The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-20 00:00:00

CROWN SIDE.

Before Mr. Justice Hotaoets.
His Lordship entered the Court at 11 o'clock, when the following
Gentlemen were sworn in on the Grand Inquest for the County
r H. Heron, Bart. Foreman. T. Aloney, Esq.
Sir W. Amcotts Ingleby, Bart. H. Robert Marriott, Esq.
Sir W. Erie %Felby. Bsrt. J. Tuffnell, Esq.
Sir E. F. Bromhead, Bart. J Cppfeby; seq.
C. Chaplin. Esq. A. Welby, Esq.
C. Allis, Esq. J. Yarborough. Esq.
F. Brown,'Em. S. R. Collett, Esq.
.1. C. L. Calmat, Esq. J. Gardner, Esq.
F. Chaplin, El 3. J. liked, Esq.
R. Elmhurst, Esq. P. J. Luarl, Esq.
R. Handley, Usq. W. auburn, Esq.
W. A. Johnson, Esq.
Mr. Justice ot.rtovro then delivered bis charge to the Gentle-
men of the Grand Jury, remarking that although the calendar was
mitiparatively light, in point of number; yet there were some
charges of • very serious nature, which, if supported by sufficient
testimony, would in all probability, require that the law should he
'carried into complete effect. There was a charge against a man for
wilfully murdering his wife. Having-lookeo at tho depositions on
which the prisoner was committed, lie felt it proper to remind
the Grand Jury, that in no case would words only amount to
sufficient justification, so as to deprive the act of the character of
murder; nor would intoxication be any palliation of the crime.
Should it, however, appear that the blow was given, not with an
intent to murder, but from • momentary act of irritation, and with
• forgetfulness, on the part of the prisoner, that the instrument
which he had in his hand was of a dangerous description (for it ap.
peered it was a tool which he was in the constant habit of using m
his trade) then it would reduce the nature and character of the
crime, and make. it that of 3lanslaughter only.
The calendar contained 1 cases of sheep-stealing. This
was a crime which was becoming daily more frequent, and as these
depredations were committed on • species of property which was
necessarily more exposed than almost any other, it became the
more important that some restraint should be given to it, by allow-
ing the extreme power of the law to take plata, and some serious
examples be made, in Oder, if possible, to deter others from the
commission of this too common en offence. Be would just observe
with respect to the charge against one of the prisoners, for a%.ault-
ing and violating the person of a female, that should the evidence
dearly establish the Loct, it wes one of the most serious crimes
that could be committed against society, and was so treated by the
law. His Lordship then adverted to the Act passed In the last
Session of Parliament respecting the regulation of Juries, and ex-
pounded its various provisions, with the hope that the Gentlemen
of the Grand Jury would make the nature of them as publicly
known among the different pawns whose duty it was to summon.
or by this Act to serve on Juries u their opportunities would
' allow.
The ()valid Jury then retired, and soorraftar returned true bills
against several prisoners.
Thomas Cgs e, aged 3.5, wet capitally indichtd for stealing, on

the leth atOetober last. M Market .Deepi.gye. in this minty.. hro
sheep, the value of 41. the property of Richard Terrill, of Stamford.
farmer.
Richard Terrill, examined by lifr..E. LLOYD ‘VILLTAIII.
The prisoner was my shepherd fie some year, and up to the tine,
he was apprehended. .1 sold him two old ewes last autumn i they
wen delivered to Lint some time after the loth 4 they were raised
ewes. He - me SI. lb. Co. them. I mid bins any oilier
T "

.1 to
paid cnt. I 'IMT
sheep. AU my Sheep well branded with the letters " It. T." on,
the near rump 4 and upon the cheep I sold to tutu E put two cuddle
marks just above the tail : and there wu also a slit on the unaer
part of the near ear on one of the two sold to the prisoner. I slier.
wards missed two other sheep frbm the dock ahich the prisoner
' herded. It was aher the thh of Nareinber. I told the pi-
' sorter I could not ineke my flock r'ght. Ile paid they were all tight.
The prisoner had only the ewe of one flock, r‘ hid% was full lire
',miles from any other place where Ik, pt sheep. I hare since sent
four sheep in the custody of Mr. Perkins, and which had' my mark
lon them. Two of them vitro those which I sold the prisoner, the
other two were sheathing circa. It was about the Gth of Mu that I
saw them. 4r. Perkins was present. The prisoner was at that
time in custody. I knew the sheep to be mite 14 the marks on
them.

