The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-29 00:00:00

EAST INDIA REVENUE.

The yearly aceounts of the East India Revenue have
been printed, by order of the House of Commons.
The accounts arc only made up fon the year ended
April 30, 1823 ; but the estimate, which may be taken as
pretty nearly correct, is made up fur the year ended April
30, 1824.
In this last period only a very small part of the expense
of the Burmese war, which began in February, 1824,
can be included ; but it will be seen that the revenue
is not in a state to render any increase of charge de-
sirable.
The net surplus revenue in India was—
In 1820-21 . . - X 1.471.918
1821-2'! . . . 1,916,719
1e22-23 . . . . 2.931,841
and in the year which comprehends two months of the Bur-
tnese war, viz.
In 11123-21 - . .C 908,174.
Even from this small 'surplus the whole of the expenses
in England and interest of debt payable here must be
deducted ; so that a surplus could be scarcely said to exist
in 1 St:3-4.
One great item in the estimated charge of 1823-4,
however, is the redemption, in consequence of the Hy-
derabad transactions, of the pe4heush, or tribute payable
to the Nizrm. The sum it 1,05,10,310 rupees, about a
million sterling.

HOME cacraz
•ILENT ASSIZES, LlAzDsross, JVLY 28.

CROWN SIDE.
Before Mr. Baron GRAHAM.
Injaam French was indicted, on Lord Ellenborough's Aet, for
cutting and maiming Elizabeth, his wife, with a knife, with intent
to kill and murder tier, at Chatham, on the 19th July.
Mr. M AIi9HAM conducted the prosecution. From his state-
ment it appeared, that the prisoner had been frequently afflicted
with menial derangement, and confined at different periods in the
workhouse at Chatham, and at the Asylum at Bethnal-green as a
lunatic, but allowed to come abroad again when apparently re-
stored to sanity. lie had been many years parted trotn his wife,
wha lived as servant at a
,public-house at Chatham. For some
time, previously to the 19th July, she prisoner had been at large,
and on that day h► went to the public house where his wife was,
and whilst she stood at a wash-tub, lie tripped her up. and pulling
a knife out of his pocket, declared his intention of cutting her
legs off, and on the instant he inflicted a dreadful gash on one of
her legs. ller screams brought the master of The . house and others
to her assistance, and she was rescued from farther violence. Two
of the arteries had been cut through, Ind but for the prompt at-
tendance of a surgeon, the unfortunate woman must have died
from the effusion of blood. The prisoner assigned no motive for
his conduct, nor did it appear that he had any. It was suggested
that probably the act was committed in a returning fit of his for.
mer insanity, and in that view his conduit was submitted to the
Judy.
The facts of the case were clearly proved.
The wretched prisoner tell into an epileptic fit whilst in the
dock, and his general appearance denoted unsoundness both of mind
and body.
Mr. Baron GRARAM left the Jury to say whether, under all the
circumstances, the prisoner was of sound mind at the time the
offence was committed, and if they were of opinion that he was not,
directed them to acquit him on that ground.
The Jury 'mm.dtately found the prisoner Not Go;:ty, ob the
ground of insanity, and he was ordered to remain in custody until'
the King's pleasure should be known.
Bansgr, who had been brought from Salisbury gaol by
!labels Corpus, having been convicted at the last Assizes for that
county, and sentenced to fourteen years' transportation for receiving
a horse knowing it to be stolen, was now indicted for stealing a duo
gelding, at Maidstone, on the .2tl of November last, the property of
Henry Floate.
Mr. DOWLIgI3 conducted the prosecution, and Mr. ANDREWS
the defence. _

It appeared in evidence, that in the night of the 22d October
last, the horse was stolen from ajleld Leloagtng to the prosecutor,
a farmer, at Wilton, In Sulam On the 7th of May last it was
traced to the possession of a respectable grocer at hlaidstone, who
hail purchased it of a person named Chittenden, on the 17th of
March. Chittenden stated that he had purchased it of the prisoner
and one Thomas Steadman jointly, at Maidstone, on the 2d of
November last, and paid the prisoner M. 10a. as the price of it,
about three weeks afterwards. On these facts the case for the pro.
aecution rested.

The defence set up was, first, that the prisoner was merely the
innocent agent of Steadman (who is now in confinement in an ad-
joining county, on a charge of horse-stealing) in disposing of the
horn ; and, second, that the horse had been sold to Steadman, at
Marlow fair, on the 24th October, by a man named Sergeant,
who was lately executed in London with Probert, for horse.
stealing.
Two young men from Hounslow were called to prove that they
saw a horse of the description in question in the possession of Ser-
geant, at Marlow fair, on the 24th of October, but there was no
positive evidence of the identity.
Several witnesses gave the prisoner a good character.
Mr. Baron G MIA)/ summed up the evidence for the Jury.
The Jury found the prisoner Guilty.
He vehemently exclaimed against the verdict, and declared that
he was a lost man in consequence of the perjury of some of the
witnesses.

There were three other charges against him of receiving stolen
hones, knowing them to be stolen.

WESTERN CIRCUIT.
DEVONSIIIRE ASSIZES, EIITER, JULY 26.

The Judges arrived here yesterday evening, and having opened
tas the Cotnmton, and attended divine service at the Cathedral,
the business of the Assizes commenced this morning before Mr.
Justice LITTLEDALIC in Intl Civil, and Mr. Justice tJASELEE in
the Crown Court.

