The British Press; or, Morning Literary Advertiser.
London, England, 1826-04-08 00:00:00

IS THE WHALE A FISH?

A question, as to the really genuine pretension of the while 'o
the name of fiah, has recently been raised and tried. as appeal. by
the public panes, in New York, upon occasion of the attempt,
upon the part of certain dealers in fialboil, to escape payment of the
duty imposed upon that article of commerce, in respect of the oil of
the whale, upon the ground, That the whale is not a fish.
Of the legal acceptation of the term " fish," as including the
animals railed whales, there could be little occasion to doubt ; and,
this view alone, it might seem that a court of law must neces-
satily hold the affirmative. The point was disputed, however,
woo the bailie of physiology and natural history; and an eminent
naturalist of New York (probably Dr. Mitchell) was called to nip-
port the defendant's carte under that aspect- Not content with this,
ratattr, a scriptural ground was taken by the same party lathe
suit. It was said, that the creation of li.hes was spoken of, in De-
t.satti, in addition to the erection of whales; and that. consequently,
to the view of the sacred writer, whales are not fishes. Bosh on.
canal history and scripture history appe..r to have been listened to
be the Court ; but, in the appeal to the latter, the defendant was
unfortunate. A more precise elucidation of the scriptural arrange.
tent of whales /CRS referred to; the animal, which the Old Testa-
ment descripta as swallowing Jonah, Is, in that book, called a
whale ; and, in the New Testament, the same animal in reference,
pa the same history, is called a fish. This decision, therefore, was
m favour of the Collector of the Customs !
That a whale is a fish, is certainly the understanding of the law,
cf scripture, of the world at large ; insamueh, that there will pro.
habit, be no need of an Act of Parliament to constitute and declare
the whale, as for the purposes of the revenue, a bah, all natural his.
any to the contrary notwithstanding : similarly to the Act which,
for certain national purposes, makes Malta an island of Europe, in
the teeth of every geographical dictum ! " All the besets in the
tad, all the births in the air, and all the fishes in the eta." are three
popular and universal principal subdivisions of the animal king-
dom, in which the reference is rather mode to the element ir ha-
kited, than to the particular structure of the animal ; and, it this
sentence were once set aside, we ahould probably find, that beside
basing no whale.oil for flab-oil, we should have no fish-oil what.
ever; theanimals which are called whales being nearly those alone
which nature has supplied with oil, to the real exclusion of the
tallies ; and our situation being not at all mended if we take in
seal-oil, the claim of the seal to the name of fish, being even still
less supportable than that of the whale !
Bat this question, at once scientific, legal, and commercial, as to
the piscine character of whale.oil, having once been raked ; and
its repetition in a court of law in England. and still more. its
discussion as a matter of argument and curiosity. being possible
and probable—it may amuse some reader', and instruct ethers,
so draw together a few of those particulars which render certain, in
phytiolegical or natural history, a separation of the whale from the
hmgdom of fishes ; since, as under every other aspect, it certainly
belong. to it.
And first, in point of authority. we have Linnaeus, Fabricius,
Pallas. Schreber, John Hurter, Shaw, and other modern nature-
1a KS and physiologist., who uniformly exclude the whale from the
I;ct of fishes ; while Willoughby, Pennant, and Botch are to be
ated upon the other aide. " The cetaeenus animal'', or whales."
says De. Shaw, o• howeier nearly approximated to fishes by mer-
ited form, and residence in the waters, are in reality to be consideren
as aquatic mammalia ; for though, from their general shape, and
naming want of feet, they appear, at first view, widely removed
flatten that class, yet we find. on examination, that their whole inter-
ns/ structure resembles that of other matomalta, and that their
ameshgon is formed on the same plan." " Their lungs, intestines,
Esc." continues the same writer, " are formed on the seine plan as
he quadrupeds. They have also warm Wood, and, like other mam-
dials, suckle their young. It is therefore unrecessary to add, that
their true arrangement must be in the Name doss; but so strong
is the vulgar or popular idea respecting these animals impressed on
the mind, that, to this hour, they are considered fish by the mass
Of mankind ; who, not having either time or inclination to become
etnentifically acquaiatcd with the objects of creation, find some
difficulty in conceiving how a whale can be anything but a fish !"
-Qhfentiily Magazine.

