The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-06 00:00:00

WESTERN CIRCUIT.

WINCHESTER, TUESDAY, JULY 4.
Mr. Justice Littledale and air../ustice Gaselee, escorted by Sir
Chea. H. Rich, Bart., High Sheriff' of the County, and his javelin.
men, arrived here thin eve Ling, and immediately proceeded to the
County Hall, where his Majesty's Commission was opened in the
usual form. The Judges afterwards dined with the very Rev. the
Dean of Winchester.

The calendar Mr this Assize is lighter than it has been for
many years, and contains only the names of fourteen persons, live
of whom are charged with horse.stealing.
In the Nisi Prins Court there are four Special Jury rases. It is
understood that the trial of Captain Fremantle, for an alleged
assault upon a female, at the lodgings of Captain Fitzchirence, in
Portsmouth, will come on during the week, as all the attempts
hitherto made to r ev nt the case from being brought before the
public have proven in ffectual.
Mr. Justice GAsEi.EE, in his address to the Grand Jury,
pointed their attention particularly to this case. The charge, he
observed, was one easily made, and extremely difficult to rebut.
It was their duty, however, to consider the circumstances, and
decide impartially, no matter how respectable the individual might
be to whom such a charge was imputed.
The Judges having attended Divine service at the Cathedral this
morning, repaired to the County Hall at twelve o'clock, when the
Grand Inquest was swom, and business proceeded with.
Mr. Justice GASELEE presided at the Crown Side.
BURGLARY AND ROBBERY.
Thomas Allen W 35 charged with burglariously breaking and en-
tering the house of Letitia Snell, and stealing therefrom lite razors,
a razor-case, two hair-brushes, &c. the property of George Snell.
The prisoner belonged to the Marine Artillery corps, and was
dressed in the undress uniform of the corps.
George Snell is a Lieutenant in the Royal Navy ; resides at
Porten with his mother, Letitia Snell ; was in bed on the night of
the nth May, and was awakened by the breathing of a man. Ile
arose, and upon approaching the window discovered the body of a
im inTtoliecusptorry.nerTrehrisrrtiedsottiehre di id.
quirt',mt n , and a
nd wi demandedt
m....,,thewnh ot
ook
not attempt to account for his conduct, but observed, that he would
rather be dead than return to the tyrannical corps to which lie be-
longed. Upon examination, witness discovered that the window of
his sleepinkroom was open, and that the bars which wete placed