On his cross-examination this witness said that it eras his custom
to mark all his sheep at the time they were sheared, but when he
I saw these two sheep in 11r. Perkins's posi.essiou, they had not any
such marks upon them. The prisoner had a paddock about his
house, but the witness did not know that till after the prisoner was
apprehended. Witness did rot know that the prisoner was iu the
habit of keeping sheep, or that he had ever kept any till he bought
the two ewes of witness.
John Fletcher, shepherd to Mr. Laxton. of Market Deeping-
enatnined.—l remember the prisoner coming to n:e last autumn. a
little before Michaelmas, about eight or ten days before Market
Deeping fair, and asked me ;theater I thought my master would
let him put his four ewes on his premises. I asked whether they
were clean, mid he said he knew they were, for he had bought them
of his master, 3lr. Turnill. I told him he had better ask Mr. Len-
ten. Two of three days afterwards he came and said Mr. Laxton
had given him leave, and wished me to take the sheep for him out
of his close. I did so ; and the prisoner told me I was to put four
of my master's sheep In the Close instead. I did this. His close
ladjoined that of my master. The prisoner's sheep were marked
with the letters " It T," and three of them had one ear mirk, and
one had another ear mark. There were two old ewes and two young
'heading ewes. The sheep remained In my master's field five
weeks ; I ellen took them back to the prisoner's close, at his re-
quest, and brought back my master's. I have since seen those
sheep at Mr. Perkins's ; it was on the 20th of May last. The
brandstowest was very easily to be seen on the, old ewes, but the
marks on the other two were obliterated ; but 1 sin certain they I
were the lame sheep. At the time the prisoner's sheep were put'
into my master's close, I did not know that Dlr. Turnill had lost
any shdep.
Mr. Turnill recalled.—Market Deeping fair is on Old Michael.
mac Day, 10th October.
Henry Turner. a .shepherd, stated, that he saw four sheep
marked " 11. T." in the prisoner's heme-sted.
Mr. William Perkins examined.—l recollect the prisoner offering
some sheep to me for sale In the latter end of February. He came
toilmy house, a littler below Deeping St. James. He asked me if
I would buy four ewes et* him. I said I had no objection if they
were good ones. Ile said they were. I then aidted hint where it
was he bought them. He said he bought them of Mr. Turnill. I I
looked at and bought them at 465. a head. The sheep are
now in my possession. Mr. Turnill came and identified the sheep,
two of them as being those he had ',old to the prisoner, and the
ether two those which he-had lust. The prisoner afterwards came
to my house, and said he wanted a word With me. We wen/ on
one side, and he/mid—you have hered of this job, and I said I had
heard too much of it. Ile said—" I wish you would be a friend to
me, and milt to Mr. turnill Mut it." I told him I did not know
what sort of a friend I could be to him, but I souk' tell 31r. Tor-
nil! the truth of it. I said—" You told me you bought the ewes of
Mr. Turnil, and I had no thought but what you had." He made
no answer. I said—you bought two and the other two you stole.
He eaid—l did buy two of them front Mr. Tuthill, strut the other
two 1 bought out of a drove. I said—you never told me so before.
With that he turned away, and said—l will see you again to.niglit
or to-morrow morning. That is all I know.
Cross-examined by Mr. Cain T om.--And that you don't seem to
I know very distinctly.
Witness—l don't know.
Blr. CLINTON—Why I overheard you muttering to yourself'
just now, and saying—" I don't know whether be did lay so
either."
Witness—Nay, but I do know though.
Mr. CLINTON—Why you have been making up this converse.
tion by piece-work ; it is wholly the work of your imagination, is it
not?

Witness—l canna' reenollect scary thing at vonce.
Mr. CLisrrox —Certainly nor. But will you swear that the
whole of this conversation actually passed between you and the
prisoner?
Witness—Yes, I will; or at least the principal part of it. (A
laugh).
Mr. first r OY—The principal part of it ? Why then the whole
of the conversation did not take five, but only the principal
part of it ?
Witness—The prisoner said to RIO ths whole of what I have
told you. •
This was the case for the prosecution.
The prisoner, on being aired whether he lied at ythirg to ay to
the Jury ? answered that he had two witnesses.
Mr. CLINTON then called on behalf of the prisoner...
Mr: Tuthill (the prosecutor) who stated, that the prisoner had
lived in his service for seven years, and ha always believed him to
bear a good character.
Mr. CLiw TON sat down, when
Mr. WILLIAMS observed, the prisoner said he had two wit-

CLlmTow—That is extremely unfair, MT. Williams.
►lr. Justice floutoxia then summed up the evidence, and the
Jury found the prisoner Guilty.
Ilia LowDSHIP onlerert the prisoner to be removed.
Isaac Newton IVillcork end Jonas, Motley were arraigned for
having feloniously slaughtered one shesrling ewe sheep, and for
stealing the carcass thereof, the property of Charles Green, of
Kirton, grazier.
On % illcoek being staked whether be guilty or not guilty he
said he was guilty.
His LORDSUlP—Prisoner, you had better consie.er your plea.
and take the benefit of anything that might be favourable to you in
the course of a trial.

Prisoner-1 am guilty, my Lord.
His 140111)31111P—VOtt must nes deceive yourself by thinking
that pleading guilty will he in your favour ; for it is a crime which
affects your life, and I cannot prevent the law front taking
its course.
The prisoner answered in a most desponding tone of voice—l
cannot help it, my Lord ; I know I sin guilty, and I do not wish
to deny my conscience.
His L0111)31111. —At present I ran only judge of your guilt by
the depositions which were taken before the Magistrate who
committed you, and which is all on one side, and of course all
against you. Perhaps on a trial something might transpire that.
might be favourable to you.
The Prisoner—The case has been clearly proved against me, my
Lord, and I hare no more to say than that I am really guilty.
His LOILDSIIIr—Then you wish your plea to be recorded?
The prisoner-1f you choose, any Lord.
The prisoner was then ordered to be removed. He was a )song
man about thirty years of age, rather robust but abort, and was
dressed like a Staffordshire pottery-man. His countenance pour.
(rayed acute feeling, and there appeared in his whole demeanour a
eesponding resignation like the yielding up of a stricken conscience
that had neither the courage nor the will to avail itself of the
charm to escape by any accidental failure of legal proof that might
happen In the course of a formal investigation.
Thomas Harding and 77ionsas Edon were capitally indicted for
stealing, on the Ist of April last, in the parish of Ropsley, a geld-
ing, the property of John Rawlinson, farmer.
The principal evidence in support of the prosecution was a boy
about fifteen years of age, who, but for the perspiration that glowed
(tom his cheeks, might be taken for a statue, so immoveably fixed
did he remain, not even his eye-lid winking during the whole time
of his examination, which went to show that he, as the stablt.boy.
left his master, four horses in the stable at eight o'clock in the
evening, and that at one o'clock the next mornin* bit missed two of
them. One was afterwards found in the stack-yard, and the other
was seen in the possession of the two prisoners, who were taking it
away ; that the boy cried oat to them, " You needna' coon, for I
kna you," and then they left it.
The prisoners denied the fact, and said they were quite innocent
of the" concern."

