The British Press; or, Morning Literary Advertiser.
London, England, 1826-08-14 00:00:00

remarkable, that when 1 and Harding parted, it was within five
Minutes of ten o'clock, which was just one minute later than that
letter, according to Nightingale's aceonnt, had been asked for.—
Now. gentlemen, coating your attention to that lac , it would ap-
pear that the letter must have been inquired for, whilst 1 and Mr.
Harding were talking together. But, be that, as it may ill enter.
tained any wish to remain behind, or to make any inquiries of
Such a nature at the Post-office, 1 might have done so, without
presenting myeell to, or overtakine air. !larding, for he had
turned his back, and was going away, but I overtook him. It
was therefore an interview which I brought about, which I might
have avoided ; and if I had any such guilty purposes to answer,
eloubdoe. I should have alarmed him ; but, gentlemen, I had no
loch object in view. tientlemen, as to my saying, that I weut to
the Post.osfice fora letter, which I expected from my father, it is
a mistake. I used no such exert-Asian—there was amsiderable agi-
tation sod confusion at the Police-office at the time ; they qiiestioned
and bullied nit about a letter I had, as they *aid, got inset the Post-
office, which I repeatedly denied, and said. I had no letter, but one
from my father, which 1 bad, iii fact, received by a privitte hand, a
few days before, and which was taken nut of my pocket by die con-
stables. That was the only letter which I had received, and I
ask now why that letter has not been proauced. as I know it to
be in the hand of the prosecutor. That was the only expressioa
I used, and I deeply lament that it should have been as far mis-
taken or mierenreeented. It is probable Met, at such a time,:.l
mtglit have been misunderstood by tine constables. I love that
pony, Gentlemen, under the direction of his Lordship, in your
hands. There are the suggestions which apply to teis part of the
case, and certainly the story told by the Bow-street tonne: ap-
t's-ere (independent of those incaneistencies) not leas singular than
suspicious. Something must be wrong, but whether he was quite
sober, or whether, on coming cut of the Post Office (where bril-
liant gas lights are generally used), anti getting law the dark, be
lint his power of sight, or whether. from the hurl or agita-
tion of the moment, he math! a mistake, as to the person he
lois in search of. are matters far your consideration. It is clear,
from the reasons befote given. that I could not hive been the pee-
r.n who applied at the Post Office; consequent:y, the constable
having lost the real party. deed upon the next man he met, rather
fhanconfess his blunder, and lose his l.r/oulle appointment under
the Ass elation of Bankers, which loss must doubtless follow such
blunder, if it is admitted or ',et:Misled against him. He has
therefore his own interest, character, or station is lite to sustain, by
the nurse he is pursuing. It is no surprise upon time that he 'Mould
germ to all lie ha, before stated, upon this subject. But, Gentle.
men, rime-elixir that you are to judge of his creeliblity, and it is by
the qtaseite of credit due to, acrd not by the positive nature of, his
statement. elate yatt ate to dispase of this question. or, in other woe de,
of my character and existence in society. It is clear (on Ganliner's
own shoring) that tie made a bungling job—sad botch, by not
seizing the right hand' ti the pary, with the letter fn it, which, ac-
ostd in; to his non statement. 'was next and close to him. The land
Itlsyst of lamdo apnea-Cl fn 'amsatment at It. But, in lieu of
ssizi,g the letter, Gatlin. r (marvellous to relate) suffered the
party to rut it him his pocket at-het stupidity ! What unac-
countable ap :thy ! Yet the person Who has so acted, now wishes
to be considered immaculate and infallible. Can you, Gentlemen,
so far surrender your own judgments, Sod sacrifice the life and wel.
tare of one, who, I am proud to say. has hitherto preserved a spot.
