The British Press; or, Morning Literary Advertiser.
London, England, 1808-08-06 00:00:00

YORK ASSIZES.

These Assizes consweaced ou Saturday last.—
The following is the substance of the proceeding
upon the Crown side up to Wednesday night, in-
desire:—

John Robinson, for blinoting at William Marshal,
of ilortifortli—Aequitted.
Joseph Jackson, for picking the pocket of Robert
Brain:mil, at Doncaster fair—Guilty.
Christopher Raper, for being concerned in break-
ing. open a shop at l'liirbke, admitted emieuce
againat ,Ifetcatle and Starely, his associates in the
burglary.
for littering two fagged hills,
with intent to defraud the Wakefield Bank—
Cu:lir—Death.
Williaea Parker, for stealing a piece of lead,
value Is. 6d. from the alum-works at Stow Brow,
in the North Itiding--Gailty.
Jonas Thackray, for a rape ou Amelia Cart-
ledge—No IX! fossil.
Rant* Alan!fiebl, alias Frances, wife of Geo.
Matthews, fur uttering forged Bank of England
Notes—Aegnitted.
William Oils**, for stealing a piece, the property
of Isaac liainisworth—Guilty.
John Bisuichard Stacely, for being concerned
with Thomas Metcalfe and Chris. !taper, in break-
ing (+licit the shop of Thomas Gass, Thirsle, and
stealing a qnantity of ten—Acquitted.
Thomas Metcaye, for being concerned with Raper
and Stacely, as above—Acquitted.

The Alaromkr, —, and the Arorora,
oto Liverpoo!, for thelialtic, are captured and cur-
t...Ll into Cogauhageu.

• 141P-MtgWeeNeiti. ' ."-
court cm kiNGI hi., 11-.ii146/14 OHL t•
Sittings at .117 w Prins &fare Lard Chief Janice
ELLIINDOROUGII, and a Sprcial Jury.
PERAMY.

TIM KING a. THosaas.itataw. .. •
This was an iodic went for perjury, IN which
the Plaintiff pleaded Not Guilty.
The ATTORNNir-G EN KRA I. stated the Case, and •
observed, that the question the Jury hod to try wee,
whether the Defeudailt had been guilty of perjury
or not, in giving evidence as a witness ou an issue
out of the Court of Chuncery, tried in that Court ?
The question was between the Alsignees of the
Defendant and a Mr. Bing, about forelniiils on the
River Thames. The cirvernitances were, that, iii
the year 1783, the late Mr. Mills,:father of the pre-
sent, let the forelands to millers, some of which
leases expired in the year 1797, when Mr. Mills
employed Mr. Burke, au attorney, to lease them as
the former leases expired. Ile let to the' Defendk
ant •270 feet, and Mr. Ring executed the lease;
but, on a survey being taken, there appeared
to have been only 75 feet out of lease, the
remainder being leased to a man of the name of
Spratly. A conference took place, and Nairn
executed a surresider of the lease, in the pra
sense of Mr. Berke and another gentleman.—
After this Nairn became insolvent, and a com-
mission of bankruptcy was taken out against
him ; he returned the lease to his assignees as a
part of his property, and they filed a bill against
Mr. Bing for the possession, in the Court of Chan-
cery, and the Chancellor directed an issue to be
tried in that Court. On the trial of the issue, the
present Defendant swore, that the name signed to
the release was not his writing, but the Jury did
not believe him, and gave a verdict for the Defend-
eat in that cause, ou which account the indictment
was brought.
George Good, managing clerk to Mr. Burke,
produced the record at Nisi Prigs, and the issue
directed by the Lord Chancellor.
A short-hand writer produced notes he had
taken, on the trial of the issue, of the Defendant's
evidence, where lie denied having signed the sur-
render.