• ALARMING OcCußßENcx.—Oit Tuesday last, as Mr.
mid Mrs. Busvine and a young lady were, in a four.wheel one.
Neese esrriage, on the road between Congresbury and Wick, they
were met by two men leading a large stallinl of the cart kind,
lonia. on their corning up, became Testier, and breaking the reins
by which it was led, fell on Mr Busvine's horse, biting and kicking
WM a furious manner. Mr. Buavine junipisl out. and was in the
act of assisting Mrs. Busvine, when the horse took fright and set
olf it full speed with the two ladies towards Congresbory.-
6turdal men attempted to stop its progress. by placing a cart across
site road; but this it avoided, and was in the act of crossing the
bridge (a most dangerous spot) when one of the men, at the risk
of His life, caught hold of the reins and stopped the horse, and Mrs.
liwAvine and the young Lady (Miss Jay) were taken out almost In
• Sate of insensibility, but without baring received any serious in-
Jury.—Brirrot Paper.
The trial of the unnatural and cruel father and mother,
Thomas and Mary Shipman, is just concluded. They were tried
upon the first indictment, which contained four counts ; the first
charged them with " intent to kill and destmy." The 2il count
ciihrged them with abusing their children, " with intent to do them
sore bodily harm." Upon the first count the prisoners were
aditiaitted; upon the second count they were both foend
The Court sentenced them to be confined for eighteen Calendar
months, but the description of misdemeanor of which they had been
runvic:ed, did not leave it in the power of the Court to add labour
to melt punisment. The worthy Chairman in addressing the
priamv•rs, told them, that if they could maintain themselves. la.
boor would be exacted, but not even the gaol allowance would be
extended to them, unless they earned it. The Court was crowded
to excess during the trial, and when the sentence was delivered,
the lower class in particular expressed much disappointment
that the punishment was to he so far short of the prisoners deserts;
a large concourse surrounded the caravan, which the inhuman pa.
rents entered with difficulty, amidst the loudest execrations, and
tie, were followed by hootings and other marks of disgust to the
dunes of their prison. The child was produced in Court ; its
shedow.like appearance excited the greatest sympathy for its suf-
ferings, and the utmost indignation against those who were the
MASI of them. The sessions concluded with this trial.—Chrhen.
loan Claunide. April 7.
The it:v. Neal O'Flaberty has taken leave of his old
pachilsiorevrs at Magilligan, in a farewell address, prepara-
tory to crossing the Atlantic, under the ordure of bar supe-
ricrel--Beffest (,%renick.

I.AW INTELLIGENCE.

COURT OF CHANCERY, FRIDAY, Aram 7•

LUCIFTT D. ROCHZIt.
MINSI'ODEN Mated that he had to apply in hia brodsh;p for an
injunction to rcs:rain the defendant front breaking open a box. of
which he had possessed himself, containing a manuscript be-
longing to the plaintiff, and lur which be had refused the sum
of 10,PM/.
Mr. Krucwr, for the defendant, was ready to undertake that
the hoc should not be opened. It was only last night that the tie.
fendent had receiver) notice of the application now niatle to his
lairdahip ; and it it war to be heard it most be es parte, for as yet
the defendant had not time to put in any atiidarits in answer.

. -
Mr. St'GDEX sished the ho'w to be brought into Court.
The LORD CHANCELLOR suggested that it would be better if
they would erw.sent to place the box in the hands of a third ratty ;
it would he a more convenient mode than bringing it into Court.
Ills Lordship asked from whose custody the box had been nt.
moved.
Mr. SOODEN said that it had been deposited with Messrs.
Hoare's, the bankers, but had been obtained trout thence by the
defendant.
Mr. Kw towr remarked that there were three locks upon the
box, and he was willing to consent that it should remain in its
prevent s•atr.
Mr. tIVOIIEN did not like the words" present state ;" he wished
it to be replatrd with Misuirs. Ilosre. agreeable to the suggestion
of his Lordship, if not brought into Court.
Mr. Kw IGUT then consented to that runnel ion.
The IJOND CHANCELLOR said that the parties had better attend
to the retoottnentlation, or must certainly they would find thou-
s:ls cs in the wrong box.