CROWN COURT.
A numerous assemblage of Magistrates appeared on the Bench.
Among others we observed Lord Exmouth and Lord Graves, Col.
Pelle*, Sir H. Carew, &e. &c.
The attendance of Grand Jurors was extremely scanty; after
considerable delay and a !lumber of names being called over, the
following Grand Jury was sworn.
Lord Graves H. A. Morehead, Esq.
The lion. P. B. Pellew I W. bangmead, Esq.
Sir H. Carey, Bart. li. T. Treby, Esq.
SirJ. Louis, Bart. B. Rosedew, Esq.
Sir J. Peering, Bart. B. Pulford, Esq.
W. 31. Prsed, Esq. Sergeant H. S. Northeott, Esq.
at Law J. W. Clarke, Esq.
R. H. Tuckfield, Esq. Geo. Carey, Esq.
T. 11. Hayes, Esq. G. W. Salem' Esq.
T. Bewes, Esq. J. B. Creswell, Esq.
Wm. Tucker, Esq. J. Pitman, Esq.
W. H. Symmons, Esq. J. Sillifant, Esq.
Mr. Justice GASELZE then proceeded tOeharge the Grand Jeey
to the following effect :
GENTLEMEN or Tilt GRAND JURY.—The personal expe-
rience I have hail of the very able and satisfactory manner In which
you have discharged your Important duty upon many previous oe-
zasions, renders it quite unnecessary for me to address any general
obeere4lns to you noon those duties with the nature of which you
are already suirtmeully aelueinted. I am:happy, Gentlemen, that
although the present Calendar is sufficiently heavy, yet in point of
numbers and magnitude of offences (with one or two exceptions)
it is lighter than most preceding Calendars which I can for many
years remember in this part of the country. In looking over the
list of offences, I do not perceive any of a nature requiring parti-
cular observation, with the exception of a charge against an indi-
, victual named Richard Baker (No. 23 on the Calendar), for an
' offence of a very serious nature with a child of tender age- It is In-
deed the age of one of the parties who will be a witness before you
that induces me thus particularly to iadvert to this ease. And I
wish to observe (without being aware of the nature of the indict-
ment that will be preferred), that in the event of the age of the fe-
male being described as under ten years, who will have no occasion
to inquire whether or not she was a party consenting to the
commission of the offence, because the law does not recog-
nise the possibility of consent, or admit it as a sufficient plea
or excuse in such a case. If the indictment shall be so laid,
it will then become your duty to consider how far the
witness,from her age and situation, can be considered to understand
tke nature of an oath, and consequently what degree of credibility
may be safely attached to her evidence. You will farther inquire,
Gentlemen, what past of the charge depends upon the testimony
of the prosecutrix, and if it be in any material point corroborated
by the evidence of other individuals. If the age of the female
should not be laid in the indictment as under ten years, then, Gen-
tlemen, 1 have to tell you that the case assumes an aspect entirely
different, and it will be fur you to consider whether the charge is
likely to be sustained by the evidence to be submitted to a Petit
Jury, and from that and other circumstances you are to determine
if it be a proper case fur farther consideration. I have only to add,
while upon this subject, that if you see no likelihood of conviction
from the nature of the proofs laid before you, then it will become
your duty to ignore the bill, as cases of this description should not
be unnecessarily brought before the public. It is not my intro.
tion, Gentlemen, by any observatiOn of mine, to prejudge the ease ,
that will be submitted to you ; I merely repeat, the less publicity
given to cases of this kind, particularly if not fully sustained, the
better. There is a minor case of the same kind, but somewhat dif-
ferent
in the circumstances ; you will consider it also, Gentlemen,
rat the same time holding in view the observations made upon the
other, and which are in some degree applicable to this latter case:
but it is not for me, Gentlemen, to anticipate what may be the de.
eisian you will see fit to come to upon either of those cases. In the ,
remaining cases I do not observe any thing of a peculiar nature, or;
which calls for any farther observation from me. I have only to
request, Gentlemen, that you will lose as little time as possible In
sending down bills, and should any difficulty arise in the course of
the discharge of ;your duty, It will give me great satisfaction to
afford you every assistance in my power towards its removal.
The Grand Jury then retired, and shortly after returned, having
found several true bills, when
Jehe 411iy-urd, aged 23; Steplicto .Cea:rot My, 14; and Mary
FiPtd, 11, were put to the bar, indicted for stealing, on the 10th
at Great Bickerton, in this county, 291. in notes and 51. in
PA, the property of J. Richards.
J. Richards deposed as follows :—On the 10th July I lost 291.
lln notes and 51. in money. 1 kept the cash in a box. I went out
early in the morning, leaving the three prisoners, who were m
servants, in the house. Mary Ford was my apprentice. My wife,
was also from home at the time I have mentioned, and the three,
I prisoners were left alone together in the house. My wife and I
I went out to market. The cash was in a box, and the notes were in
liseeket-book on the tester of the bed. Before I went out in the
dierning I saw the box and pocket-book both safe. The box had
Reloek upon it, but I saw the money in it two or three days before'
missed it. Inside the large box was a small tin one, which con-
tained a seven-shilling anti crown.piece, both presents to my
esughter from her grandfather. The notes were country notes.,
T have never seen them since. I have seen the small tin box seal a'
handkerchief, both which were stolen at the same time. 1 re-
turned home at half-past ten on the night of the robbery. The,
prisoners were gone away, and there was nobody In the house ex-
cept my daughter. I immediately suspected something was wrong,
and, on examination, found my money had been taken away.
Thomas Richards (brother of the last witness)-1 pursued my
brother's servants on being acquainted with the robbery, and found
them on Sunday last at Alburton. Alburton is forty miles from
Great Bickerton. I took them all into custody with the assistance
of a constable named Coles.
James Coles—l am a constable at Alburtnn, and apprehended
the prisoners at the bar at the Swan Inn, ml the day mentioned by
the last witness. On taking !Wilford into custody, I asked him
how he came to rob his master ; and he answered, " It was done,
and could not be undone." I did not make use of any threat or
promiee to induce him to confess. I then asked him what money
he had about him, and he produced a pocket-honk, at the same
time saying, " that is all." I opened, and examined the pocket.
book, which contained 131. in notes. In one of the prisoner's
pockets I found 41- also in notes, and is another 9/. There were
two notes of 31. and two of 2L twit the rest wete 11. notes. 1 also
found on his person 11. 19s. in silver, and a red purse containins

