The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-11 00:00:00

MISS FOOFE.

It is not generally known that a few days before Miss
Foote's benefit at our Theatre, she composed a song, ex-
pressly adapted to her own peculiar situation, and expres-
sive of her gratitude for the reception she met in Dublin.
The music of this little piece was composed by Barrett,
Esq. a gentleman of considerable ability. The interest of
the composition chiefly consists in the circumstances under
which it was written, and will, we have no doubt, be read
with much curiosity. Miss Foote proposed to Mr. Abbott
to play one night gratuitously for the benefit of the Men-
dicky, but the engagements of the company at Cork
prevented that gentleman from availing himself of her
services.

Young Lowe, with Olory, hand in hand,
Had stray 'd about both far and near;
At length they sought some favour'd land,
And found that tavour'd land was here—
Here ! here ! in Erin's beauteous Isle,
Where many hearts are ever found,
To make the drooping mourner smile,
And heal the grief of sorrow's wound.
All hail the Fate that led me here,
The frowns of Fortune to beguile;
This favour'd land my heart can cheer,
For pleasure dwells in Lrin's Irk.
This heart, that late was sad, depress'd,
This face that knew not how to smile,
Shall now with joyous smiles be dresed,
To greet the b'ons of Erin's Isle.
Dublin Freeman"' Journal.

DESTRUCTIVE FIRE.

' Yesterday morning, about three o'clock, the inhabitants of Old-
street and its vicinity were alarmed by the discovery of a destructive
fire, which broke out on the premises of Mr. Robey, an apothecary,
situated at the corner of Anchor-court, Old-street. The tire, it ap-
pears, originated in the lower part of the house, and had communi-
cated to the first floor when it was discovered by a watchman, who
gave the alarm. The only persons in the house at the time were
Robey, his sister, and an infant child, Mrs. Nobey being from
home. A favourite spaniel dog, which slept in Mr. Robey's room,
by his barking and scratching on the bed, awakened his master,
alto on seeing their danger raised his Sister and the child, but the
flames had by that time gained such ascendancy, that their escape
below was rendered impracticable, and, accompanied by the
faithful spaniel, they retreated from the upper .part of the house
along the parapet of the adjoining house, occupied by Mr.
Phillips, • carpenter, through the garret window of which they
forced an entrance. Meanwhile the hte raged below with rode.
scribable fury, and had communicated to the house of Mr. Phillips,
but the exertions of two parish engines prevented the flames from
spreading further on that side. Mr. Robey's house being situated
at the corner of • court. without any other outlet, and inhabited
chiefly by labouring people, their situation. penned up as they
were, within • small compass, was dreadful in the extreme. About
an hour after the discovery of the fire the engines began to arrive,
at which time four houses in the court were on fire, and the inmates
of the court then made a breach in a wall at the end of the court, to
the premises of Dr. Rice, Rector of St. Luke's. through which a
man with an infant in his arms, anti a woman far advaneedin preg-
nancy, escaped without any other covering than a blanket. Three
Wises kept in a stable belonging to Mrs. Howard, a tallow chand.
lee, in the court, being brought to the opening in the wall, which
was less than leur feet in height, are said, by their keeper, to have
crept through it like a dog ; and two other horses also, belonging
to Mr. Blake, a farrier in the court, were taken through the open.
ing. The flames threatening the premises of Mr. Roulton, a cooper.
and Mr. Davies. a distiller, the horses from their stables were also
removed; but the firemen having obtained admission to thereat of
the court, being plentifully supplied with water, the progress of the
deavouring element was effectually checked. About half-past
five o'clock the walls of Mr. Robey's house fell with a dreadful
crash; and Vann, the police-officer, who had been actively engaged,'
and other persons, narrowly escaped being bried in the ruins.
Not a vestige of property from Mr. Robey s, or the other four
' houses, was *eyed, but we are happy to add that no loss of life was
sustained.

Prince Schwartzenburg has transmitted 10/. to Jones, the
tailor, whose house in Old Cavendish-street was de-
stroyed by fire, where three persons were burnt to death.
The l'rince lodged at his house, and made his escape
through the drawing-room window. The Prince's mother
was burnt to death at Paris a few years since.

DiZADJUL ACCIDZNTII.-011 Tueschey evening a gen-
tleman dismounted from his horse in Portland-place, and gave it to
be held by a boy on the spot. The gentleman had scarcely entered
the house when the boy mounted the horse, and the animal ran off
at full speed. The boy held by the mane until he reached the
corner of All Soul's Church, when he lost his seat, and, his foot
catching in the stirrup, he was dragged a eonsidernble distance, his
head striking the mind. A gentleman named Valence passing,
observing the perilous situation of the boy, ran from the pavement
and caught the horse by the bridle; but in extricating the lad
the animal struck the boy with his fore foot on the heed, which
dreadfully lacerated it. He was taken to the Middlesex Hospital.
under the protection of Mr. Valence, where every attention was
paid to him, but with little hope of his recovery: —William
White, slater, in the employ of Mr. Johnson, of Paradise-street,
Mary-la-bonne, fell from the scaffold of one of the new houses now
building in Dorset-square, and having struck one of the project-
ing poles in his fall, came to the ground nearly doubled. lie was
immediately conveyed to the Mary-la-bonne infirmary. The child,
being left by the mother to see her husband, was knocked down by
a hackney-coach. but tieing taken to Ale. Baylis, of Charles-
street. the fracture.wu bandaged, and hopes were entertained by
Mr. Baylis, that nothing serious wuuld occur from it.

toME chic Wit

SURREY ASSIZES, Caotoox, Avorst 9.