tc 1.1.n91.ry v. THE DUKE OE BEAUFORT.
Mr. II Alt T hogged to ask of his Lordship when it would be coo.
eenient to g, tt nolgment in this' case.
The Lotto Clisker.r.i.ow intimated that he would do so on
Tuesday next, and asked 3lr. Hart If his client had adhered to
the declaration made by him (Mr. Hart) on a former amnion, that
he would not tile any more affidavits.
Mr. flour replied in the affirmative, and said that thwohject en
the other aide WWI nothing but dtlay • whentver the cause was to
come on. then came a new stock of affidavits.
The Lonn CHANCELLOR said that the Court would call for
affidavits should it think necessary so to do.
The Sot.te on-GE xsuAt. said it became necessary to bring
in additional affidavits. because the witnesses swore directly the cur.
tram to these of his Learned Friend.

Mr. HAkT replied that there never was a man who swore falsely
upon one point that wee not ready to repeat it.
The So LICITOII.4SIE74I:RAL said that was a •ery hard assertion
on the part of Air. Hart. Here the matter dropped.

IN RE HUTCHINSON..

In this ease, which has been several times before the Court, the
' argument was resumed on the part of the petitioners, their Counsel
being Mr. Heald, assisted by Mr. Bose and Mr. knight; the
prayer of the petit Moen, bring to supersede the Commission of Bank-
ruptcy issued against Mears. Hutchinson and Co., of Stockton,
Northallerton and Stockley, in the county e York, bankers.
The following circumstances were alleged In favour of superse-
j ding the Commission, viz., that the Commission had been con-
certed between the bankrupts and the petitioning creditor. That
the petitioning creditor was a female servant to an attorney residing
at Stockton, aid who had lodged the sum of 1001. in the hands of
31eitsra. Hutchinson, in February 1825. and that site was induced
to strike the docket against the Messrs. Hutchinsonte, at the repre-
sentation of the attorney of the bankers; that she had herself no
knowledge of any act of bankruptcy having taken place, and that
indeed at that time no act of bankruptcy had been committed. That
the opening of the Commission took place at the Tontine Inn, on
the road to York, a considerable distance from Stockton, and at an
hour in the evening wholly unusual for such a proceeding ; and
the question was whether there was not strong grounds for sup.
posing that the petitioning creditor was an instrument in the hands
of the attorney for the bankrupts. That the bankrupts also had
given an undue preference to several creditors, some of whom were
nomed on the Commission. That these creditors, with the know-
ledge of the state of Messrs. Hutchinsons' affairs, had, upon an
understanding, drawn money from the batiks, on condition of
the notes being again paid in, in disliarge of debts owing
to the firm by the friends of the creditors. It also appeared
that the debts of the whole firm amounted to the sum of
3110.0001., and, therefore, it was contrary to all priMability to
suppose that a docket would be struck by so humble an indivi-
dual at a menial servant in the family of Mr. Hurst, when there
were claims of such magnitude upon the firm, unless by proton-
certed arrangement between the bankrupts, or their agents, and the
petitioning creditor. The amount of the debts of the present pe-
titioning creditors amounted to the sum of 10,0001. The ground
assigned for the removal of the assignees was. that some of them
had been parties to those tramtacions, and therefore would not be
disposed to sift the matter of those preferences to the benefit of the
estate.
SHAISWELL appeared for the petitioning creditor, and stated
that she was the housekeeper of Mr. Hoist at Stockton. That
having some money in the fortis she mild it out in February 1825,
and placed the sum of 100/. in ilte hands tit' Messrs. Hutchinson.
That, on the 17th of December last, having heard rumours unfa-
vourable to the credit of Hutchinson and Co., she sent twice for her
money, but could not obtain it, the bank being shut up. That she
mentioned the circumstance to her master, who eventually advised
her to strike the docket, which was done by him. The Learned
Counsel contended that there was no evidence whatever that there
was any concerted arrangement between her and the bankrupts,
and said that the circumstance of some of the persons who had
been parties to the transactions between the 14th and 17th January,
being named in the Commission, proved that the whole affair was
one of a Loan *fide nature.
Mr. HOGS (with whom was Mr. MONTAGU.) appeared for the
assignees, and contended that there was not a shadow of suspicion
to be thrown, either upon the petitioning creditor's debt, or upon
the conduct f the assignees. They had been appointed by a very
large msjority of the creditors, among whom stood four of the
persons now petitioning fur their removal, whose debts formed
9,80111. out of the 10,0001. which had been stated to be the amount
of the claims of the petitioning creditcrs. The fact want, that the
other two persons' conjoined debts amounted only to 2001.; the one a
butcher, the other a small former, who were disappointed, only be-
cause they had run a rare to strike the dock; t, but the petitioning
creditor was in first. That, therefore, both in point of respectabi-
lity as well as in amount, the petitioning creditor was, at least, on
a tooting with those two persons, who, in point of fact, were the
principal parties in the present transaction. The Tontine Inn was
notninated, because it was most convenient between the three
places, Stockton, Northallerton, and Stockley, and the hour of the
evening not an unusual one for the mete purpose of opening a
Commission,

