The British Press; or, Morning Literary Advertiser.
London, England, 1825-09-24 00:00:00

OLD BAILEY, FiIDAY, Sam 23.

(Before Mr. Justice LITTLE[ AL/ and a Al kidlesex Jury.)
W.
S. Smith was capitally Indicted under Lord Etienborough's
Act, for feloniously cutting and atabbirg Charles Walters, on the
, 16th July last.
The following were the arircumstances of the case, as they ay-
, peered from the evidence of the prosecutor—
Charles Walters examined-1 am landlord of the Three Tuna
public.houne, in Brook-street Holborn, and on the 16th July, I
observed the prisoner at the Ur, in the parluur of my house. There
were other persons in the room at the time, some of whom were
bri:klayers, and thaw wan one labourer in the company. One of
the party trrlide a complaint to me that he had lost his bandker.
chief. At that time the prisoner was lying with his held placed oh
the rim of his hat, apparently asleep. Hearing the complaint, I
went over to the prisoner and roused him, and informed him that a
haridkerchief had been lost, and that he was suspected to have taken
it. I Insisted on having the handkerchief returned. at the same dme
observing, " if I suffered such things to take place in my public.
house, I should lose my slaameter and nobody would frequeet it
in future." Prisoner hearing this, replied, "he hail not gratert.h.."
One of the bricklayers then said the prisoner ~had handed it to a
man in the next box." I immediately insisted On the prisoner's
leaving my house. He moved from one aid of the box to the
other, aid I followed him ; I proceeded to put him nut by force.
Prisoner struck aunt, and I struck at him again. I lifted him ap
to turn him out of the house, and be threw himself on the ground,
where he lay ua his back. All this time I kept hold of hint by the
collar, and he continued to strike at me. Some of the persons pre.
sent cried out, " he's killing you." I then looked and observed
blood running from my arm, and on examination. I tound that 1
bad been s:abbrd in my arm in three several places, but I had not
received any injury elsewhere.
Cross-examined by Mr. BUODEEICIE—I wanted to turn the pri-
soner out, who was nut sober at the time of this occurrence. If weever.
he wat not so tipsy as net to be aware of what he was doing. 1 had
not been playing at " shove halfpenny " with the prisoner that day.
There were some persons playing at that game, but I can't say
that I.joined them. I won't swear that I didn't—l shouldn't like
to per myself. I dare say I may hare drank with the prisoner
that day. 1 believe I did.'
Mr. Bimini Ice contended that it was not possible to convict
the prisoner 'ander Lur.l Ellenboruugb's Act on the evidence now
offered in support of the indictment. It appeared from the testi.
many of the mosecutur, that suspecting the prisoner at the bar of
having emninitted a theft, he attempted to turn him out of the
house, and laid violent hands on him with that intention. In doing
this the prosecutor. had attempted to do what he had no right to
perform because, if be wished the prisoner to be searched or re-
moved from his premises, it was his duty to have sent for a con.
stable for that purpose. His Lordship was aware that in cases of
this nature, where the party who had sustained the injury had corn.
menced the affray in which the wounding took place, the capital
charge could not be established—the fact of such violence on the
part of the prosecutor removing the case out of the purview of the
Act. Even had the prosecutor in the present case been killed in
the scuffle between him and the prisoner, and the latter indicted for
the fact, the Jury must have found him guilty only of man-
slaughter, add not of murder. He humbly submitted that the
principle he had laid down was billy applicable to the present case,
and consequently that the prisoner was entitled to an acquittal.
Mr. Justice LATTLEDALE concurred it the principle sought to
be established by the Learned Counsel, and told the Jury, that if
the prosecutor had been killed, and the prisoner indicted for his
murder, the Jury could have only convicted him of manslaughter ;
but a person who could not be indicted for murder, had death es.
sued front he injuries indicted, could not be considend liable to the
penalties of Lord Ellepborough's Act for cutting and maiming.'
This being. the test of liability to its provisions the Jury would
acquit the prinoner.
Verdict accordingly—Not gadfly.
Edward Rams, William, Crook, Sanwa Crook,
Cul* were put to the bar, charged with stealing a quantity
of the value of lael. -.upset; of Messrs. Waterloo and
on the 12th of
The dram!
Samuel Crook was
appreetice ; nod, on,
from the premise.; a .
them. Shortly after
was discovered that ..._ goods in question ,
the premises of the prosecetors, who are silk-, ...torero. From
the arcuntstancu connecfed -with the case tt appeared that the
persons who had plundered the premises most have been assisted by
some one within, and, suspicion falling upon the prisoner Samuel
Crook, he was taken into custody. 'On the day before the robbery
the prisoner Mason having been seen in the company of Samuel
Crook (the prosecutors' nppren dee), under suspicious circumstances,
he also was apprthend, d, and in his lodgings, In White's.row, the
whole of the stolen property was discovered. The female prisoner
(Gable), who lived with Mason, made her escape at the time of the
search, but Ira afterwards apprehended. Suspicion attached to the
remaining prisoner William Crook, who is the brother of Samuel
Crook, from the fact of his having been discovered concreted in
Mason's room, and tinder the bed, at the time of the search.
Several witnesses gave the prisoners excellent characters.
Mr. Justice LivrattgatE eh/hied the dhcry, *hatband a ver-
dict of goilty against Edwatil Minion and Samuel Crook, and ac-
quitted William Crook and Anne Gable.
The prisoner Marion wets ratkereeepectable young man, anchly
weeping eopfirasly during she progress of the trial, evinced that he
was not accustomed to his present situation.
The female prisoner,, when the verdict was pronottreed, though
it was one of acquittal to her, tell into a passionate tit of weeping,
and appeared to be more effected by the misfortune of her companion
than rejoiced at her own escape. As she was supported out into
the yard her shrieks were audible and particularly affecting.
THE CASE OF IRDERICK WILSON.
It will be it; the recollection of our reorient that the above person
stood indicted at the Imo Sessions as Frielet irk Wilson, alien
Ogilvie, alias Coober,' and Ovalle was acquitted on his trial at the
present &MIMS. There. are, however, two other indietmetts
egalest him, and there being but three or four cases to try, it was
confidently asserted that he would be put on his Wel, and the
Coon became crowded to excess. By elx o'clock the whole of the
Counsel, TlE..:—ltlehars. Adolphus. C. Phillips, Broderick, elm.
I dress, and Law, were in attendance. At the close of the trials.
which follow, expectation was raised to the highest pitch. It was
now nine o'clock, and the Counsel and Recorder consulted for
I some time, when it was resolved that the Jury .should be dia-
-1 charged for the night. The Common Sergeant at this time entered
I the Court, and now It was whispered that the case would be heard
lin the New Court. The July was finally ordered to give their
attendance to-marrow -(this day) at ten o'clock, when the prisoner
will be put upon his trial.
UTTERING COUNTERFEIT COIN.
Samuel Phillips, a Jew lad, was put to the bar on an indictment
the:ging with uttering, on the 3d of August, in the City of Lon-
don, four base pieces of coin, purporting so be for 2e. (lad. each,
pf the lawful coin of the realm, to a tnason awned Bayliss.
•Jury