251. also in silver. I rout d a handkerchief anal small box. In
the latter there was a crown-piece. The prisoner said a pert of the
money was his own. I asked him how much of it was his owe,
and he could not tell at first, but afterwards said 4s. Gd. On sea-I
worthy I found a steel purse, containing 31.6 d. in silver. !Notting'
was found on the female prisoner.
The prosecutor being re-called, identified the pocket handkar-
chief, the steel• purse, and small box ; but could not prove the'
!notes to be his property.
The Learned J twat summed tip the evidence, and the Jury
returned a verdict of Guilty against Milfotd and Gesso:thy, and
acquitted 31ary Nord.
At the suggeition of the Co t•wr, the prosecutor agreed to take
the female prisoner again into his SetVlCC—she appearing not to
linveteen deeply implicated in the transaction.
Thonsar Calacott, and John Friendship, were put to the bit!, in.
dieted,. the former with burglariously breaking into tbe house of
James Langbridge, at Great Torrington, on the 3.1 of May, and
stealing therein tour watches. of the value of 4/. nerd the latter with
feloniously receiving one of the said watches, knowing it to be
stolen.

James Langbridge—l am a watchmaker, and reside at Great
Torrington. I generally shut my shop at ten o'clock at night.
At that hour on the 3d of May I shut up my shop, and at twelve
o'clock 1 observed my watches safe in my window. In consequence
of au alarm I gat up at live the•neat morning. and found the shut-
ter taken down, a square of glass taken out, and four watches re-
moved. The shutter had been fastened with a bolt or pin. My shot,
is attached to my dwelling-honse. The watches were silver ; 1
have since seen one of them iu the possession of Saunders, the
constable. I knew Friendship previous to the robbery, but not
the other prisoner. The prisoner Collacot acknowledged he had
committed the robbery in the presence of the magistrate. He said ;
Friendship told him what shutter to remove, and described a patti-
cular place where he would find a hole in the glass. Prisoner ac-
knowledged he did so, and also that he took the watches at one
o'clock in the morning.. Collacot said the watches were concealed
in acm field, and I went and searched, but could not hod them.
He afterwards said Friendship had the watches, except one which
he himself retained and took to pieces. I made Collacot no pro+l
miss or threat of any kind to induce him to confess. There were
thirty or forty watches in the window, from which the four were
stolen. I know of no hole baring been in the window. • 1
William Saunders (constable at Torrington)-1 received a watch
from Serjeant Palmer, of the llth regiment of toot, on the 14th of
June, and have had it in my possession ever since. I now produce
it. I heard Cdllacot'a confession before the magistrate. It was
the same as that stated by prosecutor, but was not taken down WI
writing.
Mr. Justice GASELET—The confession should have been taken
down in writing, and the prisoner waned of the consequences of hisi
admission.

Witness—Friendship acknowledged having received this watch
from the other prisoner, and stated he had left it in the hands of
Sergeant Palmer, at Barnstaple.
James Palmer—l am sergeant in the 11th regiment of foot.
Friendship came to me to enlist in thY 11th, from thomilitia, on the
13th or June, but it turned out his time in the militia did not ez.
pire till the 7th of July. 1 accepted him, and told hint to come
back on the 7th, on pain of being proceeded against as a deserter.
Prisoner then took out the watch, and told me to keep it as a secu-
rity. He farther told me he was in ill health, and if he did not
pass the doctor on the 7th 1 should have it. 1 delivered the saute
watch to the last witness on the 14th ntJune.

Prosecutor recalled—l identity this watch as one of the four
stolen from my shop on the 3d of flay. There is a chain to it,
which is also mine, but it was attached to another of the watches
stolen at the same time, and not to this watch. I consider the
watch to be worth 31. exclusive of the chain and seals.
The prisoner Collacott being called on for his defence, said the
prosecutor took him to a public-house, made him drunk, and by
that means induced him to accuse himself of the robbery, and
plicate the other prisoner (Friendship) in the transaction.
Friendship disclaimed all knowledge of the burglary, and stated
he received the watch from Collacott for the purpose of disposing
of It.