Ale. ILEALD via partly heard in reply, when the Court rose.

OLD BAILEY SESSIONS, Arm 7.

[Before Mr. Sergeant.42l!l.9n re end lewd Chief Justice AnnoTT.]

MANSLAUGHTER.

Denis M'Corthy and Florence AI-earthy were indicted for the
wilful murder of Daniel Sullivan, on the 11th March last, in the
parish of Bromley. in this county.
Mr. BROM:TUCK (with whom was Mr. LAW). shortly stated the
awe to the Jury, and then called the following sittiesses ;
George Grove is the landlord of the Rose and Crown
puhlie-
house. Bromley. On the 11th of (larch Inst. witness noticed the
two prisoners as being in his house on the ereuing of that day. The
deceased was also there. A person named Florence Bryan was In
company with them. Daniel Sullivan left the house at shout 20 I
minutes pant eleven ; the prisoners left about half-past nine, and '
Bryan went with them. Knows a person of the name of Reardon;
he and his son were present along with the prisoners that night.
Cress.examined by Mr. Dann v—There were two or three ether
persons present with the prisoner; nn that evening. Witness bad
not supplied them with too much drink. Is confident that Bryan
left within two or three minutes of the prisoners. Knows a man
named Collins ; a person named Lyons wished Collins to pay Inc
atiothtr pot of beer; Collins refused. Does rot recollect Daniel
Sullivan getting 011 It's legs and trying to get at Collitot's pockets.
Jeremiah Reardon was at the public house at the time kis father i
was. ‘Vitruss, his father. and Daniel Sullivan, were in company.
Knows the prisoners and Florence Bryan. Saw the prisoners at
the public-house that night, between nine and ten o'clock. They
left before witness. Daniel Sullivan, witness, and his father, left
together. They passed the prisoners' house. Saw the prisoner,
Denis M'Carthy, there, and another person, but does not know
who that, other person was. Florence Bryan and Florence
McCarthy, Florence Bryan's wife. Daniel Collins. and a boy. came
out. Denis rWCarthy had a stick in his hand Thii,ks it vas a'
black thorn. It was a large stick. Florence Nl.Carilly caught hold
of witness's father, and said he was not going off so rosy as he bad
done before. Denis McCarthy hit his father with the stick. They
struggled for it, and Florence hit witness's father with the poker.
Witness was helping his father, and Florence then struck witness
with the poker also. iVititess went away for help. Daniel Sullivan
was leaning against the paling, at a little distance, Witness soon
returned without help, and found his father lying at the corner of
a garden, mar the spot ; lie was bleeding vrry much. Sullivan
war still bleeding up against the paling*. Witness was gone ;shout
five minute* There was a ditch near where the light began.
The deceased and Denis M'Carthy were in the ditch. Witness
was afraid to go too near the ditch. W antra SKIP Denis striking
the deceased, but doer' not know what lie struck hint with. He
struck him many times; he continued to strike him for a quarter
of an hour. - There were a great many persons about the ditch.
some of whom took the deceased out. and brought him to witness's
house. Levy Lyons was the man who took him home, and wit.
ness went atter the surgeon. The deceased was all over blcattl
and ditch water. This was on Saturday, and lie died use the next
Tuesday. •
Cross-examined— Witness is a labouring man, and has no parti.
eular master. He had been at the Rose and Crown that night since
six o'clock, but 11011 only had two pinta of beer. Knows a man
named Daniel Collins ; he had a quarrel with him about Christ-
note last. It was a dark night, but the women brought lights.
When Denis McCarthy beat witness's father. he and witness fought
as well as they could. Does not recollect any thing passing about
a challenge. Never swore that lie did not see who struck the
deceased. Witness was about the length of the Court hem the
ditch.