Before 6.4". Baron GILMAN.
Loafs Catherine .11:Pep., lilted in the calendar tq be 1 I weave
of age, and Loafed 21illing6n, eked l 2 years, were indicted for con-
spiring and confederating together% to set fire to the hours of Jobb
Byng Santee, at St. Mary, Behnnodtey, on the ?let July. to
Another lel a totinti the object of the c,nhpiracy was Alleged to be,
to attempt to sat fire to the house.
The case ess'ejted eitraordinary interest. Thk *fetched pri-
soners were overibehted with grief during the whee of the trial.
They had been in eenfinernent since the 211th of July. -
ttdheraelpr:Tuate.c.aarernyikitnniogenwon. s
A(bwturi.tfsnlwa:alitokistnn, tr(t,,isitaheealippirsairi.deTec.buetotieriiger) stated the cane rot
mondeey. where he employed 50 or 64) childreniswbfallaecttwalreenhyl‘*taShhiel:agetiaßirrileoi
12 and 16 years in embreideriog leer. The care and superuiten-
thence of the children were intrusted to a lady named Allen, and
Mr. Simpson. Theprisonert.st the bar had been apprentices in
the factory. A disinclinatien to do their duty, and td bbby did
Orders given, had been manifested by them an 'eters! occasions.
There was no ground for supposing that the children of the factory
had been improperly treated. Their health and comfort hail been
attended to With the utmost anxiety. It would appear in evidence,
that in thh month of September last, hn attempt had bees made to
set the factory cm lire. The perpetrators of that offence were, how-
ever, not discov'ered until the transaction which was the apbjetet of
' this indictment, tlarly in the morning ci the 21st July, ah 'bete
of fire was given, when Mr. Simpson, guided by a smell a stboke,
went into a cellar under thefactery, multound some combustibles
on tire in a cupboard. The flames sere immediately ehtinguished.
Upon inquiry, no doubt could be entertained that the peisoneti
were the authors of the mischief. The Jrry would heat frbto the
testimony of several witnesses, that the attempt to destrby the
premises was the result of previous med'tation and concert. The
Learned Counsel then detailed the circumstances which he pro-
posed to give in evidence ; but at they are afterwards fully 'opened.
it is unnecessary here to mentinn them. Ile submitted, in point of
law, that the ptieotiert mast Wive intended to htetlitath the
mischief which their acts were eakulated to e et. The object
of this prosecution was solely an example. Ir. Banks had
thought it his duty to justke and th the public ttt touitute this in.
dictn*nt. He had no wish beyond. The desire of libtding up an ex:
11
ample to the other yo'ing persons In his !hetet, ; and when the:
object was attained, the purposes of justice would be Sallitied. if
the Jury should be convinced of their guilt (of t'ehich there bitiil4
be no doubt), their drat;tequired them to any tos by their Per.
diet, and submit the prisoners to the merciful view which.the liistrts
ed Judge would take of their case--a view rhich Mr. Banks wait
most anxious to second.
The following witnesses were then examined
Mary Sweeting.—l work at Mr. Banks's factory, and hare tkiie
so more than a year. The prisoners were apprentices in the factory,
%
the
i month of September last. I was confined to my bed eritti
roily one mottling In that bliltltll, tho prisoners acne to
my bed; Billlnguin asked the if I could keep a secret. I Made no
snorer. She then said., " I Ant going to set the house IA fire teo
night, at seven o'clock." Bioh prisoners said 1110, fohld set the
house on fire. They astiibed as their reason that they wetted to
get away front the factory. they came up Again td niy Ittitteldi
in the evening at seven o'clock ; I was still In hod. They broi he
a candle up, and set it on the table. Tlley said in awth,et rl,
named Christina Slack, and myself', "We are going ttt db "
Christina Slack said, " pray don't ;if you do I'll tell Mart*?
They said, " arty don't ; it is only our fun." I don't knots White
ther they took away the candle or not ;
_I did not knot* that they
were going to do it. I did not afterwards heat that the hobs* had
been set on fire.
Cross-examined by Mr. Anoienua.--'lliere are alittY.iive chit.
diets in the factory ; thei sleep in two rooms. -I ape eine of the
little ones; there are many younger than me; I am thirteet yeses
ord., NVe are employed !n embroidering lace. The pristmers Weri
aqrentleed after ins. It'e go to Work etery morning at hilf-past
wren, and continue till hitlf-psit seen in the evening; we work
only twelve hours a day. When the prisoners told me they Were
going to sit the house on fire I thought ft eat a bit of flint When
we behave ill they befit us with a cane.
Christial Slack.—l opt fifteen years of age. I have *irked tirstti
years next March at Mr. Banks's factory. I remember the last
witness being confined to her bed in September. I remember the
prisoners coming into her room one morning betwbeti eight and
nine o'clock. I was present. They said they wtht going to Set the
house on fire in the women's room. They said that their Object
was to run away. I told them not to do it, for I would tell of them.
In the evening of that day I saw Jeffreys in the work-toorn, about
seven o'clorl. Billington came in. She asked me for a Candle.
She did not get one then, but she did afterwards. I Wept with the
prisoners to a room up stairs. One of them said they rvert going I
to do it. I did not believe they were in earnest them
asked them if they were going to do it. They said they
were. I told them not to do it or I rrestild tell of them.
Both then said they would ndt do it. Then I left the
room. A fire happended that night in the women's room.
Some women's clothes Were burnt. Both pritoners ran awry that
night from the factory, but returned next morning. I tierce