The prosecutor examined—l was in bed on the night in question.
The boy did not tell inc of the robbery till two days after it
happened.
The boy was recalled, and his Lordship asked him why he did
not tell his master as soon as it had occurred ?
Witness—Gibson, who was with me, told me not to tell him.
Ills LORDSUIp—How many men were there with the horses ?
Witness—Two, Sir.
Ilia LonwswiP— flare you always told the same thing ?
Witness—What d'ye say, Sir?
Ili! LORDOn IP repeated the question.
Witness—lea, Sir.
His lA:tannin. then read the lad's deposition, in which be had
sworn that there were three men present with the horse.
The boy said they had three bags on the horse, but there were
only two men.
The prisoner Edon said the boy told him that he did not know
whether be (the prisoner) was one of the men or not. He wished
George Gibson to be called as his mines,.
George Gibson examined by the prisoner. I saw which ray the
men were coming with the horse. They were sunning towards the
stable as the boy told me.
By his LORDSHIP—When we got into the yard we found the
gate down ; we went Into the stable and missed two horses Out of
four. We then went tutu the yard, and I found one of them. I
son' the boy on the road to sec whether he could hind the other.
The boy came back, but did not then say whether he had seen any
body or not. We went into lb* house and made a tire. After that
I went into the yard and got on thct stack to cut some hay, and the
hoy want on the road again to see for the horse. He came back
and told me titers were three mesa bringing the horse up Hoseby.
lane. I sent hint then to shut the house.donr, to shade the light,
that the men might not be able tu see that any one was stirring,.
I desired the boy to stand near the door or else in the stable. They
might hare broUght the horse two ways into the yard. They were
bringing it towards the stable, and I went to the other way,
so that which ever way they might come, we might catch them.
As soon as ever they heard the gate clap they ran sway. It clapped
by accident, by my putting my hard upon it. I then called to the
boy, but be did not !sear me, and then I whi led, that its might
me in the lane. I nem told tbs bey to lie index the manger,

away.
Th*Jiars It* • Ilkort eetwilltatioh, aiMeitia l the minima
NORTHERN CIRCUIr.
YORKSHIRE au, *.
ASSIZES,
yo
proTrthiiastedsaey the Judges
rrnonwupzeiThene:d c di
by
thetifterrs.errizurce.
,r.atriel3.7.laTlP. fejmest- ape;
of Itichmohd School: The test was taken from the Epistle of St.
Paul to Timothy, chap. z. Bat we know that the law its
good, if a man use it lawfully." The Rev. Benticman proceeded
in a strain of argumentative Atli:epee to show that obedient* to
I the law tree a command from Heaven, and thatlnesmuch es hu-
man society required human laws to correct fend punish vise, an
obedience to those laws became absolutely necessatp. The laws of
God demanded the Owl:iv:cc of the will, while Melee, was satialial
if the hand did not strike a blow, and the tonguiedid hot talk elan-
der. On the whole, we have not often heArd a mote able Cl:mosaic,
se one mote suited to the otemion. -
Art Ifl.
Mr. Justice BATLEY, acrd red by the Wit Mayot ard
Sheriff's, entered the Guildhall of the City at nine o'clock hie
morning.
Mary Senior was then put to the-bar, charge;
with having tom.
mittod a burglary at the house of W. Monkti~sn, n„ of the. parish of
st. Peter in the city of York, on the 10th of piff. The things
stolen. were a few articles of waiting apparel.
On being asked whether she was guilty or not, 'be pleaded
Mr. Jusice BaYLEY—Brimoner, tine ii capital charge, and as
they may not be able to make out the capital tart of it, I would
therefore advise you to withdraw your plea and plead cot
Tl.e prisoner then pleaded not guilty. _
Mr. Cor.Tmaw briefly stated the case. The priebner Moto the
terrier of Mr. hlonkman, a turner in this cite, and being clan-
dcatitiely engaged to a man of the name of Tenfield, to leave York
with him fur Manchester, stole some wearing apparel, which was
found up-on them on their journey to that town.
Airs. Monknuin examined by :111.. D. F. Jownl,-The prisoner
was in my service, and on the night of the 10th'of April I heard a
noise, which did not alarm rue, and I took no,notice till the morn-
ing, when I missal several articles. She live 4 with me nearly Ave •
years arid a half. Every thing was fast when I went lobed.
By the Coy a T—She was an apprentice.
Maty Ann Atkinson, the fellow-servant of the prisoner, found
twa of the doom opened on the Monday morning, and also the do..z
opening to the back kitchen, where several keys were takes.
Joh:tonsil Hammersmith was examined merely as to the hew
at which a noise was beard, being the time at which the filmy was
committed. The hour was between one and two o'clock in the
morning.
George Raymcr, s watchman, saw a man and Woman on tb
morning in question, coming in thedirection.fromble. Moukman's
house. There were three bundles. I did not know the man Oath.
woman. This was after four o'clock in the morning.
By the .1 u nor —They could come from Menitman'eln a few
minutes • it was near the break of day, sufficiently clean° recog-
nise the features if I had thought it necessary..
William Pewee, the police-officer of lork. Tent is match of
the prisoner with the prosecutor, and found het se Bradford. in
company with a man of the mime of Tanfields Ito* them into
custody. The prisoner denied the charge.. Bbe was ter
threatened by me nor Mrs. Mon kman, nor promised any
We after found some bundles, and on asking prisoner If either was:
hers, she pointed out one, in which I found the mean I now pc;:-
duce (a gown, a can, and other such articles.) These things were
identified by Mrs. 3lonkman, as being her property.
By the Jl7lloc.—The gown is worth about five abillinge.
George 'Penfield met the prisoner about fent o'clock on tho
morning of the 11th of April, and went with her to Bradford. T.
could not set a person across the street very distinctly at that how
The prisoner made no defences erg calialom arstnessos to as.
reettc"-
Mr. Justice BAYLEY left two questions to the Jury, the firs:
was, did the prisoner steal the articles charged ? and the heat was,
.did she break out of the house in the night time or not?
The Jury immediately returned a verclict—Guihy of sea De
but not of burglary.
The Master of the prisoner urgently prayed the. Court to mit'.
gate her punishment, and to procure for her some PIM of rent.
in London.
Mr. Justice BATLEY. after an in-pressive Ades pities, sentenced
the prisoner to one years' imprisonment in the House of COrrectioa
Con the County.
The prisoner never once looked up during the Wu.
Terence llf•Manus, John Scott: and She others, soldiers of the
nth Dragoon Guards, were put to the bar, charged wish having
been guilty of a riot at Knavesmlre a few months dem, and also
for haring assaulted Wm. Purdue and several other plasm at tl.o
same place and time.
To these charges the prisoners severally pleaded Noe Guilty.
Mr. Justice BAYLEY asked the Counsel in the mem if it wee
likely to be finished in an hour or two, as if so istwoultil no,
proceed with it ; but having been informed in the amplivo. it wa
postponed to some future time. considerable itatfl Mum men
to be attached to this cause, it having originated la a dangken cur
between the soldiers and some of the towns-people.