Cornelius Reardon, the father of the last witness, gave similar
testimony.
Mary Sullivan—D the widow of the deceased Daniel Sullivan.
Witness went on the night in question to the Hose and Crown
public-house to loot after the demised. She went away. and left
him at the publie-houre. Did net see her husband afterwards,
until *Gum *man came and told her he was murdered. bile went

THE BRITISH PRESS.

and saw him in the rotd, and a man stamping on him. Site picked
him up and was leading him home, when Florence M.l lathy came
up anti struck him three times ; ;mother man, named Bryan. then
came and tripped him up, and he tell into the ditch. lie was en.
deavouring to get nut, when the prisoner (Denis ill`tartity) Caine
up and tratepled upon him, and struck him for near a quarter of
an hour. Wmiess tray afraid of her own life, and went home for
assistance. Between twelve and one o'clock of the day on which
the deceased died, he wished witness to get him out of his bed and
make it for him ; phe did so; he requeuted tihe would make haste
for he was a dead man. He was almost gone. He died ■ little
before six o'clock no the same night. Before he died lie said to wit-
nvis that Florence Bryan and his lodgers were the cause of his
death.
The witness on cross-examination varied but little in her tes-
timony.
Margaret Dodd —Lives at Bromley. Saw the deceased just after
the first part of the affray. lie wait covered with blood. He slid
Florence Bryan and his lodgers were after killing him. Both the
prisoners were present. Soon afterwards she heard a plunge in the
ditch. She looked to see what it was, and saw Dimis 111.C.rthy in
ihe ditch hitting the deceased. There was only part of Sullivan's
heed to be seen.
Elisabeth ill—Lived at Bromley. She gave similar testimony.
Thomas Burford, the parish constable of Brrunley. was called
in by the watchmen atter the affray. lie went to apprehend the
prisoners. Florence ;11'Carthy tried to make hiseseape by dropping
nut of the window. Witness produced a paper ha received from
Hannah Burke.
Hannah Burke proved the finding of the paper produced on the
morning after the transaetinn took plate, and pointed out to a gen-
tleman named Townsend where she round it.
Thomas Ansel!, a surgeon. attended the deceased ; he proved
that the bruises the deceased had received on the occasion in gunk
tion caused his death.

This was the case for the prosecution.
The prisoner, Florence M `earthy, denied having any malice to
wards the deceased, but related a long, story about some former
quarrels amongst the ditlererent parties, and that on the present
occasion he was merely acting in his own defence.
The prisoner. Denis 3l•Carthy, told a long incomprehensible
story about some former affrays, in which he and the deceased had
been engaged
Several witnesses were called on behalf of the prisoners. They
could not vary the facts of the case, but spoke to the general hu-
mane character of the prisoners.
The Lon!: CHIEF JI7STICE then proceeded to sum up the
case to the Jury. He said, that the deceased on the night in pies-
tion cane to his death by the means alleged in the indictment there
could be no doubt ; and there could be as little doubt that the two
prisoners, together with the man Bryan, it:dieted those blows. The
glm' ion for the Jury would, therefore, resolved itself to this:—
were the blows inflicted under such circumstances as would consti-
tute the crime of murder. or manslaughter only. Ills lordship
then went through the evidence at great length, and left the ques-
tion of murder or manslaughter to the Jury.
The Jury retired for shout half an hour, and then returned a
verdict of Manslaughter against both the prisoners.

