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London, England, 1826-07-17 00:00:00

sore world he heti to expect. Ile was at present in prison foe debts
similar to the present ; and under ouch circumstances it was for
she Jnry to say whether they would add to his embarrassments.
The defendant's mother was then called to give evidence, bet ad-
vetoing that she would have' en pay the expellees or the present ac.
tme, it the defence failed, her testimony was rejected.
A verdict for the plat eiff was therefote taken—laminae 101.
Doecuesextt, SA*l (TODAY, JULY IS.
L' ROW N COURT.
Wet. White and James fladstork were indicted for making
Agnate to a smuggling boat, off the Isle of Portland, on the oth
te' April last.
The rianners wee tried under a new clause which had been
eelsow to the fish of his present 3lojesor, fleeing the last Session
of Perliament, and by soh ch it is enaeted, that every intimation
fives to a smuggling boat or newel, tor the purpose of warning it
of shore. shall he deemed a signal.
The case for the l•rown was conducted by Mr. Sergeant ti ti
Alt. tet.wYx, and Mr. Easeitig; whilst 311'. F. WILLIAMS
end Mr. Weto it T conducted the defence.
The owe 14 the ormecution was supported by the evidence of
John Walpole and William Muni, two boatmen belonging to the
Preventive &Mien From their evidence. it appeared that they
were stationed it Chisel Cove, on the Isle of Portland, on the
toirning a the nth A
the
last, and that about two o'clock in the
sr-Awning they observed the prisoners at the bar, Who were natives of
the island, and well known to the witnesses, approaching, and as
trsiti as they observed the witnesses they both whistled. and wit.
en•ex then saw • company of persoga at a distance, with tuba on
their et•ooldere, which they threw down uptin hearing the whistle,
east ran towards the cliff. A small boat was near the men with the
tub., and the me" in her invantly pulled to sea. The tubs were
ticket up by the witnesses ; there were nineteen of them, and they
-contained brandy, rum, and genera.
Upon their crow-examinations the witnesses said that it was light
eflOilgh when they saw the prisoners to make them certain that they
were not mistaken in their persons. When the prisoners whistled,
:bey were about twenty pints distant them the smugglers, and in
advance of them. There were live men in the boat. Witnesses
observed the prisoners, and their clothes were wet. Walpole stated
that it was about half-past one o'clock in the morning, but Thirty
thought it might be two. The tiro said the prisoners whistled at
the some dine, end made the same noise; the other witness thought
WIC whistle was a liAte louder than the other. The prisoners had
im dogs, nor were there any sheep grazing near.
)ir WILLIAMS said he appeared for the prisoner Nnite, and
thought it his dory to point the attention or the Jury particularly
so the language and spirit of the Act of Parliament upon which
Hits conviction was sought to be obtained. It was more loose and
sodefinite,he thoueht, thai any Act of Parliament which Itched ever
sego that affected the li lierty of t lie subject. The Act originally pointed
dstt re6ttelY what a signal meant, and ran thus—any one making
a signal with any light, Mame, smoke, &c. or aiding or abeitirg
any one. But by this new chime it was enacted that any intima-
tion given tba smuggling boat or vessel shat' he deemed a signal,
and any person guilty of such offence may he imprisoned for a pe-
i'mst one exceeding twelve menthe. Now he defied the most learned
andokeriet to and out any word more vogue and indefinite than this
word iv/404Jan. Under such an Act of Parliament, if a Than kw.
• lamed to walk on the Isle of Monate!, so any other part of the
'coast, and a smuggling boat happened to be near, and he
*skilled to his dug, or scolded at his dog, or laughed loud, nay, if a
man was walking with his old grandmother, who chanced to have a
. cough, and she coughed loud (a laugh, in which the Court and Jury
joined), in such a case the onus prahandi would fall on the un-
fortunate won, and in ten eases out of eleven he would have no
means of proving his innocence. Un.ler such an Act or Parlia-
ment no man was safe, and be therefore called upon the Jury.
who were in some measure the protectors of the subject, not to
'sanction by their verdict an experiment which. was now made for
the first time.
Alt. W e tour addressed the Jury on behalf of the other pri-
toner. Ile said Dr. Franklin, who was an honour to human ne-
wt. had written a Yu, well-known story about purchasing a
whistle in his youth, and in after-if:, whenever he beheld any one
expend ton much in the purchase of a bauble. he used to 'say he
paid too dearly for his whistle. Iti this way the Crown de-
sired to make the unfortunate persons pay by a year's im-
prisonment for their whistle. Ile contended, however, that the
evidence was by no means stifficient, especially as the witnesses had
lined in their testimony. The power:of the Crown, and the man-
• err in which it caused Acts of Parliaments to be pawed, were
ally subjects of serious consideration. There were 441 Acts
connected with navigation, and for these they chose to substitute
a single Art ; but for six months after passing one Act, they did
not repel the other, but Lrpt both in force concurrently. As to the.
clauseue upon which the Jury were now called to act, it was mon-
mous. It male it dangerous for any man to walk on the sea coast
in any part of the country where the Crown thought proper to sta.
owl those eentry,the Preventive Water Goan].