. .
CRI3IINAL SIDE.
Mr. Baron By xt.ocx went into the Criminal Court obese eleven
o'clock, when, contrary to the usual practice, the p oreko
Assizes were commenced by calling over Vac whole thesemet
on the Common Jury list. All persona not anstatilligt ta lbdr
names were tined 405., except in cases when medical -Irellemes
were produced of the individual's Inability to attend. weemaso:
pretend to say whether this course of proceeding hag Mime adopted
by the Learned Judge to secure a full attendatme e(tl. hey with
out delay or inconvenience to the public, cr is • lelli#ol
by the provisions of the New Regulation Acta "-• • .
After the names of the Slagistrates of the email; ibaseer der
bailiffs of the different liberties within It, had been die
Clerk of the Arraigns, the Grand Jury was swotn.
are the names of the Gentlemen who compose it:-..
lA. Vie. Milton, M.P. Foreman Mark Milbank,
Lai Eta,
lion. W. S. miles. 31. P. S. C. S. Craddock, M.P.
Hon. G. Howard, 31. P. Daniel Sykes,
Hon. T. Dundee, M.P. H. Vansitewts Itec_
Sir T. V. B. Johnson, Batt. IP. B. Theatmatt,
.. . 4.
Sir Tatum Sykes, Bart. B: Dealtry, Esq.
Sir F. Lindley Wood, Bart. W. L. F. Scott, EA.
J. C. Ramsden, Esq. 61. P. IM. Wilson, jun.%ffigit•
J. A. S. Wortley, Eitg. M.P. W. Prost, Esq. •
John Wharton, Esq. T. Evrington, 00.
B. (*gluon., Esq. M.P. John Hutton, Esq.
llarmaduke Viryvill, Esq. lI.P. I
The proclamation for the encouragement of skint awl against
vice and immorality was next read. after which
Mr. Baron II tYLLOCK proceeded to charge the Grand Jury. lit
said, that he felt it unnecessary to make any obsesuatitme on t.,
general nature of their duties ; and he was happy to say, that r
tar as the offe.nces on the calendar were concerned, there war no ma,
which called for any particular observations from him ea the pre-
sent occasion. In point of numbers. the calendar was not large.
although, in point of crime, it contained some Wham of a vett
atrocious character. One particular crime seems be email, and
he feared, that for the purpose of making property rare, no other
plan was left to those charged with the due admirustratiettelf the law,
than to let it take its course with regard to a/I .esoyieted
of horse stealing. That crime seemed generally Amp .
out all parts of the country—there was y • Circuit is
which it did not appear to a great extent, and 66 the calendar
now before him, to waa sorry to see so many mil
so acEZt
'to prevent the recurrence of such crimes, the law sbe
carried into execution, iu order that misguided path* eagle
find out that such offences were not merely to he ' by
transportation for life, but with the utmost penalty of
loss of life. Since the formation of the calendar, one et fee Men
of great enorniity :tad occurred ; but it wee uncisewepui tee Wu go
say a word upon them, as the circumstances le pees:
of law to constitute the crime wont* be known to the am Re
had now nothing further to say, except It were 16 alit them
his advice in all cases of doubt to throw out the bills fee the espied
offences, and find them for the misdemeanor only. That mot,
however, depend upon the nature of the evidence, of whirl they
were the competent judges. If any doubt should arise to them isa
the discharge of their duty, he would be happy to lend them mir
assistants in his power for the purpose of disuniting on temming
'them.
The Grand Jury then retired to decide spoil bills which Willa
be presented to them.
A Petit Jury was then sworn, and Jolla Coe wee agiontr
indicted for uttering a forged bill of exchange far M. tw
Fears, at Leeds, on the 31st of Decembee last, knowing the
same to be forged.
Thomas Fearer deposed that he was a clothier, geeing a*A *
the market at Leeds. On the Met Dezember last the primmer
came there to bargain about some cloth, which be bought ft dee
amount of 221. 6s. bd. The goods were delivered te blie as as
' Saddle Inn, to be shipped as soon as paid for. He bad Maid him
with a bill, which I said was as good as money if it war only paid.
I inquired about it ; did not like it ; but he said • better well am
be had. He said that Reynolds, the firstlndorese, was Neyeeleet
at Manchester; and that the second Widener.'
Langston wee a
woollen and eotton.manufacturer, at the thaw plan, I iembil the

• 54
•
. •
. •
• • - •
Atted. lay. Itie 1.13 his _aide* I then to deer die art, 11‘,0
could not overtake them, nor tell who they, were.
,I saw
m liFm. •
thoul wasenll4lli lith threethe time tMasten' they"T bokimsrfiasrCslbs t
571 ran' away.
andeb4a'Sn Mae t ia.l la
Iftr
141 kelliWiel.le 4
but the tuber two ho dld not know. The words r aid
don't tell master of thnt Withnet you be sure." lain ivaimenseada •
I misled the words " with Out yon be suer."
The prisoner Leon ivished the whom to be Nk.d. eclenthili t.
hoy did not ray on the gorilla, night that be has se Mee betas
privmer) west the man.
The boy wu called ep anti sat" *helm le bleakest 1411
sueh 'eonverloarion. • •
Violeta. —Yee ; and I said I wasenye it was leek •• •
' (Mann was re-examincti--The p said iritia lee IIU
tha rto hint, that he thooght it was on
C,..rstanined ir 11 Mt. BALs —O
ro tr.tais Maitystedialit
that bar ?
!Fitness—Never in my life. •
"Ir. BA curv—lA'ell. at Grantham then t • •••
Witness—Ohce. . •
Jr. BACC.VT—Frir What I'
liix 1.0 nt, nt r —You. nee not obliged to anewet that Hgstioet. •
Witness—For fowl steeling, but I was inneaine, ao7 ma at.
quirt lion nen tP summed up the evidence, and ',sheered eit aa
Jury, that the principal question seemed to be, whether the Millem,
ern atL the 'bar were trio of the peens concerned to eteetar
hone ? If the intent was to steal the horse, the aim* a isativa - '
in the eye.of the law complete, if the hole ahivld M fliebved b, them, notwithstanding they might eletorards tail. a taking it ea.
tint), Away.