M A NSLAUG !ITER.
Jam Bark.. James Roush, and William Amara*, were in.
dieted for killing and slaying Timothy Driscoll, on the 17th of
March Ism. 'there were three other persons included in the in-
dictment, but they are not in custody ; viz.—Dennis Hayes (the
principal) David Bryant, Ind Cornelius Driscoll, charged as
abettors. . . . .

3lr. Wontner stated, before the prisoners pleaded to the in.
dictment, that the three prisoners at the bar had voluntarily sur-
rendered themselves,
Robert Chapman stated that he is a roperraker in Limehouse,
and on the 17th of March yeast a fight between Dennis Hayes and
Timothy Driscoll, the deceased, which lasted three-gmaters of an
boor. Witness was requested by the deceased to become his
second on the occasion, but he refused to comply. Driscoll
then threw up his hat 55 a signal to combyt, and in the end
a ring was formed, and the fight commenced in the regular way.
Saw the prisoners at the bar there, but el sea rut know that they
took an active part. Melting in the fight appeared to him to be
unfair. After the fight deceased appeared much exhausted.
John Sullivan stated he also was present when Hayes and the
deceased were on opposite sides of the road on the day of the fight.
Deceased said, " there stones my man." and calling to Hayes,
said, " Denny, you are not a man of sour word." Hayes
asked for an explanation, when the deceased said, " I should
like to have the words which were between you and me de-
cided." Hayes replied, "I do not mind yoti. but I always
respected you and your father." Deceased rejoined " That has
nothing to do with it; I'll fight you for 55." Hayes declined
saying, he would never fight for a bet. Deceased was taken away
by an old shipmate, but he returned in a quarter of an hour. and
offered to tight for 51. Hayes said that place where they stood was
not a proper one to tight in: and the parties withdrew to the Eel-
pie House fields, when Hoye.' told deceased he would give hint a
gallon of beer not to fight. The prisoners were in the ring, but
witness believed they were only there as spectators. During the
fight the deceased was frequently advised to give in, but refused.
He lived about seven hours after the fight.
Other witnesses, who saw the contest, gave similar testimony.
Mr. Bailey, a surgeon, stated that lie examined the deceased
after his death. Ott opening his head he found four ounces of
blood on the brain, which undoubtedly was the cause of his dew h
it was, indeed, an apoplexy, which either drunkenness or irritation
would produce. Witness was thoroughly of opinion that the de-
ceased did not die from the efficts of external blows or falls.
Mr. Justice PARK here told the Jury that it was his duty to
direct an acquittal; for the principal. acceortling to the evidence of
Mr. Bailey, could not have been convicted, and the prisoners were
mere spectators. It appeared that the unfortunate deceased was a
foolish man, and of a violent temper; and had his antagonist been
convicted, all the sentence he should have passed would have been
a fine of Is. It should be known that those fights were unlawful.
and every one who excited them was as guiltys in the eye of the
law as the combatants themselves: but God forbid that every per.
son who was drawn to those scenes by mere curiosity should be in.
eluded in this responsibility. After making some further remarks
on these illegal contexts, the Learned Judge otdered the prisoners
to be discharged forthwith.

NEW COURT.
SHAMEFUL PROSECUTION.
Thomas Bygsare was indicted for stealing a silver watch and
2F. irrs., the monies and property of Thomas Butterworth.
The prisoner was rctnoved by Habeas Corpus from Bedford gaol.
Mr. C. Pirtr.Lirs appeared for the prosecution.
Thomas Butterworth stated that he lives at St. Neat's in Hun-
tingdonshire, and is a labourer. In July, 11123, he had a silver
watch in his possession (the several defevs arid marks of which he
described). Knows the prisoner at the bar well, and did so in the
year 11133. Was then in cne Squire Wyatt's employment at Ni.
cholas Hill, near Barnet. Witbeirs was allowed to sleep in an out-
house, into which the prisoner came, and requested to lie with him,
but he refused to indulge hint. Witness continued to lie still, and
the prisoner sat against him half an hour, berate he knocked wit-
ness's head against the brick wall, which made him rather to:sen-
sible. He took a purse from his pocket, which contained a cove.
reign and thirty-five shillings. He then would have the watch,
he said, which witness was about to give hint, to save his life, hut
the prisoner ran his finger in the watch fob, and pulled it out, and
left the chain Irehind. Atimher man man came into the hovel, but
he never interfered ; the prisoner did all the business himself.
By ale. Baonr•tnctc—tit'tta quite sure it was the prisoner who
came into the shed, for it was as light as the blessed moon could
make it. Has not seen the prisoner since until lately. A person
named Warren told him a week before Bedford Assizes that the
prisoner had gut the watch. Warren did not say that this man
had accused his brother and one Walker of horse•stealing. Never
heard any body say that Warren and Walker were to be tried at
the last Bedford Assizes for horse•stealing. Witness admitted that
he prosecuted a man in Hertfordshire at the Winter Assizes of 1023.
Fhe witness prevaricated so much, that Mr. Sergeant Arabin
WAS forced to threaten him with a committal to Nevrgate.
The witness persisted to Mr. BunnEutcr, that he did not
charge that man (Lowe) with the theft for which the prisoner is
indicted.