beard them express any dislike to their work. They cothplained
of being too much confined. They never made any parthrulat
complaint. They said they did wilt like the plate; therltould net
stop. I know nothing about the dye in Juty. -
Cross-examined by Mr. Law.—There ale Wine chiltlitti iii
boung as nine years in the factory. They all complained of
eing too hard worked. We hreakfe.st at eight o'clock; pull
have half an hour. We dine at one, and have an hout. Wei
leave off work at half-past seven. There Is a school in the fettory-
Elisabeth Matthews--I came into the factory last 'larch. fin a
Tuesday in July last the prisoner Jeffreys said to me, " I am
going to set the cellar en fire below stairs." !Ellington was
present. I said, "Oh I ate you I" I saw the prisoners again the
the next evening. !Ellington wanted Jeffreys to do it theft
night. Jefreys said she would do it. Juit on going to bed, be.i
tween eight and nlue o'clock, I asked her if she had done ft. She Said
the had not done it, but that she hail told Billington she had dene its
because she bothered her so. I told Jeffreys I should tell Jane;
the servant, if she did it. She then said she would not do It. I
told her if she did, we should be all blamed for It. 1 slept in the'
same room with Billington. Next morning (Thursday) at a luartet
before six, site it ft the room. I followed her in about five !ninnies.
I went into the kitchen and found her theft. She asked ml to go
down to the warehouse with her for the tinder-box. I went with
her and saw her take the tintler-boi out of the copper-hole, She
bald that the tinder-box had been brought down to do ft the peas'
ceding night. I left the warehouse, which is below die kitchen,
sad went up stairs. When I got into the kitchen. I found het'
tutting a piece of candle, which she lE. Site then said, as she did
not do it last night, she would do it this morning. 61te did not
give any reason why she did not do it the night before. Befort they
told me of their intention to set fire to the house, Jeffreys required
' a promise of me no: to tell. I said, " I wish I may nevet move
if I tell." After Billington bad lit the piece of eanille, I went
into the tambour-room. I saw Billington jttst outside the kitchen
door afterwards. There was nobody with her. I saw Jeffreys go
down the cellar stairs with a piece of lighted candle. She took it
from Billington. She had an extinguisher in one hand, which obit'
held over the flatne of the candle in the othet, but try as not to pot it
lint. It was day-light at this time. An alarm of fire Au soon af.
eerwards give*. The apprentices had no business in the eater. I •
met a girl named Susan Ilavlock going to the warehouse fors pithy'
of soap to wash herself. Jeffreys had the candle in her hand at that,
dine I site told Ilaylock that there was no soap in the tvarehotiss I
but there was some in the tambour-room. I atterwatds found two
'pieces of soap in the warehouse. When I got into the tambour.
Loom a smotitet of smoke came up the shutters. I saw Miss Allan
and Mr. Simpson go do -o stairs, and in about five minutes after.
wards I saw Jeffreys. I went to the cellar door and saw Mr. gimp- •
son putting out a fire. The warehouse Is the adjoining plate to the
cellar, which was open. It is not used for airy purpose but keeping
lumber. During the two years I have been at Mr. Banks's I have
not been comfortable. I don't like to be there for the vietual3, lola
being beaten. I have not too much work.
Cross-examined... The cellar is under the house. The dolt i•
boarding. I was frightened when I saw the smoke.
Caroline Bishop.—l am going on fourteen years of age, and halfe
been at Mr. Banks's a year and a half. Jeffreys did not sleep in
my room. In July last, the night before the fire, I saw Jeffreys In
my room. I heard hex say that she wished 31r. Simpeon would ewe
out. She left the room and went down strjot, cad came back With
a candle. She then went with it into the next room, in Which she
slept, and returned to my room, and remained walking about • long
while, but said nothing. About half an hour afterwards she went
to her own room. It was then about ten minutes past nine.
Charlotte Williams-1 am 14 years of age, and have beta in the
factory two years. I remember seeing Jeffreys is the garret about
half-past eight in the morning before the the. She-called me Aide
and said she world set the house on fire. She said, she thought
she should dolt that night. At dinner time I asked het if she
itiaogbt she would do It, and she said, Yes, I think 1 shall. I
then went from her, hut did not asp any thing. After we hod doh(
work that evening I told her not to do it. and she tiaid she did not
think she would. I did not tell any body, bream before she told
use she made me say, I wish I may utter move if I told. Nett
morning I got up at six o'clock. and want down into the Wash.
house to wash myself. When ; got, deans I saw both prisoners.
They said it was no use my comitag to wash there, for there was no
soap. I then went into the yard, and whilst I was there, I saw
some smoke coming out of the shutters of the tamboor.mom, whirl,
is over the cellar. Soon after I saw Billington coma test of the
kitchen into the yard, and she said she thought it Was only duet.
Immediately after this the alarm was given, and Mr. Simpson vent
into the cellar. At the time Jeffleys told me of her Intentions she
told me that she caused the fire which took place Pr":"Piember.
Croes.ezantined—Five women work in the facesej, and sixty-five
atUldren. a
Mr. Francis Shnloson-1 am oupetintendant of the taosecutoret
manufactory. There are sixty-three or sixty-four children now la
the factory. The e" - - ' -s called , 't tier,f Ing
5, tali
seders being to get t. W'
morn about a quarter
I heard some of th

