a farmer, living in the neighbourhood of Stradbaliy, in this county, murdered him in a most savage manner, and then robbed the house of money and articles to a coritider,Abht amaunt. EXTRACT OF A LETTER FkOM AMERICA. " The whole military world here are expecting with anxious ear the news of the Invasion of England. The command of the Military Distrist• around rvi•mtreal is under Lieur. Colonel Bow Es, of the od; Regiment of Foot, a very active and di ligent Officer, who has lately arrived from Eng lnd. Regarding the Chief Consul of France, the Americans hold this language : if be submitted his measures to the good sense and reason of his Coon. try aten, we who are natural bow Republicans :night join. with him; but as he appears to respcd nothing .of this kind, we are surprised that some man who was yesterday his equal, does not convince hie' that he shall not be his absolute superior to-days and that a Citizen of one moment shall not be Inc tyrant of another." LC>NCEVITY.-Seven persons died last week, whose united ages amount to six bundred and secsing"/ seven years,• namely, Mr. William Shipley, projedor of the Society for the Encouragement of Arts, &c. - 89 Mr. G. Pudney, Parish-Clerk of Kelvcdon, Essex, 90• Mrs. Fidler, Roydon, Norfolk, - - - - 9° Mrs. Oliver, Vine-street, Piccadilly, - - - 95 Mr. John Page, Gardener to the Asylum, - - zoK Mr. john Pusel, at Lanvihangel, - - A female Pauper, in Manchester Workhouse, - Jib 677 Robert Kirby, a Gieenwich Pensioner, who was conyided on Friday at the Westminster SessioOf of swindling . a quantity of Bacon from Mess. WO and Barrington at Charing cross, was flogged orr Tuesday afternoon, from their house to Paritament street. A vast concourse of speaators attended, who seemed little inclined to commiserate his dis , graceful situation. New stamped Dollars were issued yesterday at the Bank and India-house, in the payment of divi , dends, which had a wonderful effea on the Lottery' Offices ; they were crowded nearly as much a s last week, owing to many persons being baulked no Saturday, on account of the greatness of the demand, and the difficulty of obtaining change. However, as there was only one small Capital Prize drawn on Monday, the Wheel is considerably richer in pro , portion; than at the beginning ; and Tickets anal Shares may be had, warranted undrawn, until Sa' turday morning, nine. o'clock, when the SeconS Day's Drawing will begin. SHIP NEWS. GRAVE . S£ND, JAN. 9. Passed by—the Pigou, Collett, from Philadelphia; PO' tientia, Storkham, from Seville ; _lndustry, Cruger, frost► Dantzic; 13titannia, Stead, from . Plymouth; Navigratioilt, arid Two Gilberts (Prizes), front Batavi a alufr Hawke, ,- front Westend. MARRIED. On Monday last, at St. Mary's Church, in Carlisle,-by . Rev—the Dean of Christ Church, 0 laird, the Rev, 'ham Carey, A. M. Head Master or Westminster School,' and Prebendary of York, to Miss Sheepshanks, only ( laugh."' ter of the Rev. William Sheepshanks', Prebendary of Car , lisle,.and Minister of St. john's Church, in Leeds. Ou TuestLiy last, at Hackney Church, Mr. Joseph Bur"' ditt, of the Minories, to Miss Rust, of Hackney. DIED, On Tuesday morning, at her house at Whitehall, Mrs. F•' Pelham, the last surviving daughter of the late Right HO' Henry Pelham, At Colchester, on the 7th instant, Sir William Cordon'' Bart.. of the West Nort'olk Ou Tuesday se'nnidit, At.llodworth, Yorkshire, Miss File" wood, of Silkst6ne. A dre a df u l f ata li t y h as atten d e d tilt , ' amiable family. 'The father, mother, son, and two daugnterso' have all died within a Cew weeks a each other. PRICE 0/" STOCKS, YESTERDAY. Bank Stock r4SII [dk'. India Stock Nars per Cent. 872.3 7i ex. India Bonds 5 per ..ent t'9„ 9z k Oirinium 41 4 Irish 5 per Cent. i I /II Pet . 3 per Cent. 541* 4 pet Cent con. 71i 2 Ditto Ann. 9i 3 per (.• R• Bank for Account 3 per C Con 54i 5,1 Deferral 3 rer Cent. Ann. 16 5-164- I Cons. tot Open. 5611 13. S. Ann. 3i LONDON: Printed by 1: UC HA NA N MI! LAN (of 13ow-Street, Covent-Garden); an d P u blished by W ILLIAM ARmtcla ScßiPrs , (of South Molton.st ree t, Grosvenor4 , quarej 3 A t tht-SuNa;OFE IC / 1 No. t i Strandwhere sidletrifiementi, Order s f or the Paper, Letters f o r the Editor, &c.(plut-paid)i must be addressed. 4.11 k. REPOi:T. COLJEf OF KING's BENCH. SITTINGS AFTER TERM BEFORE LORD ELLEN. BOROUGH. BYRON V. BURNETT. Mr. GIBBS observed, that this was an Allion on a policy on the goods on board the Eagle. It ap peared, that after she had sailed, a great parr of the cargo was changed at sea, and therefore, as far as a new cargo was put on board, the Underwriters ne ver were in any risk, and therefore that would en title him to a return of premi.7.4m. - Lord ELLENBOROUGH asked him if he sought to recover back the premium on the ground that the Underwriters were nor at all on the policy ? Mr. GI sus said, he admitted the Defendant was on the policy to a certain extent ; but he sought to recover back the premium on the ground of a short interest. This was the case of a short interest, in asmuch as the policy was on goods to the amount of 40001. and there were of those goods on board only to the amount• of 13501. and therefore, in that pro portion, he conceived the Plaintiff entitled to a re turn of premium. Lord ELLENBOROUGH.