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UIT.

I'

WILTSHIRE ASSIZES, S•stsstsoa, Juts' I&
The commission was opened on Saturday by Mr. Justice Gaon-
-I.# and Mr. Justice LITTLEDALE, who attended divine service
-In the Cathedral yesterday ; and this day commenced the business
of the Assizes.
CROWN SIDE. •
ilofore Mr. ustiee Leer LTDALV•
Mt Justine LITT s eDALE entered the Court at eleven o'clock.
when the Grand Jury having been sworn, hie Lordship delivered
.his charge ro the following erect: —Gentlemen of the Grand Jury,
I am scary to otneres that the state of the calendar is so heavy on
ths.oecasion of these Assizes. Of the numerous eases contained in
the calendar, the offence of horse stealing appears to predominate,
thaw being nice of the prlnoners of the 49 whose names are to be
found in the calendar, charged with the commission of that crime,
and semeof them for several offences of the urne kind. It neat becomes
wacestaty, Gentlemen of the-Grand Jury, to tell your attention to
a charge of a very serious nature, I mean one of child murder. By
in Act passed many years ago, in the reign of James i, concealing
the bath of a child was constituted a capital offence, although the
crime of murder were not brought home to the prisoner ; but that
Act has been repealed, and the law is now different as it regards
Nee concealment of the birth only. You will not therefore find a
bill for murder it yon are not satisfied of the fact. And to render
tree commission of that crime possible. I need hardly say you must
have it in evidence that the infant was born alive, in the proof of
which there may be considerable difficulty to be encountered.
There are fwd aka of this description in the calendar. in one of
which the prisoner is charged und.n the coroner's inquisition with
the wilful murder, and in the other with the concealment of the
birth of a child ; and in the consideration of both those cases you
will belie in mind the distinction observable between the two offeneeo.
another case to which I shall solicit your attention. It is that
era Charge of rape, and, according to the evidence of the woman, is
estury crong case; but.you will recollect, Gentlemen, the serious
nature*? the charge, and the difficulty of rebutting it on the part of
tbs accused ; and on that account you will attend ecru pulottsly to the
nature of el ',evidence submitted to your inspection prevituis to
qbaing the h shall only particularise another case, which is
sasiof manslaughter against a female, charged under the coroner's
lagest with killing tree husband. It has not appeared to the Jury
aossnount to a case of murder arminst the prisoner; for although it
angered ta the evidence laid'before them that the accused had
mode use of strong and violent expressions against her husband, it
a extremely probable that at the period of using them she r as
under the influence of considerable irritation ; and as it appeared
that she was extremely jealous of het husband, perhaps the nature
of her expressions are to be acsounted for in that way. Under all
circumstances of the case, it did not appear to the Coroner that there
watauffleient proof to carry the offence beyond that of manslaughter.
I chill now, Gentlemen, conclude by requesting your attention to
the state of the law as it regards the offence of maiming, cutting, or
otherwiseinjuring cattle. ;Under a former Act of Parliament it
was necessary to prove a malicious intention in the person accused
of that offence; but under the 'existing law the simple act is suffi-
cient, without any proof of a malicious intention, to constitute a
felony punishable by tlansportation.
The Grand Jury then retired to their room, and of a: short
time returned, having found several tnie bills. ,
HORSE STEALING.
Robert Jones and Jolla Smth were put to the bar, capitally in.
dieted for having stolen two gelding's. the property of Joseph Foley,
as Ring's Nortpn, in the county of Worcester, on the tith of Jul 7 ;
also with having stolen one chestnut gelding, on the 6th of the same
month, at Northfield. in the same county, the property of Thomas
Wilietts ; and Joseph Clirmeitts and George Gurdener were put to
the lase, charged with having feloniously received the said geldings
into their possession at Milford in this county, knowing them tilt
be stolao. Clements and Gardener were also capitally indicted for
feloniously harbouring and receiving the prisoners Smith and
Jones.
Mr. Joseph Foley.—l live at King's Norton, in the county of
Worcester- I had two horses on the ith of this month, which I
muted op the night of that day in a field. The following morning
I fund the padlock of the gate of • the field removed, and both
bossaPstolea. One of them was a eart.horse, valued at 401., and
dig other a pack-hoese, worth 251. I afterwards saw the horses ill
the sore of the hostler at the Sportsman's 'loll at Whaddon, in this
onsenty ; having previonsly trued hand.hills desaipeive of them,
sad otfering a reward for their recovery.
• Mr. Thompsi Willetts—l live at Northfield, In the county of
Worcester I last a chestnut horse on the 6th of this month.
Lad previously seen it late in the evening of the sth, and missed it
at *wen o'cloct on the next morning. The value of the horse is
-forty guineas. I neat saw it on Thursday last at the Sportsman's
Whaddon, in this comity.
Cole_--I live at the Nelson, at Littleworth, in Gloucester.
.~{lire. On the Stis of this onwoh, about eight In the morning.
Smith arid J, the prisoners at the bar, came to the Nelson with
hones. ith rode a little dark brown horse, and led a hay
• chestnut burst. They asked a feed of
ey got. They remained abort an hour
• before. but not Jones. I saw boils
at the gaol last Thursday, and
also saw the horses on the same
/ were the horses which the prisoners
.elson on the 6th instant. I also saw
ad by Smith on the day he came to the'
horns came there on the 6th. they were in a 11
's distressed and.sweated, particularly the
•The distance from Littleworth to
A know the distance from Little-
the coach from Devizes to Salisbury.
.he 7th instant. Redliorse-hill is five'
known the prisoner Smith since he
company of Jones at Redhorse.
horses with them. Jones was
. rods a cob horse, and led a cart-
them together ? The horses (A
Smith and Jones /—Yes. they were
the hones since at the Red Lion, and
which I saw in the possession of the
from Salisbury to floethampton
about a mile from Saliebuty. 1
ck on Sunday, the 10th. I am sc-
ot' the gate. I passed throogh it
band bill relative to some hones
'ter. I was on horseback, anti in
's after Smith and overtook hitt'
the gate, on the Southampton-
horse, and leading a wagon horse
t be was ,going to Faddism, In an-
remained with him some time, dur.
and then rods on to Whaddon,