fire:l perce irea
way as quick as r
cellar I met Jeff
in the cellar," or
the cellar. It had

There ii not a

dresser. %Ten
• cupboard. The
barrel which had
board, which is
had been dipped
ignited. Mae
bad been smeared

staves had been ,
premises, and It

he children are always called at half.l est flirt,bw
utTrhteet !Item
children
smoke and small of
red myself that there was a smoke, and mad* my
nwtaWarsnhianegn liorcathunel 2oldetniculrit
s posilblc to the basement story. In my way to the
t
ffreys, and she said, .Mr. Sitopson, there It a dos
ottlrroee owe' ilky"B theretehia'e
nr " the teller is on fire." I went into what Is calk*.
had been a kitchen. The floor Is trail, decayed* •
vestige of a board In It eacqt what Is under dal
, I got in, I perceived Lthe. It was on the shelf
'he door was open. Than we two staves, dr $ •
tt contained tar, laid up srafthat tht lsack of the cull*
• brick wall. Underticarh were stone rap wk r
in tar, and they were en are. The elan. MA
t. were two shelves In the cupboard, see of Wider'
ed ore? with coal tar. The caiA from wt '
taken, had been these Wore. Mt. Basks unit lb.;
it had tumbled to Oral, and spilt all the tar trail

,

irJ ,

Ib foot. Ai .I_,bad...zetwayed 4e sravcri. I cried out
"Ikea. this has bet* eione on purpose, and I'll won /Lind out,'
n." Jell:eys, at this **arm brought a bowl of water,
Set It for tbe tier r. end. said. " Herc's some Viler, Mr.
0101146 n," and then sent away. I put a little water on the
Ike, ant k inatantly. After breakfast Jeffreys
•nere I was. She tame in cry Mg very
Rpt ,would toll me the truth. 1 Intted;atcly
Ito the factory, and then she p.kl all.
in the place ; she wanted a holy.
... no other motive whatever. I have been st•
the factory since Easter last, but I mean to quit ti
wnn•as .the trial is over. The children work twit:,
think

manner
Sir? No answer.
that you can force him to

-The Itererena wisher not giving me an an.
.acuity. I shall ask him no more questions.
. have been in satisfied by the neighbours, and
statestients made to me. that I did not think It
to go oftener thin twice since my appointment as
1 have beard that Mr. Not:age and other gentlemen have
the f ntory c but I do not know that of my own knowledge.,
isd Alleo—l tun niece of Mr. flanks. I ace how the childeell
d employed. They did get up at six o'clock, in the morning, yid
sacked till half past seven in the evening They have stated tasks,
•,.d it they fet their tasks done before the time appointed, they
leave a 1 tier perhaps leave off at seven in the evening. Tb,y
air: to their no, kin figuring lace. There is • medical man sent far
whenever there is cry thing the matter with them. In general the
ketliftee are rtry healthy.
Ling-onamined—l am ouly came to learn the business; and
i)--erifore I don't know much about the treatment.
- ally the Jury—There to uo Milysley or liall.huiyday allowed the
eighttea.
Tele wan the case fir the prosesu'icn.
—Mr. Apotriits then addicts:xi the Jury on behalf of the pd.
eat,at Jeerers. in • most affecting speech. lie recalled the ahem.,
lion of the Jury to the statement made by his Learned Friend, that i
tier protenution was instituted merely for the tike of example. Two
tato: a, of the tender egos of twelve and tourrm, bad been brought
tree, • prison cell and placed at the bar of justiee_-crying, groats.
fag.sereaming, and tainting, from a sense of their heart-rending
miseries—end this hie the sake of example! Dreadful example
imieed--and salt:pity he trusted it would he, in the disclosure of
these sufferings, to which the helph-sa infers immured in Mr.
Ballies walls were reposed. To all parents, masters of work.
houses, and those who had the care of young children, this case
bald out • terrible example. In the heart of the parish of Bee.
iseadsq, sixty five female children, beginning as low as the age of
nine, were brought up to drudge all the:r infant days, at a trade,
dek+Ctl. according to the prosecutor'. own showing, would be utterly
Waller to them when grown up; for after arriving at maturity, they
Most be left without rea urces, with health broken, and prospects
blighted, fuesatucti, as women. they could lind no employment at
this' baneful trade. In this very factory, according to the evidence,
but tire women found occupation. With what feelings, then. must
're situation r wretched children, who
edit front it? To what
things exist ? Why,
e his bsppiness and
and the blood and
enabled to roll in
..c nuttily yearn past.
attention, and excited
was negro slavery
It had spent some
:ion of the negro'',
such slavery as this
e was perfect Paradise
hapless infants. %Fell
ement allowed them,
Bat what was the
'orking with unremit.
and summer (no dia.,
and retiring, between
oral period of buittincr), and
tended to cramp their limbs,
d lay the weds of prema-
i recollected the distaste
trudgery of the writing.
released him foe a time
,ithout exhilirating his
of these helpless in.
ad but one and a half
being devoted to the
sedentary posture,
thcir bodies ? But
Simpson (who appeared
notion of giving up his
was over) that a cys.
bride. Dud work and
mates. To these tender
'sr exertions, and goad