Mr. Justice GARELEE summed up the evidence, and left it to
the Jury to consider how far the prisoner Collacot was guilty of
the burglary, and Friendship of the minor offence laid to his
charge.
The Jury found the prisoner Collacot Guilty of stealing, but Not
Guilty of burglary ; and Friendship Guilty of receiving the pro-
perty knowing it to be stolen.
Mr. Justice GAREirt put it to the Jury, as they had acquitted
Collacot of the burglary, to say whether be was guilty of stealing
property to the amount of 403. in a dwelling-house or not. At the
same time it wu but right to inform the Jury that stealing to the
value of 405.-was equally a capital offence with that of which they
had acquitted the prisoner.
• The Jury, after a short deliberation, found the prisoner Guilty
of stealing to the value of 40s.
The COURT pronounced sentence of trans?ortation for fourteen
years upon Friendship, and recorded judgment of death against
Thomas Murphy and Thomas Magrath were put to the bar,
indicted for a highway robbery on Thomas Nash, on the 30th of
April, in Plymouth.
Thomas Nash—l belong to the Royal Sappers and Miners, and
am stationed at Plymouth. On the evening of the 29th of April
three men came to enlist with me, one of whom shortly after left
us, and the remaining two proposed to ma to go and search after
their companion. I went with them to Castle-street, and not find-
ing him, the other two left me on pretence of finding him. I
waited in the public honse for an hour, and as they did not come, I
went to the Rising Sun, a public house opposite the former, in ex-
pktation they would return. There I saw the two prisoners at the
bar. I pulled out my pocket-book to pay fur a pint of beer I had
ordered, and took out 6d. for thatparpose, leaving 191.8 d. in the
pocket book. I had no conversation with prisoners in the house,
and did not drink with them, but on leaving the house both fol-
' lowed me, and Magrath asked me to go to the Highlanders with
diem, offering to treat me to a pot of beer. I consented. When
we reached the Highlanders the house was shut, and the people
gone to bed. Both prisoners proposed going to another public
house, and we proceeded to New-street. The prisoners wished me
to go up that street, and I did so till we reached Castle Dyke-lane.
I then refused to go any further. I desired them to go in that di-
rection, saying it was the nearest way home to their barracks, and
I would go home to my quarters by the shortest way. They both
said they would not let me-go till I gave them my pocket-
book. I refused to part with it, and the prisoner :Murphy seized
tun by the shoulders, and threw me down. 1 struggled, and had
neatly succeeded in getting up, when Murphy struck me on the
side of the head, and knocked me into the gutter. alagrath then
fell on me, and placing his knee on my breast, and his hand to
my throat, insisted on getting my pocket-book. I refused to give
it, but finding myself nearly done for by his squeezing my throat,
and kneeling on my breast, 1 told him to take it. Magrath said.
" You rascal, give me your pocket-book, or I'll take your life."
I changed my mind, sad would not. lie then said, " You villain
give It me, or I'll murder you directly." I said, " Then take it,
and do'nt take my life." Magrath took the book, and ran away ;
Murphy:stopped for the space of a minute, till somebody ap-
proached, and he made off. I got up, and thought to go the bar-
racks to look for the prisoners. When f came up to the first
sentry, he challenged me, and 1 answered ; the sentry then said,
" I know what you're come about, two of our men have knocked
you down, and robbed you of your pocket-book." I then went
into the barman, and finding the sergeant of the guard, he went
with a file of men to the prisoners' bed-room, where 1 found them
both in bed. They were taken up and confined as soon I made
my charge against them, which they denied. I saw my pocket.
book to-day in the hands of May the constable. It was twenty
minutes from the time the.prisoners took my pocketbook that I
got to the barracks. The sergeant of the room found my pocket- I
book in Matrath's cap, which was under his bed. Notting was
found in the beds. I identified the pocket-book as my own. I
was in the same house, and sat in the same room with prisoners,
but did not drink with them. It was a moonlight night. I met
Mr. Way In Castle.street, and told him I was going home ; we
bid each other good night. There were a few memorandums, a
broken pencil, and 19s. kid. in silver in the pocket-hook when it
was taken. After the men were given in custody, as I was re-
turning from the barracks, I met May the constable, and we went
back to the barracks. Prisoners belong to the Bth regiment of
foot.
By the prisoner Murphy.—l went into the house whoa the mi.
sours were drinking, to have a pint of beer, and see after the two
young men who were going to enlist. I don't recollect seeing the
prisoner in company with Mary Stephens. It was the first time
I ever met him.
Ily the prisoner Magrath.-1 didn't drink three quarts of beer
with the prisoners at the Rising Sun, it was with the two ycung
men who were going to enlist.
The prisoner Magrath—l beg your Lordships will refer to the
prosecutor's deposition, where you will find that he swore at Build-
hall that he drank three quarts of beer in our company.
Mr. Justice OASELEE—I can't find it so stated in the deposi-
sition. Prisoners, do you wish to ask the witness any questions ?
Magratla--It's useless, my Lord ; he'll swear any thing.
The prisoner
he sonesraNwlmureplitn the
y—fie
. itness—l would not swear to you then till day-light.
ainl
Farrell.—l am a private soldier in the Bth, or King's regi-
W barracks.
saidrr aekls. was
not
the
person who robbed
bent. I was on guard at the eastern gate of the citadel between
twelve and two on the night of the 29th April. I saw the prisoner
"
Murphy running from towards Castle-street. I asked " Who's
there ? He aoswered " Me." I asked him what he was doing
out at that late hour. Ile told me Magrath had knocked down a
sapper and robbed him. He farther told me if the sapper came not
to let him in. I made answer—if the sapper didn't come l'd report
it myself as soon as 1 left my post. In about ten minutes or a
quarter of an hour the sapper (prosecutor) came and told inn what
bad happened, and I admitted him. NVhen I came off' sentry, in
about three quarters of an hour, I reported the circumstance to the
officer of the guard. Murphy hail been taken into custody by that
dine, but Magrath hod not. I didn't see him that night.
fil'hauren, examined by the Court—What are you ? I'm
a Presbyterian. ((treat laughter.) I do'nt ask your religion ; what
is your situation in life? I am a sergeant in the Bth regiment. 1
was in the citadel on the night of the 29th April. It was a moon.
light night. Prisoners were in the barracks and answered to their
names at the tattoo, at 8 o'clock that evening._ Between Wand 1,
both came into the barrack-mom. Magrath went to the fire place
and put his heath up the chimney. After rernaii,ing there a few
seconds, he w'rit to bed. Murphy undressed and went to bed like..
wine; RS soon as they were in bed, I ordered a man to bring me a
light, which was done. A sergeant of the guard and a file of men
came in, accompanied by Thomas Nash (the prosecutor), I then
took the candle from the corporal, who had it, and searched about
the chimney end lire place,,but could find nothing. I went over es
M wrath's bed, and on the next bed to his own, where he had un,
dressed, I found a red pocket-book in prisoner's foraging cap, which
,O I took into my possession; with the pocket-book. -Nut morn.'
Ing, Leave the book to May, a constable. There was nothing hi
the pocket-book, but a few papers. Magrath was taken into