Mr. Burke, attorney and agent for Mr. Bing, de-
posed, that lie wrote the surrender on the back of
the lease, and saw the Defendant execute it, and
subscribe his name as a witness to it ; it u as on
the •29th of December, ilia; ; it was in the parlour
of his late house, in Colden-square.—A Mr. Lum-
ley, Mrs. Burke, witness s late wife, and her
mother, Mrs. Sergeant, wereineaent.
Cross-examined by Air. DA NUM.
The necessity for the release was a mistake in the
quantity of let d leased to the Defendant. The
Defendant, in consideration, was to have, repaid
him, by Spratly, whatever money he bad laid out,
which he received, and Mr. Bing promised to let
him have a piece of back land whenever the lease
of it had expired ; witness did not recollect that,
on his former examination, he had said that the re-
lease etas executed on the day it bore date. In the
mouth of October the Assignees of the Defendant
called upon the witness ; he sheaved them the lease
and release ; they said they were advised that the
release was not good against the creditors.—
The Defendant, at that time, did net deny the
writing to be his. A Mr. Hughes bad inquired of
the witness if there was any person except himself
present when the release was signed ? and he an-
swered, that he did not recollect there was any Rer-
un: present. Did not recollect Mr. Cuonibe swiog
ally thing en the subject, and he was positive Mr.
Coornb • never said, that it would have been
better for the witness's character that there had
been a second person present. He did net deny
before the Commissioners of Bankruptcy that
there was any other person present. Did not re-
collect the Defendant's calling on him in the year
1804, in company with a man of the name of Ellis.
He recollected Lawson, one of the Assignees, say-
ing, that he never knew the Defendant to sign his
name, ‘. Thomas," in full, and that he believed the
Defendant had never made the surrender. Wit-
ness asked him, if he meant to charge him with
forgery ? and called a parson in to take down his
reply ; but he denied it was his intention. Witness
told him he did not care what attack the Defendant
might make on his character, for he had been con-
victed of felony. He had heard the Defendant in-
tended to prove an alibi as to the day the release
bore date, the 24th_of December, but he kept a
regular account of the business he did each
day, and it was marked in his book the .219th of
December. He had the release drawn, and the
dates filled up, some days before the Defendant
called to sign it. Mr. Bing had received the rent
ever since the release was given iu consequence of it.
Mr. Josiah John Lumley, surveyor. deposed, he
was present when the Defendant signed the re-
lease at Mr. Burke's house ; what made him par-
ticular was the colouring of the plan attached to
the lease, which occupied his attention, it not be-
ing usual ; and Mr. Burke informed him his sister
had alone it for her amusement. Mrs. Sergeant -
and Mrs. Burke were present.
Cross-arm:timed by Mr. Aaaorr.
Did net swear on the issue that it was executed
,on the 24th of December—was, some stays after
this last trial, met bye gentleman, who told him, it
could not be executed on thefotls—atiswered, that
be did not know why it should not, as about that
time he had been for twelve days successively at
Mr. liiirke's—he generally kept a memorandum
of places that he had been et during the day, but
he dial not see Mr. Burke's mentioned ggth of De-
cember. A Mr. Thurston had told hits, that the
Defendant wrist a funeral on the 24th; does not re-
collect having had any conversation with Mr. Burke,
that the. Defendant intended to prove an alibi on
the isth ; witness brought it to Mr. Burke's recol-
lection that he was present.
Mr. Bing deposed, he remembered Mr. Burke's
telling him, that Mr. Mains, of Wapping, would
give Si u-year for the mill seat, and that he exe-
cuted a lease accordingly to the Defendant ; and
he was afterwards informed that the lease was given
for a greater complement of feet than he was en-
titled to lease ; had %meeting with the Defendant.
who behaved in the most handsome manner, and
offered to give up the lease ; and, on account of his
haulsoine conduct, list promised, that when another
erase expired he should have the preference. and
it was his intention to have kept his promise ;

:Amite had intended him that the Defendant bad
si the release...
I (Mitts Linleiiefficif otthe Stamp Office, de
pyil," that Ai stamp tatilithave i:::u pat on the
release befon-tliielyear 18049 aiith.z duty on stamps
aas then raised.t.st .alr. -. ~,...7
Mr. WitliaiskAsionheei rotni puNic, deposeds
that he had W. em the Dyfendant wrote, and lied o"
doubt but the signature ass his; previous to the
last trial, the Defandairt bad iiski:d him was be Pilo.
peened? he answered.• uss, l!sit he expected he
. %mild." The Defenddnt told him he had better go
to Gravesend, or tome other place, out or the *ay..
. Andrew 'teed deposed, that lee knew the De-
fendant's stritile.T, and had nut a doubt but the
signature to the release sots his ; hod seen hied
sametimestwrite his nume Thus. mid at othors7lo-
- iwfull.
John l)awson, . Richard Francis, flenty Frazer,
Samuel Hedftsway, and —6-- 14•Farlatie, corroLost
rated the evidence of the Last witiicss.

The case ou the par: uP the prosecution
cloktd.

Mr. DA 'mut, Counsel for the Defendant, guide
that if' it could he supposed for a moment that the
case of the Prosecutor was proved, it wshs quite en+
expected by"the Defendent ; it had been held, on
trial of the issue, that the release. was eeecnted
the 44th of December, and he WAS reudy to prove
that it was impossible, as the Defendant could not
have been at Nir. Burke's, he being engaged tha
whole of the day in another direction ; Ms. Lain-
ley's name 'lever was mentioned as a witness, un-
til it was brought into Court on the trial of tbit
issue; Mrs. Sergeant's name had never been men-
timed at that trial, and new was introduced ;
if she was present, uhy not bring her forward ? It
had been said she was sink ; but if they were
tint able to bring her forward, they never ought US
hate mentioned her name. Ile did not know the
character of Mr. Burke, hut he could not think it
was so pure as to authorise him to say that he did
not care for the attack of such a man as the Dr.
fendant. He did not think it probable the De.
fehdant would have executed a relcase without
any compensation. There had been a number of
witnesses brought forward to prove that the signa-
ture to the release was the writing of the Dams&
nut. Ile would produce as many that would say
they believed it was not, and they had never seen
him sign his name, Thomas, in full. The Jury
ought to be cautious before they found a man
guilty of an act that would make him hidecus in
the e‘ es of his fellow men. They would recollect
the I)efeudsut had no interest in giving false evi-
dence. Its whole property was vested is his cre-
ditors, and he could have no interest whatever in it.
Under these considerations. he could not see how
the Jury, under the direction of his Lordship,
could avoid acquitting the Defendant.
Foor witnesses deposed that they had seen the
Defendant write, but never saw him eien Thomas
in full; for which reason they did not.belicve the
signature to be his.
Mr. ATTORNEY-GENEIAL then replied, in a very
able manner.