with
t b

Aintree commenced to-day, Mr. Justice PARK presiding
Prius Court, and Mr. Justice Hummer.; on the Uri-
: cases dispoied of tomlay were all of a very petty nature. and''
of no sort of interest whatever. n
TUESDAY,
CRIMINAL SIDE.
Before Mr. Justice HOLILOYD.
Lueeock, aged 17, was Indicted for having, on 24th July
twin, near Birmingham, stolen six tame rabbits, and a
'•:e property of William Richards.
Rowley deposed that he livid near the house of Wm.
• that early on Sunday morning, the 2itk of last month.
disturbed by a noise; he looked out of his window, and
r Aix persons conic out of a ilia. Cupner's garden, and go
/r. Richards's ; three of them went into Richards's garden,
remained is the road to watt h. He dressed himself, took
called up a neighlwittr, and pursued the persons in the
o, on seeing the witness. whistled and retraway ; witness
overtake them, and on his return he saw the prisoner
boy, who, on seeing him, began to run away. lie
gun at them. and called out to them to stop, or he
: them. As witness approached them, he saw the mi_
something from him ; he went to see what it was, and
t be a live parrot, which was twining slong the ground.
oeprisoner mimeo! hn had thrown it away, but that he had
found it in the road. IVitness then took the prisoner, his corn.
pan'on Andrews, and the parrot to Mr. Richards's. Witness
could not swear that the prisoner was outs of the persons he had
ot of bis window.
Richards deposed that on the Saturday night he left the
the yard with the parrot in it. De was called tip on the,
morning by the last witness, whom he tumid with die pri.
' another boy and the parrot in the yard. The
The cage had been removed from the place *bite
the preceding night, and it was much bent and injur#4.l
found six rabbits gone out of three different pens. He
• seen the rabbits since, hut the parrot he had got with
him. _ to value of the parrot was about 10s. and the cage Gs.
The prisoner, who was a sharp intelligent-looking lad, requested
‘Lordship to ask the witness whether he saw him take the par.
and whether It was not possible that the parrot might get out
by itself?
„ese could not say that the door of the cage was fastened on
-.sturdily night.
l'he prisoner said he was returning home from a party, and that
ie found the parrot in the hedge.
The Learned J ermE, in charging the Jury, observed that
whether the cage had or had not been stolen admitted of some
difficulty ; that it had been removed was clearly proved, but whe-
ther with the intent to steal it, or only for the purpose of getting
I the parrot, was a question for their consideration. A parrot kept for
pleasure only was not such an animal as could be made the subject of
a charge of larceny. This was the case with many other kinds of
animate, for by the Common Law it was not larceny to steal a dog,
but as dogs in many cases were very valuable property, a particular
Act of Parliament had made it larceny to steal them. With re-
gard to the rabbits, the taking of them was felony, and supposing
them to hare been taken at the time the parrot was stolen, although
they were not found on the person of the prisoner, yet if lie were in
company with those who actually stole them he was equally guilty
in the eye of the law.
The Jury found the prisoner guilty of stealing the parrot and
the cege.
John Lawrence and Thomas Taylor, both aged 19 years, were
charged with having on the 26th of July last, at Birmingham,
feloniously stolen from Daniel Powell a puree and two one-pound
none, his property.
Daniel Powell examined—l am a boatman, employed by Messrs
Pickford, at their wharf, at Birmingham. I arrived there with
my boat on the night of the 2Gth July last. I went to seek for a
lodging. As 1 was going by the Ouilett, a young woman looked
I out of a house, and asked me to walk in, which 1 did ; there were
young women in the heuse. I sent for some beer sod we drank
it. I then went to bed. The woman of the house said. " You
hen no call to be alarmed, I shall come to yop presently." I had
wet beet in bed above a quarter of an hour, when up came the two
prisoners. Taylor, the short one, as fierce as a lion, rushed his
hand under the pillow and took my breeches. He put his hand
Into my right-hand pocket, took out a handkerchief and pure,
land anew diem down stairs. During this time, Lawrence was
standing at the foot of the bed. Taylor then gave me my breeches,
and told me to get op, or he would throw n.edown stairs. I had
two one-pound notes and five or six shillings in silver in my purse ;
there was a watch Abend, a key, end a seal, also in it. It was two
o'clock in the morning, when this happened; there was no light in
the room, but what was reflected from the fire below stairs, but I
could swear to the prisoners very confidently. I dressed myself,
the priaonen remaining in the room during the time. When
we all went down stairs; Lawrence then picked up a
It:ktehief, and masked if it were mine; I told him it was. It
was the ',time that Taylor had thrown down stairs. I said nothing
about my purse, but was about Ito put on the handkerchief, when
theytrod me and dragged me out of the house. The woman of
die house came out also, and she and the two prisoners went up the
pullet. I then ran down towards Thomas's-street, where I saw
the night constable, anti told him that I had been robbed. I have
never got my parse since.
Paul Lee, the night constable of Birmingham, examined—The
last witness called on me early in the morning in question, and
gave information that lie had been robbed by two men. I went
wish hiss, and found the two prisoners in another disorderly house,
about 200 yards from the one in which the robbery was committed,
and apprehended them. They were in company with line women.
Powell said, " Those are the two men who robbed me, but
Lawrence gave me my handkerchief again." I asked Lawrence if
he did so, and he said he did. I then took them to prison. I
searched them, but found nothing upon them.
The Coeur —This prisoner is indicted for stealing from the
person, but the evidence goes to show that it was a stealing in the
dwelling-house.
Considerable discussion ensued between Mr. CLARKE. as Coun-
sel for the prosecution, and Mr. li test r it mElr, the prisoners' Court-
' eel upon this point, when his Lordship said he would refer the
question to 'Mr. Justice Park. His Lordship then wrote a note to
the Learned Judge. who gave it as his opinion, that the fact moved
was not a taking from the person. This opinion coinciding with
that of 31r. Justice Holroyd, the Court decided that so far the in.
dictment must faiL
His Loansnie-then summed up the evidence, observing that as
the breeches were separated from the person when the money was
stolen, he was of opinion, that in strictness of law, die prisoners
could not be found guilty to the extent charged in the indictment;
namely, that of stealing from the person. The question, however,
was whether the prisoners or either of them were guilty, of simply
stealing the property, if so they were still liable to be convicted.
The Jury found both the prisoners Guilty of stealing, but not
from the person.
NISI PRIt'S.
Before rile. Justice PARK.
FENNELLS V. MOLT:R.
This was an action brought by the pleintiffs,wlirt arehorse-dealers,
against the defendant, the landlady of theAVarwiek Arms, to
recover damages fox a breach of warranty, on the sale of a horse
by her to theta.
Mr. CLARKE stated the ease to the Jury, as it appeared by the

respecting the terms OTritiliCilrine defetloocotnetroalddifthehotilt. Their
evidence, however, only went to show that they did not hear the
detendant warrant the home ; but they were not vaunt during the
whole of the transaction.
Ths Learned JUDGE shortly addressed the Jury, who return..
ed a verdict forthe plaintiffs—Damages 221. being the value given
by the plaintiffs for the horse.

OXFORD CIRCUIT.
•
MONMOUTB ASSIZES, TUESDAY, Ace 9.
Before Mr. Justice BURROUOII.