'tuatody, and oL being searched, nothieg, except a purse, contaiaisS
a few halfpence and *bad shilling. was found on Illus. Prosecutor
could not identity Murphy, the other prisoner, then.
By the pilsonet Ylagrath.—Nash was tipsy when he name in,
and took hold of me. and said, r I was the man," but as soda el
he saw Magrath, said, it was he that robbed him."
By the pnsoner Murphy.—Prosecutor said -Murphy nas not fhb
Man twice over; he first said he could not identity Murphy senile
undressed, and on the latter'being ordered to dress, he said, 1.40
did not know him at present." Nash *as not so tipsy, bit lie Met,
what I.e was doing and saying.
Richard May—l am a constable in iPlymoeth. .0a the high es?
area 29th of April I met Nash, the prosecutor, about tint
Alining from the eltadeL We returned thither together, Oita lie
I elecused blagratti of having robbed him. which the latter fieutd.
Oa that occasion I received a pocket-book from eerg,....uit Iti•Lua .
which has been ever since in my possession.
Mr. Justice (3ascatt-:-Prisoners, do you's:l36 to put any
don to the witness?
Murphy—lle lib ea by swearing, my Lord. It's useless lam.
!dm anything.
i-- Way—I am a constable at Plymouth. Between Il and 14
is the night of the 29th of April t saw three men to Csatimatrate
knocking at the doors to get drink. I got a light, and sae ifim
phy, filagrath, and • Nash, the prosecutor. I told them it was
very late hour, and requested them to go to their vetmectite time:
ten. They went away together, and were all a little tipsy.
Thomas Nash recalled—This is the pocket-book which *se
stolen from me. My name is in it in my own handwriting. I die
not drink with prisoners, to the best of my knowledge. I drat said
M•Lauren was the man, but I immediately identified Magrath tit
soda es I saw trim. I said I could net swear to Murphy that nigh
bat thought it was bins.
The prisoners being called on fee their slefenc?,
Murphy said the proscutor had been drinking in company with a
female named Mary • Stephens, and brae quite intoxicated. They
afterwards went out all together, and he let Megratli and the pro.,
isseator together in Castle-street, being determined to go horse to
Ids quarters of what night have occurred bet viten Nail) and Ala.
grath afterwards, be profiseed himself completely ignorant. He
had been eleven yews in the regiment, and hit character was never
before questioned. if had witnesses to prove this, but they Were
at a distance, and be had no means to enable him to bring thew
bet.
Magrath—" My Lord, l're been a soldier ever thee I was born
mean I've been born, bred, and brought up in the army all my
life, and my conduct was never doubted during their time. Os the
eight in question I was intoxicated very much, but knew flushing
at all about the crime laid to my charge. I could bring witnestave
so the facts, but that I am in the same situation as my igliow.pri-
!asser in that respect."
Mr. Justice GASELEE recapitidateti the esideqce to the Jury •
also found tile prisoners Not Guilty, on the ground that they had
been all drinking together.
CIVIL SIDE.
Before Mr. Justice LiTTLEDALE Oind Common Juries.
DIsFAiIIATION.
VtiMIVELL V. KNOWLING.
Mr. Sergeant PELL, with whom was dlr. Helmet, stated the
case (o the Jury. This was an action fur defamation. The partial
were individuals in rather humble life, and the wards spoken by
defendant, of which Mr. Nicht-ell complained, imputed to the lat.
ter the offence of having stolen a sheep, the property of a farmer
named Jackman. Under the circumstances of this case, which was
a very short and plain one, he did not feel it to be necessary to the
interests of his client to make any elaborate statement, of trespass
long on the patience of the Jury. He would merely preface his
observations by saying, that defamations were of venous deer:p-
ions, and of a very unequal character ; but of whatever kind they
might be, they were all equally illegal in point of fact, although
the proportion of damages to be apportioned to plaintiffs was a
matter of consideration for a Jury, according to the nature and pe-
culiarity of each particular case. Some cases of slander were of a
mild, and others of an aggravated character, and if in the present
case the words spoken were not of the most grievous kind, they
were at least sufficiently so to inflict an injury, and consequently
sailed for reparation in the shape of damages at the hands of a
Jury. The defendant had not merely assailed his client in a loose
and angry manner, but he had accused him of a grave and 'paid.
eally defined offence. He had not contented himself with a general
charge of dishonesty, but had given point and virulence to the ac-
amation, by naming in express terms the thing supposed to have
been stolen, and the name of the party from whom it was alleged
to have been purloined. Here was net an indefinite and perhaps
ahgry word, such as " thief," applied to the plaintiff, an expres.
don such as an honest man might despise, and a prudent man ores.
look—but a distinct crime, imputed in the most circumstantial and
therefore offensive manner. It would only be necessary for him to
prove the facts, the words spoken, and the circumstances under
which they bad been uttered, to entitle his client to such a verdict
as any honest man upon the Jury would reasonably expect, had he
been charged with the commission of a capital offence in the same
groundless manner as the plaintiff'. He would not trouble then:
with another word, but shortly prove his case, and call upon the
Jerry for damages to the extent of the injury inflicted upon the
plaintiff.
The plaintiff's son proved the utterance of the words complained
eft they were spoken in the presence of his father. Defends:it said
u he had stolen one of Jackman's sheep." •
By the JUDGE—Are these the very words used by the des
fendant ?
Witness—Yes, my Lord.
Mr. Justice LITTLED•LE--.The words were spoken the plea
'ewe of your father, who was the person accused ?
Witness—Yes, my Lord.
Mr. Justice LITTLEDALL—And do you mean to say that wet
the natural mode In which the defendant was likely to express him.
self In the presence of your father—" he stole a sheep ?" Ifs matt
, owed you 101., and you were going to ask-him for payment, what
would you say to him ?
Witnesa—My Lord, I'd my," Please to let me have the money.'',
(Laughter.)
Mr. Justice LITTLEDALE—Yes; but if you wanted to get hits
to acknowledge the debt, would yos say to him, " he owes me 101."
or " you owe me the money."
Witness.—l came to speak about the sheep and not about ffits •
money. (Loud laughter.) Knowling said to my father, " You
stole the sheep, and I'll have you at the bar fur It. •
Several other witnesses spoke to the expressions having been
made use of. It was also proved that the sheep which plaintiff was
accused of stealing had been for a length of time In his possession.
and that he bought it from a man named Adams.
On the cross-examination of some of the witnesses, it was
cited, that the defendant (who was Jackman's servant) had men.
tioned some marks ou the sheep, by which he said he knew it to be
his master's.
Mr. Sergeant WI sot appeared for the defendant, and maintained
that his client was merely acting in the capacity of Jackman's
servant, and, entertaining a strong persuasion the sheep was his
mashes, he was justified in acting as he did, and was not to be held
accountable for what he might hate uttered under circumstances of
surh a peculiar nature.
Mr. Justice LITTLNDALE—The defendant's persuasion is no
justification for having charged the plaintiff with an offence of this
nature.