•
a shoat titt:e before the prisoner Smith. I showed
a man named Barker, and we apprehended Smith
--up.
- Harker—l live with Mr. Henry Percy, who keeps the.
Sportsman's Hall at Whaddon. I know the last witness Corp.
I an-, him between nine and ten o'clock on the morning of the 10th
Corp showed not a handbill relative to stolen horses.
fly after came op mounted on a chestnut gelding, leading
and a brown horse fourteen hands high. We appre-
and brought him before a magistrate, having first ex.
horses, and Mund them to correspond with the descrip.
hand-bill. On Thursday last the horses were delivered up
nets, Fo!e, and %Ville's, whom I now ident4.
.amhert-1 keep the HOW Ccliar publie-hoes at
and know the prisoners; the man next me is named
eGardener), the other Joe (Clements), the third is John
' the farthest they called 'rough to laugh}—Jones.
whether Tough is his nickname or not. Smith and
ae to my house on Thursday week; they had three
them. On Saturday Clements came, and on Sunday
The three former slept at my house on Saturday night,
Ted if I can tell whether they supped or not. (A laugh.)
together: I looked to Joe (Clements) for the reckon-
teemed to be used to one anothernot strangers, and
r intimately acquainted. I had seen the three two or
together at my house before. Gardener came on a pony
between seven arid eight o'clock ; he went into the
and was first joined by Clements; Gardener and he
other good morning. 1 afterwards saw Joe and Gar-
; together. The four prisoners had breakfast in the
morning. Gardener asked me for change of a N.
. I had nor. Smith took the horses away. I asked hint
breakfast if he was not going to start off' with the horses.
because I knew Gardener, on my recommendatior, had
Smith to take them away: Gardener stated he bought
he told nee so publicly in the taproom, in the presence
s, but did not say how muck he had paid for them. I
Smith down stairs that morning at the time when I
.ded him to (llrdetter, neither but I seen Tough, but I
Clements. I had seen Clements and Gardener together
latter told me he had purchased the horses. When Smith
horses. Gardener, my boy, and myself were pre.
did not pay the reckoning before he went away.
Tough about the reckoning, after Gardener had
c horses, and he replied, "I suppose I must pay it."
.4ok the horses on the London road, towards Andover—that
contr.ry direction from Peterafinger-gate. Gardener left my
- ten in the morning ; Jones did not leave it till he was
ly, which was after dinner. I don't exactly know
as left. A man of the name of Morrison came to me
evening, and I tnet Joe (Clements) in Morrison's
ten I came to the stable it was dark, and Morrison
walk in: Clements said, "Mr. Lambert, is thatyou ?"
re "How the reckoning stood between us?" I said it
thirty shillings—first asking him what reckoning he
replied, " What I ewe you." I then gate the
mentioned. The $4 shillings was for the horses
a nothing was said by either about the horses. Cle.
me two sovereigns. He asked me about a shirt and
he hart-left at my house, and requested I would toting
he bein, as he said, afraid to come up for them.
,tut ten o'clock at night, and Jones had Ewen appre.
two. I said nothing about Jones—nothing about
That is, I only said they are all gone to prison.
I have since seen the horses at the Red Lion ; they
prisoner t (lardener) brought to my house.
Reeves—l live with the last witness, and knew Smith
(Jones); they camito my mas:cr's house in the way
the last witness; the horses were taken away by Smith.
ts) came on Saturday, and George (Gardener) came en a
on Sunday morning. He and Joe breakfasted to_
about a quarter of an hour after the arrival of George.
Gardener an old saddle, which was put on the sorrel horse.
Smith went away I heard Gardener ask him if he should
want any 'volley. Smith replied, he would, and they then went in
doors gether. The saddle lent by Joe to Gardener came to my
master's on Thursday, on the brown horse brought by Tough
(Junes).
Robert Bruton.—l know Gardener ; I saw him in Exeter-street
in this town on Sunday, in a gig with a young woman; it was
about four o'clock ; he was going in the direction of the White
Horse Cellar, whither I followed him. When I arrived there I
did not find him ; but the young woman who had been with him in
the gig was there. I went to the New Inn, and thence through St.
Martin's Church-yatel to Peterslinger.gate. I ran at the rate of
eight miles an hour from Exeter-street. I had first seen the pri.
toner at a quarter-past four ; 1 lost sight of him for three quarters
of an hour, and came up wit him at Peterstinger. I said to him,
" You are the very gentleman lam looking for." " Are you ?"
said he, •' I have neither robbed nor murdered any body." I re.,
plied, " Perhapi so ; but I want you to come with me to decide a
cause." lie then replied, " Well, if 1 must I must," and he
came with me.