CHARGE OF MURDER.
William Thomas, aged 64, was indicted for the wilful murder
of' William Jenkins.
The prisoner was a Welshman, and did not understand the'
English language, and the iodictment and critique were ex-
plained to him as the case proceeded, through the medium of an
Interpreter.
Mr. C. PHILLIPS observed. that it was a case of very serious
importance to the prisoner. The deceased and the prisoner were
both inmates of the poor-house, and on the 13,h of May the de-
ceased, whose age was 28, and who was rather of wesk intellect,
kid just returned from his daily labour. The people in the poor.
!Ouse were4n the habit of bringing fuel into the house, and on
the day in question the deceased brought in a rail, land as the de-
ceased passed to his room with this piece of wood, the prisoner
said, " so you have born stealing wood, have you ? 'Nothing but a
rail will satisfy you." To which the deceased said, " No, Mrs.
Evans gave it to me." The prisoner said, " I havq a great mind
to knock yt UT brains out," on which the decease's mother said,
" get cut of my room, you old murderer," on which the prisoner
snatched up the rail and gave the deceased a blow on the temple,
of which he died in an hour and • half. The prisoner then went'
away, and the deceased's family fastened the door ; but in a few
minutes the prisoner returned and threw the pole on the threshold.
and said, addressing the deceased, who was then seneelees,
you had not have quarrelled with me I valid not hare struck you."
These were the facts. The great question the Jury -would have to
consider was, whether the blow was given in malice or in the heat
of passion ; for If the latter were the case they ought only to find
the prisoner guilty of manslaughter.
Catherine I'homaa said, I live in the poor-house or St. Atelier,
and have done so for five years. The prisoner had lived there as ,
long. There is a passage from the outer door leading to the pri-
soner's room, and also to ours. The deceased, and his mother,
and aunt, lived in a room further on. The people in the poor-
house bring home wood to burn. On the Ith of May the pri-
loner came house from work about eight o'clock. The deceased
came in half an haw afterwards. The prisoner was in my room
then. The prisoner went out of my room ; but I could hear what
passed in the passage. I heard the prisoner say to the deceased,
" thee got a rail to night, Nrill ;" the deceased said, " yes, I've
got a piece; I had it from John Andrews." The prishner then
said, •• you area liar, Andrews did not give it to you,' At this
time they were walking up the passage. The prisoner said,.
" what Johnny Andrews ?" and the deceased " Johnny An-
drews, the son of Thomas Andrews, the semen of Airs. Leans,
of Pynypyl." The prisoner and deceased then went into the de-
ceased's mother's room, and I heard the prisoner say, " Jenkins,
you stole the rail from somebody, and 1 should not care if I gave
you a blow with it."
Mr. Justice BVITROUGH observed, that this was wholly dif-
ferent from the deposition of this witness. A deposition before a
Magistrate hardly ever gave a narrative of a transaction, which was
the only thing wanted.
Examination resumed—The deceased said " take care what you
do to me," and then I heard the blow, and seine one fall. Before
that I beard the deceased's mother say to the prisoner, " get at t
of the room, you old murderer." That was before the blow was
struck—just a moment before. The prisoner then went into the
passage. and I went to Margaret Morgan's (the prisoner's mother's
room.) I saw the deceased on the aloor ; he was like a man dead.
I saw a mark on his temple. His mother and aunt were there.
No one else. -
Mary. Harris, the aunt of die prisoner, a woman in the ex-
treme of age aid decrepitude, said, I remember the deceased
coining in.
The witness appeared almost entirely to have lost her intellects.
could only answer yes; and would sometimes repeat the very words
of the question without answering it.
Mr. C. PIT ILL I PS asked her, how old are you?
Witness—Yes, how old art you ?
• If spoken Welsh •

at Waif a piece i
long, a.._ ,e been tbAtspper r a gate.
Mr. Rimier, a surgeon, said .FlO%. called to attend the deceased.
I exams hip head ; there ink little external mark, and the skin
was IsMisiken; but, on openlog the head after death, I found the
lllimited
1111111nred near the left temple, and a great quantity of blood
on the brain ; there is no doubt that caused his death.
prisoner declined, saying any thing in his defence.
liam Phillips, Esq. a Magistrate, gave the prisoner a good
chniseter, but said he was a very passionate man.
My. Justice Butane:snail captained the distinction in law between
10211111 Cr and manslaughter, and gave it as his decided opinion that
this was a case of manslaughter only, because there was not the
slightest evidence of malice panviously existing in the mind of the
prisoner, nor did the manner of the death at all go to imply it.
Ills Lordship then recapitulated the whole of the evidence.
The Jury having consulted together for about ten minutes re-
turned a verdict of—Guitni of riunolaugitler.
The Learned JUDGE inquired if the prisoner understood Eng-
lish, and was told that lie did, though be could not speak it. his
Lordship complained that the depositions before the Magistrates
had omitted material circums•asces of provocation, and which hail
come out on the trial, and observed that it was a very bad ease of
manslaughter. On account of the great age of die prisoner his
Lordship sentenced him to be imprisoned and kept to hard labour
for two years. . •