The Jury found • verdict for the
Costs 40s.

HI/TCHINGS V. TosturWt.
This Was an action brought for damages for injuries sustained by
the plaintiff in consequence of the defendant riding over hits, and.
Itramplins him under his horse's feet on the 15th April last.
The circumstance occurred in the neighbourhood of ilarsettaple.
from the fair holden at which place the plaintiff was returning is
company with two or three other farmers, when he was knocked
down and ridden over by the defendant, who was galloping his
horse at a very rapid rate at the time when the accident happened.
The plaintiff and his companions had carts along with them, voided
were going along the left side of a lane, fourteen feet in width, at
an easy pace, and the plaintiff walking by the aide of one of the
earls, close to the hedge, when the defendant came up galloping at
a hunt's rate, and in endeavouring to pass between the carts and
the hedge, knocked the plaintiff down and rode over him. De.
fendant seeing the injury be had inflicted, rode back and offered the
plaintiff half-a•crown as a compensation, which was not accepted.
Plaintiff walked to his own house, a distance of five utiles from
Banntaple, complaining much of the injuries his had received. He
afterwaids applied to a surgeon, who deposed to the sufferings of
the plaintiff in consequence of the accident.
Verdict for the plaintiff—Damages, dl.: costs, 403.

NU.RTHE RN CIRCUIT.

YORKSHIRE ASSIZES, Yost, JCL?
SLANDER.

When the case of Booth r. Haigh was called on this 'Mating,
all the ladies were ordered out of Court.
Mr. Iltat:ot then opened the pleadings. This was an schist
brought by the plaintiff, a farmer living near Barnsley, against the
defendant, also a farmer, for having charged him with being a
at the town of Barnsley, on the 15th of May last, in the
presence of several persons.
Mr. BROUGHAM.—Bcfore this ease is proceeded with think
It right to say that my chant has sent a letter of apology to the
plaintiff, and also offered to have the may ter of damages, if any were
suffered by him In consequence of the use of mush slanderous words,
left to the arbitration of any one whom the plaintiff might name.
Mr. Scattr.vre—The plaintiff has been much injured and ag.
grieved, and I think that the plea of defendant's being intoxicated
when helloed such coarse and slanderous expressions, is not a auf.
ficient reparation to the plaintiff. One vice cannot be offered as an
excuse for another, and I understand that the defendant war not
drunk at the time. The object of the plaintiff is net money ; and
if a full and passible apology be now made to him, there is an end
of these proceedings. The offence was committed in a large mom.
before a great many persons, and a private letter of apology I cote-
Rider as none. None however was offered until the writ had bee*
sued out, and now if a full, ample, and unequivocal apology be
made we shall accept it. The charge made against the plaintiff
was of a nature which would hang about a man for lite. and the
fullest reparation should be made to him. I believe the fact to be,
that the defendant never really meant to make a fair or full

apology.
Mr. BRO I'GB AM—I do not see how you ran have a inme mita
factory apology than we have already made to you. We have
expressed our regret at making the charge, and it never you'll
have been made at all if it were not for the drunkenness of nip
client,
Mr. Jultice RATT.EY—if your client be conscientiously taut,
and make a public apology, you cannot think that will be giving
the plaintiff too much:
AIIr.FCARLETT—With leave to us to eater upon a verdict whisk
shall carry
Brryaomluottave—Oh, costa! I really think, my Load, CIA
'Juror should be withdrawn; after the apology whittli iry

....+-- - r.. I

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I

•

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..