--.- -----
Lord ELLENBOROLIGH summed up the eridency
with his usual perspicuity, mud the Jury brought
iu their verdict—et:oy.

CHELMIFORD, ESSEX, THURSDAY, ♦UC. 4.
The LORD CHIEF JUSTICE mud the CIIIIMBA•
son of the EICIIEQUER arrived here last night.--
This morning, after the usual ceremonies, they
proceeded to hold the Assizes ; they went to Cotrt
rather late, and very little business was done in.
day. The gaol calendar is very light, there ns
being twenty prisoners, mad the cases, in generals
for trivial offences.

CIVIL SIDE.
Befitre the CHIEF BARON.

WOOD v. WOOILIt.

Mr. GARROW stated that this was an action for
an assault. The Defendant was a person whom nes
tare designed for a labourer, or coal-heater, but
the freaks of foi tittle had taken him from his wire
tural station in life, and would have elevated him
into the rank of a gentlentatt, but fortune could
not work iinpoeiLilitrei; she bad given bins a for.
tune of 1,1001. per armor, and he drove a chariot,
but in a way not like any other man. For instance,
he and his coachman and footman would all set cif
together, amid drive as far as the horses would go,
and then they would all get to some low public-
house, and there, mixing with axe company al
could find they would, drink their -ale, &c. &c. all
jolly together. But even in this low pursuit of
pleasure, the Defendant did not conduct himself
with consistent 'propriety, for he generally drew
upon himself even the anger of those comi.auiev.—
It was so on the present occasion ; for meeting with
the Plaintiff at a public-house, who was a vender
of fish, after a few cups in friendly chat, the Gentle-
man had • mind to shew his reit, and therefore he
mixed some ale with the other's grog. This to Le
sure was rather a free joke, 11411 the fishman
thought it a scaly one, and therefore threatened to
retort it; but the Gendenrca took the red-hot poker
from the fire, and was albout to knock the Plaintiff
down. It appeared, however, that the Constable
of the Parish happened to be of the party, and Ito
being • man of the law, caught the blow, deelerit g
at the seine time lie would not suffer such a istapo.s
to be used, because it was not • latifal way of
knocking • man's brains out. The Defendant
was, therefore, restrained from his intent, and only
nave the Plaintiff a couple of smart blows over the
dead with his fists. It was for this be d.tnianded
damages, not vindictive, hut such as would restrain
the Gt.-adman from bring too violent in future;
if the Jury did not give some damages, they might
depend the Defendant would mount blnecockadea„
and get into a new scrape btfore he had driven a
stage from the saire town.
Only one witness was culled, and he proved an
assault, but al.o that it was prpeded by much
abu.ive language-,on both sides, the Plaintiff hav-
ing repeatedly called** Defendant a beggar."
Mr. Setjemit Snr:rituto, in his address to the
Jury, treated it es a contemptible nation, and not
Smith the consideration of the eretrt.

The Jury found for the Phintitt:::Damages

ciceArr SIDE.
Befcre told ELLIMROROUGH.
eirtokft MK% eitorgrd ustio stealing a young
brown ware, of the value of 44. the property of

Richard Wingfield. It appeared in.tbis oase•that
the mare WKS tanned out withdut shoe', Andy/as
seen in the owner's field, at Billericay, on the
noon of lieducilduj. the •2d of March last.- Bbe•was
Missed °nitre &Jima% of the 311 of Ilarrb, atillitite
pristhier wai seen Vaulter iu theittwn of I lert ford,
near 40 111.1111:14 distturee,--where. he had to attend as
a witness at the Assizes about nine-oluiock on that
morniu •. He there proCurethi farrier to shoe her,
and to dress her shoulder, which was much injured,
sty the • Prisoner said, lir a fall,•but, in the judg-
ment of the farrier, by hard beating with a stick, a
bruise being raised of the size of both his tits. The
'account the Prisoner gave was, that he. had that
morning got the mare in exchange for a chesnut
horse, giving 31. to boot. On the 12th of the same
Mouth he sold the mare to a• publican, of the name
talaoagreed to Kira bitn rd. part of which
be paid Jowl,. At few days niter Spick saw an ad-
verttscutent, describing the man and the mare, and
firm the information the Prisoner had. gneu
WE-procured-his 'apprehension at Saffron Walden.
The l'risonei•stated to. the •constalde. who appre-
hended him, that he had exchanged for the mare
on 'Fburirtlay, the 3d of March, at aboureleven
ateloeli, and that she was shod when he got her.
' The Jury found the Prisoner Gailty--JJeath.
•