.....
It, the COURT—Wm sworn in Court at Hertford, and ex-
amined against James Lowe, who was accused of bringing these
men to rob him. _

By Mr. BRODER tcx—Never charged Lowe with stealing the
watch, but he appeared against him as witness. heard that Lowe
was imprisoned for two years in Hertford gaol. Never said, when
giving evidence at Hertford, that the robbery took place in June,
and not in July.
Thos. Warner, examined—Witness saw the prisoner with •
watch, when he more down from the " hay country," and said he
won it of it mountebank at Banter. He afterwards confessed the
robbery to witness in secrecy. and the means lie used to accomplish
ir. II as known the prisoner all his life, and he told of the exploit
at his own house. Ailines% has had a brother prosecuted at Bed-
fonl for horse-stealing. The prisoner solti the watch to his brother
who iv now in Newgare, to be tried for receiving it.
liv Mr. 13110DERICk—Did 'mot know where Butterworth lived
until about three weeks before last Bedford Assizes. When the
prisoner related tlt:' circumstance, witness did not give information
tom Magistrate or a constable. Last Christmas he was at work for
a Mr. Gail' Witness's brother and one Walker were charged, on
the prisoner's accusation, of stealing Mr. huff's home. It was not
until his brother ruts in prison that another brother of witness's
contrived to get this man in prison before the Bedford Assizes.
Two days before they crime na. the prisoner was confined in Bed-
ford g tot on this charge. Butterworth was at the Assizes when
witness's brother was tried. Never saw Butterworth before he
went down to give information against the prisoner. Witness has
been in gaol three times. Was accused of stealing a watch through
the fellow at the bar.

fly Mr. C. Priti.ct Ps—The hill against him was thrown Out.
The prisoner, in Ins defence, said that the chart; • was only
brought against him to prevent his giving evidence against War.
flees brother.
Two Willleg.Cl of respectable appearance proved an alibi, the
prisoner being at work at Biggleswade, weeks before and after the
robbery was said to have been committed.
Mr. Sergeant A na KIS summed tip the evidenee at great length,
VW left It to the Jury to say, from the manner in which the wit-
nesses bad given their evidence, whether there was not reason to
believe the prisoner's stamment, that this was a prosecution to frus-
trate the ends of public justice.
Mr. RUOD7.ItICK said thnt he held In his hand a copy of the
conviction of Lowe, at Hertford, upon the prosecutor's testimony.
on this very charge.
Mr. Sergeant Attain:a said it was, as he suspected, a shameful
prosecution.
The prosecutor applied for his expences: when
Mr. sergeant Aaants told hint ho had a mind at one time to

commit him to Newgate, but he should not do that ; but neither
he nnr Warner should htve a farthing expenses;
The Foreman said the Jury quite concurred in the opinion of the
Conrr.
Mr. Wontner asid that the prisoner's lowlier was in his custody,
as they were both removed front Belt trrl ; the (hard Jury had
thrown out the bill as 10 the brother, but he could not be dt•dharged
until proclamation day, w.less the Court would neuter this you' g
man to be liberated, in they were both included in one writ of
llnheas Corpus.
The Learned Jniscs: unrested to think that they had tirpn ton
long confined &heady, and therefore ordered them to be ltbcra:ed
immediately.