The British Press; or, Morning Literary Advertiser.
London, England, 1804-08-20 00:00:00

THOROUGHonots V. TANKrtaLT).

The Plaintiff, a Bailiff, brought his aCtion for an
assault. It appeared, that having a process to serve
nn a coachm:,,n, named Harwood, he went to the
Spotted Dog, in the Strand, kept by the Defendant,
under expectation of seeing the party. On entering
the patliiiir, he enquired if the coachman he was in
search of had stopped there; and being infi)rmed the
man had not been at the house for some time, he re-
quested the landlord would receive a parr. and .1.2-
liver it to Harwood, when he came again, observinr,
it was a law entr, and must be taken care of. The
landlord, ignorant of the document, was fearful of
being involved in responsibility, therefore said,
hD—n the lawyers, and lawyers papers; I'll
ave nothing to do with them." At the same time
he called in two persons to witness that he did not
receive the papers alluded to. The Plaintiff, con-
scious of his own knowledge, called Mr. Tankfield
" A foolish fellow," which being overheard by
Mrs. Tankfield, the Defendant's wife, then in the
bar, she came out, and exclaimed, " What ! do
you call my husband a foolish fellow ? go out of
my house, we have business enough of our own to
mind, without attending to such rip as you." The
Plaintiff refused to go, and loudly vociferated, " I
will do my duty." In consequence of which Mrs.
Tankfield flew in a passion, struck the Plaintiff a
blow on the eye with a handkerchief, and forced
him out of doors.
The evidence for the Plaintiff described the blow
to have been given with the hand ; it did not, how-
ever, appear that any injury had been sustained.
In defence, it was contended that the Plaintiff had
made a disturbance in the Defendant's house. and
that his refusal to go out had occasioned the slight
injury he complained of.
Mr. Serjeant MARSHALL reprobated the Bailiff's
cnndu&, in attempting to serve the process in the
way he had done ; he observed the latter had not
performed his duty in a proper manner, having no
right to disturb the house of any man, by search-
ing it for the purpose of serving him with the pro-
cess of the Court. The Jury gave a verdia for the
Defendant.

YORE ANSIZES.

(Continued front our Paper of Monday last.)

ff.nwsh Mer<hell, the wife of Thomas Marshall'
stood charge i by the Coroner's inquest, with killing
and slaying Grace Ellis.
l here was no Bill found against the Prisoner, but
she was tried upon the Coroner's inquest.
This case was opened by Mr. BUCK, on the part
of the prosecution, with Irian delicacy and feeling
towards the Prisenrr. The ease was simply this :
the Prisoner and her child worked together in a cot-
ton mill at Leeds ; and on the 25tii of April last, the
Prisoner had occasion to call her child from the other
end of the room of the fatiory in which they were
both working, which the child not immediately at-
tending to, the mother in her anger threw a spindle
at the child, which unfortunately stuck in its bead,
and produced an inflammation, that caused its death
in a few days. The case was clearly proved s but
at the same time the Witnesses spoke of the excel.
lent chara.ler of the Prisoner. and of her Alec-non
for h:r children. The Prisoner seemed to be in
great distress at the situation she was in.
The L-arned Judge. after receiving frotn the
Jury th? sc,stence of Gaiitp, said, though it was evi-
dent the Pi isoner had no intention of murdering. or
even materially hurting her child, yet he was bound,
for the sake of pullic example, to pass a sentence
upon h-r, which might in future be of use to parents,
rnd teach them with what sort of weapons, and
how they ought to chastise the it children ; he should
therefore pass a sentence of six months imprisonment
in the Common gaol.