los !tweeter ? Now, Gentlemen, with regard to 3lr. John Night-
i-enle, his testimony is but a very feeble, if any, corroboration of
teardiner's, for, observe, that he only heard a peraein ask fur die let-
ter i i eaestion, that Gardiner went outside the winder,. and stood
near esti person who, as Nightingale supposed, had applied for the
letter, but Nightingale does not venture to identity me as that tier-
son, nor did lie see the face of that petson, nor has be attempted to
itnafy 'he voice or dress of the parry, nor can tell,bor many
were at the ot: side of the Mire at the time; so that Nightingale a
testi nine, lip in the whole. affords but a vary trifling additioneo ti e
cee. Tr, n ex to enrich*. it is fit I should make myself known to you.
lam the ..en of an extensive and respectable draper in London, Wito
instructod me. at an earl yl,age, in the habits of honest labour and indult-
or. rind for the last rein years I have resided ID tt e town of Man.
ter. possessing, as I flatter myself, tile ;reel opinion and confidence',
not orly of my Snit and last employers, bat of, a reseectabie circle
of friends. Such, Gentlemen, being my character, such my par. '
suit, antleuch my society. having no wish or want to gratify but
whet l possessed ample means to satisfy, is it to be supposed, thet
ail at mice. I shoaled sacrifice every thing dear to me in life, by en.
gaging in so Noe and infamous a transaction ? Gentlemen, you
will also find front my witnesses, that Gardiner bait given a alit.
talent acceunt of this transaction He has, on diirerent oemaions,
represented that the person applying for the letter paid with his
right hand, received the letter with his right hand, and put it into
his left hand breeches pocket. 'This is quite at variance with his
oubsesuent statements. Both statements can't lie true. If you
Arad him varying and tripping in his evidence, what de-
pendence can be placed upon what he says? These are the ob-
servations that present themselves upon the mite. I shall now
refer you to the evidence which my Counsel will lay before you.
ll•hen you shall have heard my witnesses, I beg you to compare
that statementa with that of Gardiner. Contrast his story with the
proSabilitietia the case, and with the fact of 18e. Ga., which I had
so recently received, being found in my pocket. That single fact is,
I submit, unanswerable and decisive. Item:miter, also, that the
iigor has never been mentioned by either Gardiner or Nightingale,
and bath (if I had been the person) would doubtless have noticed
it. But, Gentlemen, that is rot all ; if the letter had been re-
ceived by me, it must hare been found upon my ?mom. I had not
means of destroying it, or of parting with it, after 1 was seized by a
powerful man, and hurled backwards into the coach. If I liad
thrown the letter out of the coach, it must have been observed
by some of the several persons who were in the street. If I had
done so, why did not Gardiner instantly stop the coach, and
search for it on the spot ? But. fientlemen, it was more conve-
nient to leave it to the chances of his return. The preservation of
the letter was the main object of his mission, and yet he made it
seemlier, one. It was not so dark a night but people in the
street must have seen it, if such a thing had been thrown out—
The bellinan was sent round the town that night and the not
morning, and a large reward was ailed fur the letter. I hare
been able to discover, that three gentlemen were standing near
the coach into which I was forced; that, from curiosity. they
followed the coach to the police-office, and retuned again in the
same direction ; but they neither saw nor heard of any thing of
the tend. There bad been no whirlwind, nor earthquake ; and
if the letter had been dropped, it would have been forthemnine.
Its absence, therefor, forms another powerful objection to Gardi.
ner's evidence ; and shows, by inference, that be must have seized
the wrong person. It Is well known that many persons, of whom
the clerks have no knowledge, go to put letters into the slip, which
is near the delivery window, and that the hourofelosing the Aryls
the busiest period of the day. Gentlemen, whilst I was widi !Hesse..
Fort and Bury, and with Bury and Company, I was two years in
the regular habit of going to the post-office for letters. I had,
therefore, every reason to suttpose, that my person was familiarly
known to all the clerks 14 die post-office. It is not, therefore,
likely, that I should have placed myself in so hazardous a situation.