John Morrison.—l live in Green Croft-street, Salisbury ;my
stable is at Milford, near the New Inn. which is about a quarter of
a mile from the Whito Horse Cellar. I went to my stable about
ten o'clock on Sunday night, and shortly atter Joe (Clements)
came and asked to sit down in the stable ; I permitted hint, and he
then asked me togs to the White Horse Cellar, and tell Mr. Lam-
bert a person by the name of Joe wanted him. He gave me a halt.
sovereign to take to Lambert's to get a bottle of wine. He seemed
much fatigued. I went away to Lambert's house, first locking up
Joe in the stable. I got a glass of cider, and Mr. Lambert gave''
me a bottle of wine and bread and cheese to take to Clements to the
stable. Lambert came down to the stable. Clements cried out,',
" Hallo !" Lambert said, Who's that ?" and the other replied,
" Joe." Clements paid Lambert two sovereigns, and asked me to
take him to Devizes or Lldewav, promising me a pound for doing
so. I refused, end he said, " You don't earn a pound so easy every
day." He farther said, if be could-get to Lideway lie would take
a coach. I refused, and shortly after some peoplecame and appre-
hended him.
Mr. Cot- clamor—That Is my case, my Lord.
dlr. BINGHAM submitted, that there was no evidence to support
thrcapital part of the charge against Clements and Gardener.
Mr. Justice LITTLEDALE—As far as the original stealing la
concerned Gardner and Clements seem not to be inculpated.
Mr. COLERIDGE—The count of the indictment for receiving
the horses is not capital; but the prisoners Clements and Gardener
are also indicted for feloniously harbouring the other prisoners,
which is a capital ofience, and, under correction of his Lordship, 1
submit that charge has been established against the two prisoners.
Mr. Justice LITTLEDALE—I am of opinion the only count
applicable to the prisoners Clements and Gardener, is that for re.
ceiving the horses knowing them to be stolen, it not having been
proved that they harboured Jones and Smith.
The prisoners were called on for their defence, when—
Jones said I am guilty, my Lord, of having the horses In my
possession, but not of stealing then' ; I throw myself on the mercy
of the Jury, and your Lordship.
Sinithiand Clemente protested their innocence, and Gardener left
Ibis defence to his Counsel.

31r. Justice lATTLEust.E charged the Jury, who found Robert
Jones and John. Smith " Guilty of stealing," and Joseph Clements
and George Gardener " Guilty of receiving the borscs knowing
them to be stolen. _

Growe Billett and Edgard Billet: were put to the bar, Indicted
Gtr feloniously stealing a ;trey mare, the property of William Hall.
at Shipron-upon-Stour, on the 23d December last. It appeared
front the evidence of the prosecutor, who is a carrier resident at
Shipton-upon-Siour, that his mare was stolen from his stable on the
23d December; and that learning in the course of the month of
March following, his horse was in the possession of another carrier
named Pratt. who resided near blalniabury in this county, he ap-
plied tur, and on identifying re-possessed himself of his property.
The sale of the horse to Pratt was proved to have taken place on
' the morning of Christmas day, by the two prisoners, who sold the
animal for 111. lbs.
The Jury found both prisoners Guilty.
Judgment of death was recorded against the prisoners, but his
Lordship said as their cave was not one ofa very aggravated nature,
ihe thought himself justified in holding out to the prisoners hopes
of a nithgation ofpunishments.
1110 lIWAY ROBBERY.
___. .

nrm. Withers was indicted for feloniously assaulting and rob.
blog Wm. Webb on the King's highway, and forcibly taking from
Isia_person a watch, and other articles, his property, an the ist June,
st Broughton (Word. In this county.
Wm. Webb—(live at Broughton (Ilford, In this *meaty. Ire.
member the let June last. I was near
_aiy mutcr's (Mr. Smith)
gale on the evening of that day, when I was assaulted by the pri-
soner Withers, who struck me, and demanded my watch and,
money, which he took forcibly front my person.
Another witness deposed to haying met the prisoner near Mason
on the evening of the day laid in the indictment, when he can.
tioned witness to conceal the fact of having met him.

It was further proved that the prisoner offered the watch to a
Mr. Mitler, the landlord of the Brown Bear public- ;oust, as a
security for liquor.
The prisoner being called on for his defence, denied all know.
leth,le of the robbery. Verdict—Guilty.
Judgment of death was recorded against the prisoner ; but his
Lordship said, as prisoner was a youthful offender, and no very
aggravated circumstances attended the robbery, he might expect a
commutation of his sentence.
civil., SIDE.
Before Mr. Justice GASELZE.
IiEttRISH V. simatowas.

Thin as an action ou the cisaVibWacl;of contracts, brought
by the plaintiff Gerrish, who is ao innkeeper, against Simmonds
the defendant, a fanner. An agent of the latter had been authorised
to dispose of a quantity of oats for his principal, which he contracted
to sell to the plaintiff at the rate of 22r. the quarter. It was proved
that defendant's agent accepted a shilling thou the plaintiff by way
of earnest, to confirm the bargain.
It was attempted to be proved on the part of the defendant that
his agent was • person of weak intellkt, and on that account,
added to his havingreteived a hurt in his head, which rendered him
peculiarly liable to the effects of intoxication after having drunk
only a small quantity of liquor, was incapacitated from tnaking a
contract that could be held to be binding on his print' -id.
Mr. Justice User LiE—That is not an adequate i.atence fur any
man who had the folly to intrust such a person to act as his agent.
If the" defendant seta Imprudently in employing a person, who,
from incapacity, intoxication, wr any other cause, makers foolish
bargain, he must endure the consequences, which are not to be
visited on another party.
For the defence Simmonds'n agent was called, who denied hav-
ing entered into any contract with the plaintiff; and said, in answer
to a question from the cornett, `• at all events I leas blind drunk.
(A laugh.) I drank four pints of porter."
Mr. Sergeant VinDE—Would four pints of porter make you
drunk ?—" If you'd a quart in your head you'd know the thtlir.
erica." (A laugh).)
Mr. Justice OascLEw recommended that a juror be withdrawn,
' and tha suggestion was acceded to.

. ..