....i...
a thellooii.AVinCei eire.li bad-remnant 4e tunas, I cried out
" 1 know this has beta dune on pe.pase, end I'll won and out
who did it." Jell:eys, at thin *ram, brought a bowl of eater, yid it'el 'lei 1.1
wet it On- the dtrsser, end- said, " Here's ;tome 'eater, Mr.
flimpaon," and then went away. Imu a little water on the .
Ire, and it was catiugpialted instantly. After breakfast Jeffreys
same into the pail Our where I was, She tame in crj, nig ver
toll', Duel esid, tie valid tell me the truth. 1 Ininiedi
A the women to belonging to the factory, and then she told all
'edit she ems tired of b.:i1,6 in the Owe ; %he wanttal a holy-
aniiaithakelte had no other motive whatever. I have been Cu. their
joy. the opportunity of diamisring these unhappy infants fro,
Mr • f. cw then addressed the Jury for the other prisonte, at coi
ri r
irtir length, and with great power.
Rene* summed no tiro:lol,e at great length.
serledhe;foutrFfound Lein prisoners Not Guilty. and they were del
nos,
theta tors.
eirMetbers, fey the purpose of being returned again
• . —. --,_-_-
.8f1DIANI) CIRCUIT.
aident of tap rectory sinee Easter last, but I mean to quit the WARWICK ASSIA7i, ll'ahwics, A.:c. 8.
tilloatiate as soon •as the trial is over. The children work twelve --,
w. how* a slay. I don't think there is much to complain of in their These desires commenced to-day, Mr. Justice Feria presitlii
ka aktaftonent, except that Mr. Banks'. brother is too fond of using the at the Nisi l'rius Court, and Mr. Justice tioeuoyn on the CI
..netinnntibeen. I here never seen Mr. Berke himself at the rectory mina! Side.
. . e been there. His brother is .uperintendant OreT me. The eases disnoied of to.dav were all of a very petty nature. at
rlt,
was
ft SCanl-1 have lived at the factory' two years nez partook of no sort of interest whatever.
em and( ahem. I remember the aitrm of fire in Sep. TUESDAY, AUG. 9.
her. in the women** room. ll'ho id it was not found CRI3IINAL SIDE.
ftt till July. In that 'Month I heard both prisoners accuse each Before Mr. Justice HOLIOYD.
k nT. and each denied it, At the same time Jeffreys said that she John Lacrock, aged 17, was Indicted for having, on 24th Ju
.44 erwreed Abe lire in July. The children of the fitztory are well last, at Aston, near Birmingharr, stolen six tame rabbits, and
tn. aatd• I. know of no rause of oompLaint whattirer in their mode piton. the property of William Richards.
ref troatmeot. William Rowley deposed that he livid near the house of WI
Whelk,. Dr.Plarrison—l am well acquainted with Mr. Ranko's Richards • that early on Sunday morning, the 2.ilth of last mom
USI-If y. 1 suit it by the directions of the Alagis,rates at Quarter he was disturbed by a noise; he looked out of his window, at
L I -11Aee viaited it twice sine June, Int. I give Mr. jaw flee or eilt persons come out of a Mr. Cupner's garden, and 1
• _ire stake of my delta. I hove never seen any cause of toward,' 111yRichards'a ; three of them went into Richards's garde
'he the contrary. The children have been ',totem at and two remained is the road to wattb. He dressed himself, to
TEMA. .
I ,
esaurieed by Mr. Atiot.rwtm—l wan appointed visits
littlitt toe twelventopth. I have taken the children spat to con. could not overtake them, arid on his return he saw the prison
k".yhmietr
sn..hoc,aloledn
sceopinaor neitheghwlrtnuesr,s.awndhisponedrsuanedd
rttnhe.upwersonyls
sinitntel
Ilr with them, without other venues bearing what they had to say, sad another boy, who, on seeing him, began to run away. I
It t.l base asked them, and also the prisoners, if they had any levelled his gun at them, and culled out to them to stop, or I
' b mingleitite to make, and they said they hod nut. I have may been would shoot them. As witness approached them, he saw the pi
sillorr to lila factory since my appointment. lam the tether of a loner throw something from him ; he went to see what it was. at
Jan I r oilrialt. . found it to be a live parrot, which was running along the roue
It . Teen being the father of a family and a clergyman ton, I ask The prisoner cottoned hr had thrown it away, but that he hl
whether employing children in the manner which has been found it in the road. IP itness then took the prisoner, his con
prat, Kir twelve boors continuously, it; a proper mode of treat. pinion Andrews, and the parrot to Mr. Richards's. Winn
int ? (With oposidaable beaitation)—They come within the amid not swear that the prisoner was one of the persons he hi
it Parit.towirt. i ?ern out of his window.
• owe. a father, a Clergyman of the Church of England, as a Wm. Richards deposed that on the Saturday night he left t'
ret that Chapel whir* teaches peace, charity, and comp... cage in the yard with the parrot in it. Ile was called up on t
lel von fellow-castors, is that a proper mode car treating these Sunday morning by the last witness, whom he found with the pi
e„Aurooteeboosnaton4 lam not concerned in haei. lower and another boy and the parrot in the yard. The parrot w
A.
• Titre's's. The cage had been removed from the place where
ammo ? Have you the humanity of out left it on the preceding night, and it was much bent and injure
Ooh, / If yew base, 1 ask you upon your ottb whether Witness found siz rabbits gone out of three different pens. I
7t. it las prow mode of treatment fur infants of such tender years to bad never seen the rabbits since, but the parrot he had got wi
fteeP *MG twelve hems at work, and allow them only one hour and him. The value of the parrot was about 10.. and the cage ss.
shelf fee refreshment and repose ?—( With hesitation.) Igo by The prisoner, who was a sharp intelligent.looking lad, request
112 Mermetions, ;tramline taAbo Act of Parliament. his Lordship to ask the witness whether he saw him take the pa
lush a your (m 12100,31 larks thgeufelttsiownshich h:svembueectr: Fit:lot:red. rot, and wehLtyhrulift
?was not possible that the parrot might get
io
Mr. it —l. h are
to Ulu pit as to the witness.
Ale. ADoarotta—My Lord, this is addressed to them, and to tbeffhearday night. cagetpee could not say that the door of the
re,/ step wise keen etc. The witness easy tell us
.what be The ;Prisoner said he was returning home from a party, and di
Maus. he found the parrot in the hedge.
Mr. Arrotrtive—Now, Reverend, Sir, you are the visit* of The Learned Jenne:, in charging the Jury, observed th
this factory. I ask you, is that the treatment—treatment upon whether the cage had or had not been stolen admitted of sot
winch you report favourably ? Conte, Sir, let us hear your difficulty ; that it had been removed was clearly proved, but wk
&Sewer. the: with the intent to steal it, or only for the purpose of genii
Wimess—((heat hesitation.) I can't say; I am not engaged the parrot, was a question fur their consideration. A parrot kept I
as of this kind. * pleasure only was not pitch an animal as could be Made the subject
!r DOLPMUS—What ! can't you ten whether it is proper • charge of larceny. This was the case with many other kinds
t to employ childrea of the tender age of from nine to animals, for by the Common Law it was not larceny to steal a do,
for twelve hours a day, in the manner which' has been but as dogs in many cases were very valuable property, a particui
a,
Awed? Can't you tell ate that, Rev. Sir? No answer. I Act of Parliament had made it larceny to steal them. With 1
Mr. Baron GIAHAII—I don't know that you can force him to gent to the rabbits, the taking of them was felony, and supposit
it give an answer. ihein to hare been taken at the time the parrot was stolen, althoui
Mr. A lonian; r s—The Reverend •Isiter not giving me an an. they were not found on the person of the prisoner, yet if he were
swee is just as astisCit-toty. I shall ask him no more questions. company with thaw who actually stole them he was equally guil
ite-eit,lMined—l hare been so satisfied by the neighbours, and in the eye of the law.
vim eatnmeitt otveoiento made to me. that I did not think it The Jury found the prisoner guilty of stealing the parrot at
namsary to go ofiener thin twice since my appointment as thevgc.
a
P eiNitar. 1 Isere beard Mr. J
that r. Nonage and other gentlemen, have .ha Lawrence and Thomas Taylor, both aged 19 years, we
*sited the futont bat Ido not know that of my own knowledge. charged with having on the 26th of July last, at itinuinghan
felontostaly stolen from Daniel Powell a pu:se and two one-pour
Miss Allen.--I tun niece of Mr. Banks. I ace how the children
we empleyint. They did get up at six o'clock in the morning, sod , notes, his rroperty.
... . .. • ...,..._ ,____ ...-.-A ..-I.- t frani.d Pniffell ovxmin.l-1 am a boatman. employed hr Mesa