outside the window had been broken away. Thetmoorstke. wile/1
had beCn left on the night preceding on the dforang.taidle, wefs
subsequently found in the area.
George Thorp lived near the last witness; was called
three o'clock in the morning of the 13th filai to ailliat 110
in apprehending a mass who had broken into the beetle
questioned the prisoner, who refused to explain hie conduit. lei
prisoner sari not intoxicated, but appeared very Much eabietele&
anti repeatedly mentioned the dislike he had to the tittles CO
whiek he belonged.
The erirtmer was called upon for his defence, and tint Mn-
self with stating that he was drunk, and had no of
having romtnitted the offence with which he stood charged.
The prisoner was, found guilty of burglary, with intent let ;Mel:
Sentence not passed.
1101tSE•STEALING.
George Frankhom was indicted for stealing a bey peaty, &el
on-petty of Martha Bailey, from the premises of Edliteri FMK eg
Everaley. The prisoner was en itinerant basket-min, and his des-
fence woe, that lie bought the horse from a person he did not know.
The Learned JuniE told the Jury that the question for their
consideration was,whether the possession of the pony was seeker-
unity accounted or; as the law was, that when stolen propel" WWI
Mural in a person's possession, he was presumed to have come talia.
honeatly by it, unless he could satisfactorily acenunt for it.
The Jury, after a few minutes' consultation, acquitted the
prisoner.
(Before Mr. Justice.Lter t.t mice.]
!MALL V. wrnn.
This was an action brought to recover the sum of 401. the par.
chase.money hf a horse sold by the defendant to the plaintiff, =del
a general warranty of aountinesa and freedom from vice.
Mr. MEnetrEaTitrit stated the plaintiff's ease. He said that
both the parties resided near laington, Intl that the plaintiff had
purchased the horse, relying upon the description given of him bt
the deendant, who was a respectable yeoman, and stated that the
horse was Rafe atil sound, and that a child might ride him. In
this description, however, the defendant had practised a grow mid
shameful dec:it, for the horse was proved m have been a most vicious
anti untractable animal. Soon after the purchase he was rode by
.Itr. Saran's SOIL whom he threw, and then ran off. The
was afterwartla mounted by a blacksmith, who was a famous Ver.,
but he also threw this mat, whose linger was seriously hurt. Hawke
thOseciatuaastalaces it wee Srrsotrible to belimether the defeedasit's
'relsillaitatish that the hotter aa ?uict wet erne. Mr. tVebb must
have known, that the anima was restive and ill-tempered. Me
therefore tehmitteft that the J ;fry should ahtw their sense of each d
disgraceful deception, by finding a verdict fur the plaintiff.
George Small (the plaintiff's son) sworn—Went to Wehb's on
th.. 27th January, to purchase the horse, which was brought room
off the common. Witness desired that a saddle should be put en
the horse, and that sonic one should ride him. M. Webb said hit
had no saddle, and witsees desired that the horse should be taken
to the house of a neighbour named Hewit, where a saddle should
he had. No more was said on thiA occasion, but on the next de/
the horse-waa brought to Mr. Small's house, by Cowdrie, a horse-
breaker. The defendant also ctme to witnesi's father's house, end
in his presence Cowdrie said that the horse was safe and sound, and
that P child might ride him. Witness and Cowdrie went out mitt
the horse; and during the ride Crisrdrie told witness that the ban
had been out for four months, and that he was rather queer about
the girths. He also told witness not to mount thishorse intmediatelir
after he was brought out of the liable. «'h.Mwitness and Cowdrik
returned, witness's mother was in the yard, and inquired whether
the horse was quiet ? and Cowdrie answered that he was peered/
quiet, and that. a child might ritle him. The pufettest was then
completed, and the money paid down. On the followingAloodfy
witness took out the horse, and observed the difactlon kiven him
by Cowdrie. He led the horse about two hundred yards, and theta
attempted to mount him, but before he could seat himself the hands
plunged violently, and threw him, and then, run off. Witnam of,
terwards took the horse to a smith flamed Turner, who rees=
accustomed to horses, but was unable to keep his seat use the
in question. He was also taken to a horse-breaker named Lighten,
who hanged him three or four times a day, but also gave him up,
and seen tmable to ride him;
The blacksmith, the hone-hreeker (Turner), and two other wit-
nesses, were called fcir the plaintiff; who earoborated the matinee
of the first witness.
Mr. WILL/AS[9 (with whom was Mr. Carton then addatesed ebe
Jury for the defendant. He said that the evidence did not preys
that the warranty was fake. l'lte horse appeared to be plinyfel end
skittish; bet it did not appear that lie was rickets. Mr. Webbild
not attempt to deceive the plaintiff: he told Min that the hem had
been four mOnths at grass since he was in the hands of the hose.
breaker, and advised that he should have him another week before
Me. Small worked him. The person who had broken the horse or
Mr. Webb would be called, and would pie that the horse wee air
quiet as any honk of his age could be. There cofild be no doubt.
that the accident which was described to have eccutred to prang
Mr. Small arose film his own rhiatnanagement ; be had gireeiedelnir
tight, and then attempted Co ride him. After hearing the v
he (Mr. W.) was confident the Jury 'Mild And for his Matt, who
was not a horse-dealer nor a jockey, but a respectable fanner.
John Cowdrie, the hoeseellealer, was called for the defendant
Ile stated that the horse was brought to him to break, when two
years old. He backed hint on the fifth day. He then burst his
girth', and threw witness, saddle and all. in a month, however,
he delvered him to Mr. Webb as properly broken, and safe for any
gentleman. The home was then put out to grass for a considerable
time, after which he was brought again to witness, who rode
for three weeks, and then returned him as safe.. Su
WM* Wished toad! tile bale: 'aid *Hite* herhini foe six weeks,
put him in good condition. During this period witness's littler
boy rode him, without stirrups. Witness never saw anything vi-
cious about the horse after the first or second day. The bone was
very quiet in every respect. Witnais rode the horse to Mr.
Small's ; before taking him he lunged the horse once, which fie
would have done to any colt who had been out for fear months.
Witness told Mr. Small that the horse was very quiet when regu-
larly worked, but that he hid been at grass for four months. Yesag
' Mr. Small tried the horse's paces, and he went perfectly quiet
whilst lie rode him. 'Witness effused young Mr. Small not ts
girth the horse too tight. Mr. 11-ebb advised Mr. Small, jun. to bet
witness have the horse for a week ; hut Mr. Small raid it was not
necessary, he would ride the horse himself.

Cowaie's boy, and two other witneeses, who had seen Cowdrie
riding the horse, were then called to substantiate his statement
after which Mr. MEREWEATUER replied ; and
Mr. Justice liurrt.Eoat.c, alter recapitulating the evident*,
left the case to the Jury, who returned a verdict for the plaintiii—
Damages, 40!.