Edeva-d :lira' was indicted for feloniously steal-
ing and taking away three live guinea notes, and
nne guinea note, the property of Joshua Stanford.
Joshua Stanford, innkeeper at Hull, stated, that
t:10 Prisoner came to his house upon the 3th of
June last, about ten o'clock at night, in the com-
pany of two other persons, and carted for a bottle
of wine, and rifler th tt thr.i.: more bottles :—the
Prisoner seemed very snitch intoxicated, and asked
the Vsitness to let him remain at his house all night.
to which he cor.vnted ; and, upon the Prisoner
pulling out his money to pay for the wine, the Wit-
ness said, " Yon seem to have a great deal of money
about you, will pin put it into my hand, and I will
take care of it till you get out of bed r' to whi h the
Prisoner consented. I,kitness then took from him
two five guinea bills, which he put in his breeches
pocket, with a five guinea and a one guinea note
of his own. The Prisoner than went to bed, ald
slept in a room next to the one the witness and his
wife slept in. The witness positively swore that
the money was in his breeches pocket, when he
went to bed, and that he saw the prisoner into the
bed he slept in, ahout three o'clock in the morning.
Cite Witness said, he licked his own room door,
on the inside, wltn he went to bed; but his wife
got up between five anti six, and left it open.
The Witness did not miss h s money upon getting
up in the mornings but after being a little time
down stairs, he went to call the Prisoner up to break-
fast, who came down stairs; and when at break-
fast the Witness asked him, 44 Do you know what you
did with your money last night ?' The Prisoner re-
plied, " I have it in my pocket." The witness then
said to him, 44 Yoa have forgot;" and upon putting
his hand in his pocket for the purpose of restoring
the prisoner his money, he then, for the first time,
misszd it, as well as his own money; upon which
the Prisoner expressed his sorrow that lie had that
night slept in the house at the time the money was
lost. The witness said that at first be had no sus-
picion of the prisorer, and both of them wanting
sliasing, they went to the barber's shop for that
purpose, and after being there he began to gaup' s%
the Prisoner, and went for a constable for the pur-
pose of searching him; and, after having done so,
they could find nothing on him: they afttrwards re.
turned to the witness'ihouse,wben the prisoner call-
ed fur swreethin„.• to drink ; and remained there for
the whole of th.: day without ever asking for his mo-
ney ; which circumstances mated such stror,g sus-
picton, that he was determined aain to have him
searched; and upon doing so, aL the notes. both
the pt isomer's, which he had committed to the wit-
ness's :h.. ge, as ,tr,..11 a. the wiruess's own, were
, found *ewes: into time bad: pout of the pri,oner's

waistcoat, which was discovered by holdinl up the
prisoner's waistcoat against a lighted candle. The
prisoner was then apprehended. The witness con'
not swear further to any of the notes, than that his
own note for five guineas was one of Pease and
Co.'s bank, and that the two of the prisoner's were
of Mosan and Co.'s bank ; and that the guinea note,
he well recolltucted to have written in very pale ink
on the back of it in figures 121. 3.. 0,1 Upon the
hills being produced, they answered the description
given by the Witness.
David Nl‘Cray deposed, that he was sent for by
the Prosecutor to search the Prkoner at the Prose-
cutor's house ; and upon telling the Prisoner, that
the Prosecutor sitspened him, the Wittie,:s, of hav-
ing committed the felony, he was theretote willing
to be searched, provided he, the Prisoner, would
consent to have the same done ; to which the Pri-
soner replied, " I am willing, and if the money is
found upon you, I shall expect to have it all ; and
if it is found upon me, you shall have it all, though
I have been once searched to d.ty." The Witness
then described finding the money upon the Prisoner,
in the same maaner as the Prosecutor, with this ad-
dition, that the part of the waistcoat in which the
money was found, did not appear to have been sew-
ed by a tailor; and the Prisoner proposed, that
provided they would let him go. he would give up
his own money, except a few shillings to pay his ex-
penccs out of Hull.
The Jury, immediately returned a verdi& of
auk' ; mid the Prisoner received sentence of
death, but was reprieved before the Judge left this
city.

IRELAND, Avun.T 16.

SUMMER ASSIZES

ZIRRT.