- - - --_
doe luercootemplste the situation of :Noe wretcl
alter learning a trade, could derive no be,leiit fn
Ind, and for wheat benefit did this state of thin
to Increase Mr. Banks fortune, to promote h
giliaAVrt, and by the toil, the groans, the tears, a
la/row of these wretchearthildren he might be
his carriage, and enjoy a splendiefort wt. For
du riltat• of warm slavery had engaged the tut:
tiotafaspiahy of the Britith public. But what v
t slut; Ile 4241 r. Adolphot). irl his caily youtli
Beene in the West Indies, and had teen the conditi
but be declared to God he had never heern of yll
saw disclosed is bit native land. Their stare wo
compared with the dismal situation of these haph
lid, well clad, botin. of recreation and anousenit
thaw condition was comparative happiness. B
wretch d contli.ion of these tender intents? Work
tips toil from morning to night, both winter and
tsamioa being made as to the hour of rising and
die dreary season of winter, and the genial period
thia tco, at a trade which necessarily tended to t
destiny the jocund elasticity of youth, and lay tl
tarn debility. Every awn who heard him recoil
which in yoath lie felt log the cramping drudge,
deok, and the untie:nil dinner hour, which releati
tedm she itearintia of bis employment, withou
tysitlm; but whet was the, to the bard slavery of
tams, who, out of thirteen hours and a half. had 1
tont,heir el:Nolte+ meals. the remaining twelve bei
aripmey of their tamhow frames, and this, too, in a
tb.ttbuut change of pottition or exercise, t.) refrt.th I
*pis not all. They had heard trout Mr. Sitar
Ihave a Isom. aid lied expiated his intently
digesting employment as soon as this trial was
tirto.of Bogging existed in this dismal abode.
Iridaa Here the portion of dwee unfortunates,
i is the bash was applied to ttinnilate their ci
tlitast to their slavery. Did cot th• bears bleed 1
.pod yet it was said that this will a prosecution
el4Ple t 1 het was it but a farce aid a mockery
was 'day p eyed off. A hin.riaitsv, forsooth, had
this establisbinent, and report in. state t
. . had the likvorond Fisher diacharged his ea
of f Ateetara se Winn months he bad coot
tory 414011. But bad he wished any b
ulligs of a visite: was to examine pannaudly ipso
those who might be supposed to suffer. TJtia the
had not dune. Did he stomas the children spat
wpantra, to givtt him an account of their dart

Court If she likes. 1, however, will not reserve the point, it being
in my mind so perfectly well ouablished. • • • - •
' Some other witnesses were called, who corroborated the preceding MAICSIOY f
testimony u to the warranty, and also as to the unsoundness of the respectability, 1
horse. gaily detained
' Mr. Sergeant ADAM% matte a few observations oa the evidence„ named Tigou.
and then called two or three witnesses to contradict the statement I Mr. Tights s

It was suggested that if spoken to in the' elsh language she knew,
would tell what she knew. price,
The questions were then put through the interpreter, and the :7;
witness stated that the prisoner asked him where he 'got the rail. any
"
and he said, from John Andrews. The prisoner replied, you stole it
it. The prisoner did nothing, except hit %ti wouldilliam Jenkins until he tared
was down. It was one blow. lie held the stick in both hands, to be I
and struck Jenkins on the left side of the head, and he died in ii thi
, minute. The 'deceased's mother called the prisoner an old mur- dealiw
he (let'
deter, and directly after that the blow was struck. The mother of
the deceased said, he is killed. prices
The rail was produced. It whin piece of wood, about live feet with
lots, and appeared to have been tbsupper rail of a gate. , maim