It would have been perfect madness. Gentlemen, these are all the
observations I have to submit for your consideration. lam sorry
for having trespassed so very much upon your patience; I thank
you,as well as his Lordship, for the very great indulgence which I
have been treated with. Gentlemen, I crave that you will never
forget, that the main question is to be determined upon all the evi-
dence given upon both sides, your caning to your aid such facts
and circumstances as operate upon the evidence fir and against me.
As to the scraps of paper, and other facts that have been raked to-
gether, they are too remote and precarious to add any material
weight to the charge, which, as I have already observed, depends
upon the accuracy f Oarliner, upon whose evidence, I trust, I
hare shown that no reliance can be safely placed. The danger of re-
lying upon the positive evidence of a single witness, even if respect-
able and consistent in all its parts, must be so familiar to his
Lordship's experience as to very:tire no comment but this—that
danger increases in proportion as the character of the witness
sinks, and on the story lacing told rendered improbable, inconsistent,
or contradictory. In the present case, that I submit to be the de-
scription of the testimony upon which you are now called upon to
dispose of my life and character, which are placed in yoer hands.
The following witnesses were then called for the defence :
Daniel Atkins—l am a clerk in the house of Simpson and Cc.
of Manchester. On the 28th of June last, the prisoner, (whom I
have known for some time), Mr. Gow, Mr. Ross, and I, went,
about six o'clock in the evening, to bathe in the Dwell ; upon our
mum w.t called at a public-house kept by 11r. Barge, at Man-
chester, where we had some ale and sandwiches, for which each had
to pay ninepence t Mr. Ross left us before we got to the public-
house the prisoner paid for himself and Mr. flow ; he gave a
sovereign,a and received the change, which he put into his pocket.
e three then walked to the New Exchange Rooms, which are
near the post-office, and remained there until about tweeter-seven
aninutes to ten o'clock, at which time the rooms are usually closed;
we came out, and walked up 21arket.street, and when near
Fountainsttreet, Mr. (low left us; bethie Mr. Cow left us,
the prisoner went into a tobacconist's, and purchased • cigar fur
twopence. After Mr. Gow left us, the prisoner mid I returned to
the Exchange. and I went into another news-room; I then parted
with the prisoner, who went towards St. Antes-square, and had
to pass by the post-office; the prisoner was then smoking the
riga,. I have known the prisoner for nine months, and, as far as
I knew, he has borne a respectable character.
Examined by the Court—'l'he prisoner took the sovereign out
of his purse to pay the reckoning at Mn.i Barge's, and I did not
at the time hear the jingling of money in the purse.
Mr. Walter (low corroborated the evidence of the last witness.
Robert Derbyshire, a police officer, of Salford—l was at 31m.
Barge's when the prisoner and the other young men came in ; 1
siw the change of the sovereign upon the table ; Mrs. Barge's fa.
only are unwell, and she said to me that she was subpoenaed, but
that she could not attend.
Mr. H'illism Harding—l happened to be putting a letter into the
Post Office at Mancheirter, about tire minutes to ten o'clock, when
I saw the poem, net the poet °slice. At that time lie had a
cigar in his mouth.
Mr. Freeline-1 was present when the prisoner watt apprehended
te, d put into the coach. My attention having been excited by the
t•Teametance, I kept my eye upon the coach for some time, but 1
did not
see any paper thrown out at the window.
Cross-examined—I followed the coach for some distance. It
once night- I kept my eye on the coach, and it is probable that
Gave a
elan of Paper had been thrown out of the window I should
it.
Mr. J. Usher, and enother person, who were in company with
tl4 last witness, corroborated his testimony.
Mr. John Dugdale—The prisoner was in my employment 18
vaoohhs, and his hand-writing Is familiar to me ; the papers now
raft."' bear no resemblance to his handwriting • I don't be.
e the writing on those papers to be in a feigned hand ; the prison.
a" thuacter was unexceptionable up to the tune of his apprehen.