At the late Assizes of Tralee, an information
granted against Nicholas ConollylHussay, Esq. fcr
posting Dour Moriarty, of Killarney, as a scoun-
drel and a coward, and for provoking him to fight
a duel, came on to be tried before the Hon. Baron
Sat ITN and a Special Jury—The trial lasted for se-
veral hours, and until after midnight--The Jury
not being likely to agree, an application was made
that a Juror should be withdrawn by consent : but
the Judge appeared to be of opinion that he could
not yield to such an application without the consent
of the Attorney General, the Jury soon after
found the following verdiek We find that N.
C. Hussey is guilty, but are of opinion that be re-
ceived great provocation."—This verdia the Court,
after some consideration, received—observing, that
the issue being distinAly found, the additional words
could work nu harm, but might be either rejeAed as
snperfluous by the Court o' King's Bench, or might
have an influence in regulating the quantum of pu
nishment.

KILRINSAY.
In the City Court, on Monday, came on the tiial
of Patrick Fferhbore, for the murder of John CuJy,
master broad-weaver, in his house at the Butts, on
the 2Sth February last.
Sevzral witnesses were exasehted, but their de-
positions did not tend materially to *fed the life
or the facie/mow . sae of them, however, proved hii
having sold the prisoner a pistol, previous to the
murdesof Cody. About two o'clock. a son of the
deceased Cody's, a child of ix years of age, was ad-
duced as evidence for the prosecution ; but, from his
curette youth, ohjefted to by the prisoner's Counsel
--upon which the Lord Chief Justice had Lord
Norbury sent for from the County Court, and their
Lordships, after some consultation. Alla examining
the child, who anew that there was a God, that
people who acted wickedly would be condemned to
eternal torments. the Court over-ruled the objection,
and the examination of the child was proceeded on
—he rememi,:red the night of his father's ale:4th—
there was nobody in the house at the •time but
his father, the prisoner Hartshorn, himself. and a
little brother, an infant—prisoner asked his father to
I come out and drink, who would not go, his shoes
being bad—prisoner desired witness to go out for
the maid to take care of the house, and as he was in
the act of doing so, heard. as he turned the corner of
the house, a great noise like a shot ; upon which he
turned back. and met the prisoner coming out ni
the door, who took him by the hand. brought him
down to the mill, when he saw him throw the pistol
into the river, and prisoner said he was throwing
stones at rats—he never saw a pistol. but he SAW a
gun—it was a pistol like a gun—it was a hole one,
prisoner then brought him to Goss—gave him a
penny, and desired him to go home—but he went
to prisoner's father's house, and was brought home
by a little sister of prisoner's—on going in he saw
his father lying dead on the floor, and three men
ahont

On his cross-examination, the child did not vary
in the slightest degree from ,is direr examination
—indeed so constant was he in the while of his tes-
timony. that it was the astonishment no less of a
crowded audience, than of their Lordships. On
the part of the prisoner an •hiei was attempted to
be proved, hut failed ; after which his Lordship
charged the Jury at great length, who, after con-
sulting near half an hour, brought in a verdi.t of
Utility. The Learned Judge then sentenced the
prisoner to be executed last Wednesday—but re-
spited hirn until the opinion of the Twelve Judges is
had on his case.

♦R 01 4011.

At Armagh Assizes, there were only two record;
entered, and very few trials in the criminal Court ;
the only one of consequence was, that of jitri
.Nobit-i, for the murder of the Po•t•boy and robtier y
of the mail, ?leas Newry, in February last, w:io,
after trial, which, from the number of witnesses
examined, lasted seven hours, was convidtad on the
c!earest evidence; the Jury returned a verdia of
vary. in less than ten minutes after they retired ;
and the Learned Judge then proceeded to piss the
awful sentence of the law on the culprit, which he
prefaced with a most pathetic exhortation; but on
the unhappy prisoner alone it made no impression,
for the instant atter sentence of death was pro-
nounced, Mohan, in the most impious manner, with
uplifted hands, and infuriate countenance, turned
towards one of the witnesses, and uttered aloud,
May my curie, and the curse of G—d attend all
infi.rmers ;" and then, with the narn:st ind,f.rence,
applied to the Court, to order some inn-iey tend on
the person of his wile, when app7:hei.del near
Newry, to be returned, that be migtit ►e decently
buried.