—" You say there were some of the goods on board, ,and therefore the po licy attached ; but you say it is the case of a short interest ?" Mr. PARK said, unquestionably many of these goods were not on hoard when ''‘,lle Eagle sailed. Mr. Grßns said, he had no, objection to refer it to any Merchant so say, whether, under all the cir cumstances of this case, the Plaintif was entitled to a return of any, and what premium, for short inte rest. Mr. ERsKINE contended, on the part of the De fendant, there could be no return of premium under the circumstances of this case. He meant to con tend, there was a fraud in this case from the very beginning, though he had not taken the opinion of the Jury upon it. Lard ELL.ENBOROUGH said, this was the case of an over insurance. Mr. EitsKINE contended, that wherever there was a disposition to defraud the Underwriters, there could be no return of premium. And here was a manifest attempt to defraud thee. it was at last .agreed.by the Learne ounsel both sides, that it should be referred to Mr. Barn well, une of the Gentlemen of the Jury, to say, whether the Plaintiff was entitled to any, and what return of premium, for short interest.. I AIRLESS v. HUNTER. Mr. ERSKINE said, this case lay in a very nar row compass. It was merely for his Lordship and the Gentlemen of the Jury to ascertain the correa mode of admeasuring a quantity of mahogany which had been imported into this Country from the Bay of Honduras, in the ship lames and Rebecca. Ac cording to one mode, and the correa mode of ad measurement, the mahogany in question amounted to. x 88,163 feet . II inches ; but according to the common mode of mensuration, it only amounted to 169,070 feet 4. inches. The quantum of the freight would depend on which of these calculations was deemed the correa one. One of the Gentlemen of the jury said, there were sworn Brokers to measur e t hi s ma h ogany, i n respect'}to the freight. Mr. Gent was the only Witness called in this case, who said, he had measured this cargo of ma hogany in cubical feet, and is amounted to 169, 0 7 0 # f eet 4 inches. He measured it in the usual way. • Lord ELL ENBOROUCH.---" Is that the constant mode." mode of measuring it ?"—A. " It i s t h e constant Mr. ERSK IN E contended that was an incorrea ad measurement, and that the Plaintiff was entitled to freight according to the real' contents of the maho gany on hoard his Ship. Lord ELLANnoßouct-t sail, people, in making their contrads, entered into them on the footing of a certain measure. Mr. EttsittNE said, the only question was, wile_ they this Mahogany ought to be measured according That i s t h e con s tant to L tl o le rd tr p u : t L h L — EN ac ß c o o ß rd o i ty ng cH t(:_it , s , real c ontents ? mode. Mr. Gent, you have never measured Ma hogany imported from Honduras in any other way ?" —A. " Never, my Lord." _ _ Lord'ELLENßoao UGt - 1.-" Shall we now set up: another mode ?" The Defendant had paid according to that ad_ measurement, and therefore the Jury found a 'Ver di& for the Defendant. SPORTING.—T. H. D. Esq. M. P. has betted the sum of zoo guineas with H. W. Esq. that h e produces six men who ply usually on the River from Rotherhithe and upwards, to row in any boat which they shall think proper, against six men who usually - ply on the water at Gravesend, in any boat which they also shall think proper. To start from a bOat anchored oIF T. H. D.'s wharf, at Rotherhithe, to go round the Norelight, and return to the same boat. The names of the men to be de , dared on January the zoth ; but in case any of the said men, so declared, should be taken sick, or otherwise prevented performing the above, then either party is at liberty to choose a substitute or substitutes. The following melancholy circumstance occur. red at sea, off Newhaven, on Monday se'nnight ; As three young men, named Smith, Baker, and Lee, the most skilful Pilots belonging to that port, were going off to some colliers, lying in the Road, for the purpose of bringing them into the Harbour, their boat, being heavily laden with ballast, it is supposed, shipped a quantity of water and foundered, by which accident the poor men were all. unhappily drowned. The Master of a Vessel who,came into the Harbour on the same day, stated, that he saw a lug.sail boat,, with three men on board, about a.league from the shore, .which he suddenly missed, but without seeing her go down.