/Is. Stawvx replied fur the Crown. Very violent attacks had
been made on the Legislature for pat sing a clause which would in.
elude ever description of signal ; but the Legislature had been
driven to this by the ingenuity with which persons engaged in
smuggling had evaded the laws. Last Assizes the Court had held
thee calling nut ". Off" to a smuggling vessel was not a signal
within the meshing of the Act ; and to remedy that part of the
Act, the clause now in question was added, which it wan the duty
ea the Jury to carry into operation. If the prisoners, however,
could prove that they had been engaged in any honest legal employ.
inent, or that the Jury did not believe that they whistled to warn
off the smuggling boat, they ought to be acquitted. They had not
• attempted, however, to account for their appearance on the cliff at
two o'clock in the morning. His Learned Friend wished the Jury
to suppose they were innocent shepherils,feeding their flocks to that
hour in the morning. But there were no sheep our no doge: The
Learned Counsel then resorted to the farce of .41f a Grandmother.
cut that could not be sepported • bit better than the others: There
were no sheep nor dogs, it scented, but there were nineteen tubs of
brandy, genera, and rum. It mattered not whether the two pri-
soners whistled, or only one, as it was clear they were in company,
out the evidence was that there had been a joint whistle. 'faking
the evidence into their cousideration, he thought the Jury mutt
omelet the prisoners.
The Jury, after • moment's hesitation, returned a verdict of
Not Guilty.
The teamed Judge intpdted if the Jury were convinced that the
two erisemers were together on the cliff ?
The Foreman said they were satisfied of that, but they thought
the evidence was not stifficiont to convict either of the prisoners.
Mr. Justice OASELEE—Gentlemen, it is your verdict, not mine;
but I wish to know whether you think the prisonera were there for
the purpose of warning the smugglers ?
Foreman—As there was a variation of opinion between the wit-
rewen, my Lord, we don't wish to find either guilty. One of the
witnemea said it was at half-past one o'clock, and the other thought
. it was two.
Mr. Justice Geer err—So then, because one witness thought it
• wee half-pest one o'clock, and the other that it might he two, you
don'ethink the marmots whistled to the smuggles at all ?
Foreman-31y Lord, as there tyas a variation of opinion, we
acenitboth.•
A verdict of acquittal was therefore recorded, and the prisoners
were discharged.
CITETINfi AND MAIMING.
Phrehr Goff. • coarse middle-aged woman, was indicted for cut-
ting and maiming Robert Norris, with intent to kill him.
F roe the evidence of Norris it appeared. that several years ago
an enclosure of common land. took place in the pnrish of Stockton,
an this county, and about 2110 acres were reectreil on which the
pone inhahitents of the parish had a right of turhary. it was the
duty of the parish officers to protect thts allotment, and some years
.ago a cottage having been erected on was 410111M/ell at a parish
meeting that it should be pulled down. Notice was given to die
inhabitants that it would be demolished. and on the day named in
toe notice, Norris, who is a Sheriff's officer, accompanied by se-
veral Other poeons.proceeded to the place.with the intention of car-
rying the order of the Vestry Meeting into effect The prisoner,
who lived near the cottage. placed herself in front of It. As Norris
•, advanced, he told her for what purpose hr came; and her answer
was " that she would chop down the first man who approached,"
with a reaping hot k which she held in her hand. Nom: then drew
feral an unleaded pistol, with which he attempted to intimidate the
teeemer, say ing he would blow out the brain: of the first person
she interrupted him in the discharge of hie they ; but the come-
euence of this threat was, that the prisoner ran at him. and made a
.furious drive with the reaping hook, which Norris fortunately es-
. med, and caught the prisoner round the waist, when he found
...I.tartelf robbed in the hip with a knife which she had concealed
it her right hand, and which he had cot before noticed. Norris
tees called out for help, and the ptisoner was secured and the knife
telt. n from her.
At this period of the trial a communication took place between
the Counsel on both sides, the parish officers it Stockton and the
Cesrood Judge, and it was resolved that the prosecution 111101114 110 t
proceed further.
By the direction of the learned Judee, the prisoner was there-
fore acquitted and discharged, finer a feeling and suitable address.
FORGERY.
William Wheatley, a gentlemanlike Inoking man, very respect.
P:.ly dressed, and with his hair powdered, was next placed at the
bar, and the indictment read, charglrg him with forging, uttering,
sad publishing as true, at Weymouth, in this county, a false and
• • smintevfeit indorsement for the payment of 391. 17.. 441., with an
hitent to defraud Jane Luce, widow. Ile was also indicted for
torging an order for the payment of .y. 19:., with intent to de.
• fraud the said Jane Luce.
'fbe prosecutors nut having appeared, the Learned Judge in-
' fennel the Jury that they must acquit the prisoner. He said it
Was not for him to say whether there had been any collusion be-
tween the parties; if there was, it was for his Majesty's Attorney.
General to proceed against them in another place; but their duty
• • was to decide according to the evidence, and no evidence appearieg
' • • against the prisoner, he must be acelLitted.
The Jury, without hesitation., returned a verdict of Not Guihy.
•' ' 'flie prisoner bowed respectfully as he withdrew.
Throe was but one witness in attendance, a person feent the
husse of Lloyd and (hi., of London, to prove that no person of
the name of James Bennett (the name in which the hill of ex-
change was drawn) kept an account with that firm.
We some time ago adverted to the fact that superfine
flour was lower in proportion to other breadstuff's than was
ever before known : but we are told this is the first time in
this state, in which, front motives of economy, flour was
used for horse feed. It ought certainly to be put on record,
that while the manufacturers of Great Britain are suffering
•• for want oLfood, the people of Pennsylvania are feeding
heir horses with flour.—Philadilphie