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4111~1111MailliMMONIIIIIIIINIIIM. - - 4
abasedy made. We have expensed our sorrow for making the
ilia laden I it was only made when the decedent was intoxi-
MIMI t said we Dow say there was no foundation for making the
eberikeletTe—Ymi are only making the matter worse by this
anernpt at apology. Why should we be out of pocket when we
MO have a team t
lit. Justice DAYLTT—DO you mean to make an explicit de-
chration that there was no foundation whateeer for making the
cheese at any time?
W. Hitouttetait—We have apologised, and said that, bUt for
est in:usication of the defendant, he would not have made the im..
petaden, and if it be untrue, whkh we believe, we now agett
Meat that we are spry, for it.
wire*
SCARLETT.--Why you know that this clumsy apology is
wire* than none.
i MC *isogon see—Then, if it is clumsy, it Is my Lord's apology.
I have only repeated his Lordship's words.
Mr. SCAALZTT.-11 beg your pardon t and then )09f manner
shows that your client means notadllcient apology. Make each an
as we can melee, and pay the costa, as between attorney
,:ilrent, and we'll dyne further proceedings.
.. PIP. Bnattonam—Then I'll my what the Court says, and do
you *ant mare than that ? .., '
Mr: Jodie Bair tav—rie manna you know mess much to'
Mr. Broughem,
Mr. Bnottowass--The manner is mine, my Lord, and the apo.
Tory my diert's. He has expressly sent his attorney here to.dsy to
,eJCS ea apology through me, and I really do not tee what more
I eau do.
Mr. 110•11.1??—Yea, you can make a full and public apology,
and the costs, as between attorney mid client.
131101,011 all Why you are now rising in your demand,
you talk of not %lilting for money, and yet now you see you are
stipulating for cots.
Mr.ScAttLetv—l believe therekas been no intention W make
114-linelogy. I believe Wet you want to have the issinuations
esattlesed in circulation, and I shall, theorem► peoceed with my
uses.' The Leateed Gentlemen then • peeseaki - The plaintiff
won a farmer, residing at ilempsall, has, , and on the
,r of May lot went to food the eettli fair h Ikea place.
Dialtd4
l'_ • went to the White Bear-lon' to ire some whom he
' ?Net in the public.room, and where much of the alkilkit business
• *omitted. Shortly Orr be me seated the deamilast Haigh
Owe ins placing himself mar rte plaistill; umilettetrat pertain
gienwes which the plaintiff did we -sod ad-
se significantly towards Booth-J• bias Ma —...-.—"
ft Waal Ibe a —mein ado sammesieges which he
'sou* not repeat ; but which ham tba maim if die action, the
Airy would hoar from thosalleisol*. Tilsit mippremions. having
boomamisicely Deed, the Moinallf ma* litwi AIM .11booliai dawn
*fo arm who need them Is OR swiiim( hia limbihadaa O.
Inoue lest the room, and die pideMadopoted OR latter line of
asadell. No min who felt propoely warmth bismilf or towards
eltalety 'VA to tolerate such a thugs open bin character ; and
thatisZolitillidatti; • most respectable man, would have been
erli•-Ms ion of a sincere and public avowal on
r lie pert or the t, that there never was the slightest
ababow fist en*" so scandalous and so unfounded an impute-
. ad iba dummy of ale. Booth. His Learned Friend bed,
MI that a letter, containing an apology, was sent to the
by the defendant; but from what the Jury saw to.day,
judge of the sincerity of the defendant. The sneers
100 t,,.
ed Counsel formed a pretty good commentary wean
apothei.
lib contained in a private letter, whereas the imputation
wail OM& on several persons in a tap-room, and on a market-
• . Irani npology were ss public as tbe base imputation, it would
'amen hurls mei 4 but that not being the case, Mr. Booth was
tiiefit *dee to himself, to being the defendant before a Court
ii•lesdisv where his vindication would be publicly received by
11111 WON of an impartial Jury. No justification was here put
ale iimail, mid therefore the charge was abandoned; and no such
Mid exist for one moment longer. He knew not
reesegliee imea might feel, but he knew, and he felt strongly,
diettlagre we no terms which men could use in their abuse of
Oil another which ought to be more guarded against than those,
ONO MN so often heard amongst the low and the vulgar, and
-MN* wale so scandalously used by the present defendant. Such
fOlkarkmelee be made, as in this case, against the most innocent
•I1(.4 am moths breath of calumny fastened upon him, he might
be Paillell Ise ever. He asked for no vindictive damages, bat he
ebbed Oa* to be guided by what their earn feelings would be
if mob ea Imputation had been cast upon them. He would call
aelleomeeestimbetantiete the nee he had stated LO them, and he
=r a=nti ha entitled to their verdict. The amount of damages
1100111kar province to assess, and he had no doubt, that
lietslPl:2ald dewhat jus ice required at their hands.
Myth., examined by Mr. AlailDE—l live at Barnsley,
adatelin atlas Bear Inn on the 13th Nay. I know the defendant.
bortibmdl Mom I know the plaintiff, he came to the White Bear
nio**Or **click. I attended in the room where he sat. There
teselelllf In the same room, principally farmers. Ile was
ditne mimes before Haigh the defendant. He went towards
, and took a chair near him, and then puttied him in a rude
Weal ernes. Booth upon that desired him to be a man.
isiremiess
eeplled, "I am not • S--.” He repeatedly. said
so, and Booth again asked for an explanation, and he painted
a: plaintiff and said . Mr. Booth shortly after re- ,
tired from the room, on which the defendant called mit after him
la the same strain. I can't tell how often this foul language was
repeated.
John Hiek-son examined by M. ......s,aILETT.—I was at the
White Bear Inn at the time in questioa. I saw defendant
noes in. I did not know him before. He sat between Booth
and me.- We were talking of fat cattle, and defendant said
to the plaintiff that he and his friend, Taylor, could not