Smith and Jones, the prisoners at the I
manse horses. Smith rode a little dark
.art
www-hi,omesesce.
hJhownmees, rodewhi tictersyatnwat.t I.
which they
and a half. I had seen Smith before,
1 the prisoners, Smith and Jones, at tl
immediately recognised them. I else
day at Sportsman's
flail ; they were I
rode when they came to the Nelson on
• a saddle there, which was used by Sin
Nelson. When the horses came the
1111
isded cmdition, mach distreased at
Cat t-horse.
Mr. Joseph Foley reralled.—The t
Norton is forty-live miles. &alai% kt
worth to Devizes.
Timothy Newman.—l drive the ens
I lid soon Thursday week, the 7th i
17011418 from Dee I ZCS. I have known
Asa a child. I ens Smith in the coin
- hellion the 7th. They had three hor
rating a chestnut horse ; Smith rode
hone.
• You are certain you saw them to
liegh.)—No, the prisoners, Smith at
, bath together. I have seen the hone
vjasi sweet they were the same which I
pilioniff.
ti Wm. Corp.--I know the road froze.
ill • Wei Patominger-gate, which is about
- face/ PI Skit road at nine o'clock on
. whited with May, the keeper of the
r as Sunday, end May gave me it hand.
.11644 had beat stolen in Worcester.
samegatace of what May said I rode i
't shalt a "tarter of a mile from the
sisal. Swath was riding a bay horse,
WM a brown gelding. lie said be we
• aria tea question of mine. I remains
, fag ',Dish I esamlned the harm% and
i
a
Liotibeilm
-.,,,
...
. .
--..

- • . . .
•• t. • • • • • • •
. ilil.llollll. -...—...._....... _ ..* R. _.. —..--- where I attired
blli awsw.,_.end it wall aftertetarnad to me. Ile said, if I did not the handbill to
Ms dam kW that Ito would give me cash fo: it the nest time became when lie came u
ft Laftia..; bafterwands maw him, bat did Doe speak w him. John Barker-
lithes-enuained by Mr. D. F. Jose,— I was paid the difference Sportsman's H
o say till ft cub,. and, saw WI in the Hall shortly after he made I saw hint betwt
the porebus of me, acting in the usual was of internees. Horn. of July. Corp
denin llisiseine in my pareenoe as John; Cow. lie gave me a Smith shortly af
=Lend of his-addrats, adding, however, that he beta at II ud. a cart-Morse and
Id. I believed both to be correct. Bills of this kind are very handed him and
hilly way of business. ainined the hoe
oho lteynolds was then called and tea:Dined-1 am a weaver at lima in the hand
Manchester. to the owners, I
May Bans litraaoca—Hu a tekase been executed to this . John limber
tranvia? Milford, and li
Tb latch Gamed relied, that a release had been executed to George ((larder
Men by the prosecutor. smith, and the
After expressing some doubt upon the sufficiency of such a re- don't know she
Iwo, Mr. Baron Bullock allowed the examination oldie witness Tough came t
so be ?gnawed. horses with titer
Vitoria—l am a dry-saber at lianchuter, and never wrote the Gardener. The
narrokirtho Reynolds on tine bill. but be hanged i
yton examined—l am agent to the Guardian Insurance They drank tog
lioaftany at Manchester. The name on this bill purporting to be ing. They reel
adagio sot in my head. writing. I know no one of that name in I yet not very loci
'Alabaster in the cotton and woollen business, three times Loge
Rabat Derbyshire was a pidiceman at Manchester for the last on Sunday, bet
ma rank and knew no other persons of the names of John Rey- tap-room, and
tabu's& Tbane Langston, oilier than the Last two sitneues.! wished each nth
Btaboaerber burl fox 41 years at Manchester. I (tenet. talking to
The prisoner, in his defence, said, that he had received the bill course of the rot
InfOlalltioa, Be the way of his trade, as a dealer in cloth, from a note, which I h
pawn of the name of Ockeasoo, whoinforaned him that the bill while at breekl
wu as good as mold be. . I del so, becate
Mr. bee, the Attorney for the prisoner at the last Assizes, when employed Smid
his trial was polopoued, deposed that he made every exte..on to the homes; he i
and Ockeneon,• but multi not find hi:n till about we weeks ego, of Clements, be
wksollgain went to Manchester, and met him within ten 'Minot had not teen Sn
Oat toga. I got off the coach, seized him by the coUar, and told recommended h
inibi'he shook! come to York on this business. Be attempted to bad seen Cleme
airs, but I forced him on to Leeds, and endearoured to take before the latter
the air constable. I first asked a Magistrate at Hu& took away the 1
a bitn, but he said it would be better to take the sent. Smith di
* took Mai 10 Leeds, and on getting to the I spoke to Ti
ut . .
sekk .11airttaipe,fifichei'm' /lase
wwornatan
promote
saidute bsrutortthtt the hoe
flipte
morning,tolook forn is the caohtitottrtartye
tilii ,COnieh' ttd7atruldtreilnain thneatmar!'nuibnigic-whgehuleltwilesti t
iollillikein
resa pee. The Mends of the prisoner arc very respectable taken in custody
when Clements
Mg-. Baron Illtioneoca said the question for the Jury to decide on Sunday eve
, idastina the prisoner had tutored this bill knowing it to be stable. When •44try
the time of doing so ? asked me to xal
immediately returned a unikt of Not (hilly.
and asked me "
iegue primps'. was Ruin indicted for uttering another forged was four and thi
,to iielin Lipton, a clothier at Leeds, on the same day, for meant. He r
so,um ottweety pounds, knowing the same to be forged. answer already
Dia:evidence was near) the same as In the former caSe, with and men; but n
shit thircrtnce. however, t at the name of a third endorser upon menu gave me
It, called Bibby, purporting to live at Huddersfield, was never great-coot he ha
e koo tsk boo lived there, nor any individual of that name, at the them to him, hi
miof the negotiation of the bill, or at or after the time it be- This was about
doe, trended at two
Mr. Baton Htiteocc, in recapitulating the evidence, portico. Gardener. Thu
Lail veferyed this matter to the consideration of the Jury, who im. (A laugh.) I 1
lb duly brought in a verdict of Guilty.
it
are the same Sri
ars was a third indictment against the same prisoner for a Charles Beer
goblet Ann, but in consequence of this result it was not entered and Tough (Jot
MM. described by the
One of the persons charged with stealing a horse was found Joe (Clements)i
Osiary, bet the case requires no other notice than recording the black pony, on
iird;Ct. Nether within oh
AL tift Civil Site several cases were called on, and the parties not Joe lent Gorden
Ishii Toady, the Court Tose at half-past three o'clock. Before Smith w