food such things. Defendant used a good deal of gesture
said lam not a .....---, I would not be one. Booth dc.
him to explain himself, when he pointed his dnger towards
mad said (the worth used cannot be stated to the public).
X/fae five or six persons then at the table. Booth seemed
ly exasperated, and then left the room. I did not
defendant to be either drunk or sober, but be seemed to
• he said. The defendant lives near Bernsle7, in the
with the plaintiff. I did not knowplaintiffbefore that day.
are, a fanner,or,
the
know
owe. plaintiff wir:lle, i(tintile:illiev.e
marriedeeltted a
Cr. Tairlore'sn daughteraybyeill'a former ehusbaanotds
.
t farms his own land ; he has two daughters and a son.
mined—l believe Booth to be a wealthy men. lie told
; • - a letter, offering an apology, and saying, the de.
drunk when he made so unfounded a charge against'
whom I know to be a qualified man.
the case for the plaintiff closed.
. Haoussnalt for the defendant observed, that he bad been
by the Attorney in this case to admit in the fullest man-
tle there was no ground whatever for making the imputation
trot the plaintM No each imputation would ever have been
•lt were not that the defendant had been in a state of
.. . Ile now regretted the expressions he had used,
more so, as there was not a shadow of ground to
justify their use. The defendant was io that state
* hen are irritated at trines—when they lose all command
of their tongue and senses, sad are too often reedy to quarrel
zerena for the sake of the quarrel. The character of the plaintiff
now gn out of the Court as clear and as unspotted as it ever
Inaoad as if these imputations had never been east upon it. The
daille was very simple, although an effort was made at the other side
*Mx it up with matters of which sat a tittle of evidence had been
gaud. The truth was, tbe parties, had had •equabble, the defend-
ed* was vexed that his neighbour had not met bim in a friendly man.
he need exprassionstowards him which no man could justify.
en men were ever ready to catch at straws, and do everything
Vaned
y thing but what was right. Drunkenness, however, could
*lwo excuse in this ease, neither, as his Learned Friend had said,
amid it he used here or elsewhere as a defence—it was a crime
eadnat society and good morels, which should on all =anions be
Iliasided ; but still, it wig a very different thing for a man in that
Mester throw out random charges, or make false imputations, to
Ohm it would be if they were thrown out by •• men in his soer
swam Such imputations, if made by a sober man, might obtain
babe and circulation, and work serious injury ; but the same
eleal nut be said of charges made by a drunken man; for no sen-
ding man would believe them, and therefore the damage done
ealseld be considerably less. It made a mighty difference
rallittir a charge was made by • man in his cups, and drunk, and
• man in the.pueseasion of his senses. The Jury should consider
that all -.hese unfounded imputations were made at an ale-house,
*ben all the parties were indulging in liquor, and when perhaps
few d them could akei wards remember a syllable of what was
said, , a who. If they did remember it, would think one jot about
at SW ooreing. Men said foolish things at such moments.
they hap to be punished fur uttering
• 1111!%111C:re of that punishment should not be too
- An el to ler had been made impress the Jury with a
E
that thenrems some malice here operating upon the mind of
Ede
bet • more cock and a bull story to make it out
never heard. Malice, indeed ! It was no such thing ; it was
operating on the beer that prompted such expressions, and
.titet malice, The defendant gnu angry at the crusty manner in
thigh the plaintiff answered him about the fat cattle; and, as
drunken men oftemaid, he give loose to hi, tongue, and said those
clings which he now regretted. There was another attempt made
eashow the malice of the defendant, but for the life and soul of
bfien be (Mr. Brougham) could not imagine by what train of rea-
soning, or by what evidence offered in this Cause, that malice could
ho made out. His Learned Friend had insinuated something about
family jealousy. as operating to produce ill-blood on part of defend.
Jot towsr is plaintiff, but lie (Sl. B.) could not understand bow the
marriso of the defendant's brother to Miss M'A Hiner, whoa mo-
ister was married a aecnntl time to the Taylor alluded to, could be any
maws for the defendant's Indulging in any malice towards the plain.
lie, because of his ridding in the house of the said Mr. Taylor.
ere Vie Learned Otatlenan proceeded to comment upon the pe-
. of the Bond., and the Haighs, and the 111•Allisters and the
sighs, and for velieral minutes kept the whole Court in laughter.
.figme
issrepon of his affected blundering se to the degree of relationship
It. which each of these penile stood tower& the others, could give
.as adequate idea of the effect which it produced, particularly
sat be applied it to ridicule the notion of malice attempted to
emestablished against the plaintiff. The Learned Counsel contended
ti.ere arm no prof of malice in this cane. The character of the
piuntiff was now as clear as it ever had been, and whet more could
/.0 require. The fact was, that the plaintiff's attorney wanted to
fobs • penny of the job. He believed the attorney to be are.,
.apeetable man, but if there wan any truth in what they said at the
other tide, they should have beenconwnted with the public apology
—ere he lest apology offered by the defendant, and natio for •
-verdict whio.h wouldmet money ft, their pockets. No word, what-
teem had li-en Intend d by the defendant, no pain bad been in.
landed ; and he (Mr. Brougham) trusted, under all the cireum.
'taxes of the ease, the Jury would act temperstely in estimating the
.emount of compensation to which they thought the plaintiff
entitled.
Mr. juirtite DP v it.zt left the &meant of damage. to lb* awl- '