The British Press; or, Morning Literary Advertiser.
London, England, 1803-04-26 00:00:00

OLD BAILE r.

MONDAY, APRIL 25.
Afore the Honourable Mr. justiet HxATit, Mr. Bared
THOMP6O/4, Etc.
FORGERY ON THE BANK OF ENGSND.
Peter Gregory was indicted for forging and utter-
ing as true a Bank Note for the.payment of one
pound, with intent to defraud the Governor and
Company of the Bank of England.
Ana Gooday said, she keeps the HAmpshirellog,
in Rosemary-lane. On the Ist of last March, she
kept the Boar's Head, in Exeterstreet, in the
Strand, where the prisoner came and drank some
liquor, in payment tor which ha asked if she could
change a one-pound note ; she said she would, and
desired him to . put his name on the tack of
it ; he threw it down on the table, and tile
witness called her sister to fetch a pen and ink ;
who did so, and placed it by the prisoner; she
did not see him write his name to it. The note
was some time after stopped at the Bank ; and the
witness asked the prisoner if he would pay it, as she
was sure she had received it from hiin ; she after-
wards, went to his shop, and he gave her goods ...-
stead of the money.
Cecilia Whitby corroborated the last witness.
Thomas Glover, Inspeetor of Bank Notes, said,
that Mrs. Gooday and the prisoner came to the
Bask to look the note which bad been stopped ;
the prisoner loused at the name upon it, and said it
was not his hand-writing ; he said he had not passed
a 11. note to Mrs. Gooday ;. if he had given any, it
must have been a 21. note.

...

Wihiani O'Loughlin said he was a groom to Mr.
Trent ; he knew the prisoner, having sold him
some old clothes. On the 20th of July last, wit-
ness went to Ireland with his master. On his return
he renewed his former acquaintance. His master
took lodgings in Bond-street, and the prisoner called
upon him, and said he was sorry he had not seen him
before his journey to Ireland, as he could have
given him something•that would have been of great
use on the med. Witness asked him what it was ?
He said, " I'll tell you to-morrow." The nett
morning he came, in company with one Warren,
and witness went with him into the cellar ; he there
pulled out a 11. note, and asked witness if two like
that would have suited him as well as those which
he took to Ireland : witness supposed they were
good notes, therefore said, " Yes,' He then said he
would give him twenty such for ten pounds ; witness
asked if they were safe ? lle said, " Perfealy so."
Three nights after the prisoner came to his stables
at Portland-mews, in company with Warren ; he
went up stairs, and Warren stopped below, and pro-
duced some notes, which the witness had in his
hand when Gregory came down. There were nine-
teen 11. notes. He asked Warren who made them ?
he replied, " I made every part belonging to the
plate myself, and Gregory filled them up." Upon
which the prisoner said, when he was sober, he
could forge any man's hand-writing in England.
Witness observed that the number of one of the
notes was badly done ; on which the prisoner pulled
out a good 11. note from his pocket, and sheaved
him one with the number wrote in the same manner,
observing " If they do them. badly we must do the
same." Gregory soon after called to borrow 1:el. •
and witness told hint if he would give a promissory
note he should-have it; on the 17th he brought the
note on Mr. Phillips, of Huni.,erford-market ; anti
witness gave him a bid of exchange for 151. on a
banking-house in Dublin.
The prisoner some time after came to the witness
at the Westmoreland Arms, the corner of Portland.
mews, and a conversation took place ; in the course
of which the latter offered him any money he might
want ; Warren said he would give him 147 of the
notes, which he had in his possession, for 401. and
would &duel the 151. lent to Gregory. Witness
asked if he should be safe in passing them ; the pri.
soner said he had passed twenty of them in Vane.
hall-gardens in one night ; another time, at a dinner
which he had in Highgate, he had taken in a farmer
by giving him five of them in change for a 51. note.
Witness again met them at the Worcester Arms,
where they gave the witness 501. in one-pound notes,
and said, that when they went out to pass notes of
that descripLion, they went at night to, a public..
house, where they usually retired backwards, and
there deposited them, fetching the same away one
by one, as they wanted them. Gregory told the
witness, a short time after this, that he had passed
a note to a publican, which had been stopped at the
Bank, with his name on it, therefore he hoped that
no papers would be kept by his friends that might
lead to a discovery, and if the witness had any, to
destroy them immediately. Three weeks after
Warren brought 97 notes to the witness, and said
that he had broke the handle of his machine, or he
should have brought many more. Witness said he
had not passed those he had already received, and
would not take any more, in consequence of which
Warren went away in a passion.
The witness said, he had paid for the notes which.
the prisoner had brought to him with his wages.
Ctoker, a police officer, brought the machine
which b•e had taken in the prisoaer's house, into,
Court ; there was every thing necessary for forging
the notes.
The Engraver to the Bank eiam'oeed the notes,
and said they were all forged.
William Hart, a helper in O'Loughlin's stables,-
corroborated that witness's evidence.
Mary Wheeler, the Landlady of the Westmerfe
land Arms, proved the prisoner's having been these
in company with O'Loughlin.
Mr. Trent said, he had paid his servant O'Lough,
lin with a note on the house of Messrs. Colville and
Co. Dublin.
O'Loughlin on being again eramined, said he had
been induced to turn King's evidence by the per.
suasion of Sir Richard Ford.
Several persons gave the prisoner a good cha-
racter.
The Jury retired for half an hour, and on their
return pronounced the prisone.—Cirslt) of utt,ring
the Note ittolvilis it to le forged.

)

/

At the lat?. Pontefraa Sessions the cloth supery
sore delivered into the magistrates the account of
the number of broad and narrow cloths milled :a
the West Ridin; of that county, for the last twelve.
months, when it appeared there was a decre.tse is
broad cloths of 13,046 yards, mid an increa,e ia
narrow Cloths of 190,2.20 yards.—Of broad, tt.e
yards manufaaured were e,tiSt4o46 ; of nasrow„

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roR K .issrzEs.

NAVIGATION CAUSE.
SMITtI IN COMPANY 01 WIT 1118.110OU

tipaCt Al. JURY.
This was an anion brought by le Plaintiff against
the Defendants for the damage his vessel sustained
in passing through Selbybridge. In the preamble
of the An which was obtained for the ere eon of the
raid bridge, it is there stated, that in the eredion of
the said bridge, there shall be no obstrudion to the
navigation of the river Ouse ; and in a clause in the
said Ad it is enaded, "That for the free and uninter-
rupted passage of all vessels upon the said naviga-
tion, an arch shall be made in the said bridge of the
width of at least thirty feet, and that there shall be
a moveable coming to the said arch, at which a per-
son shall be stationed, at the expence of the Com-
pany of the said bridge, to move the said covering
for the free passage of all vessels without lowering
their mists."
Mr. Serjeant Cocßstt, on the part of the Plain.
tie, stated the Atl at Parliament. and that the mas-
ter and his man ue beard the Plaintiff's vessel, called
out to the bridge-keeper, at the distance of between
two and three hundred yards from the bridge, that
they wanted to pass through, but that the bridge-
keeper refused to open the covering, saying, that lie
neither could nor would do it : that ilk consesuence,
the master and his man were obliged to have the
vessel to her own guidance, fur the purpose of taking
down the mast, to admit them through the arch.
The Learned Serje.mt J.() stated, that there were
several bolts which fastened the timber round the
pillars, one of which bolts, driven into one of the
pillars through which they had to pass, through the
decay or damage of the timber it was intended to
fasten, was become bare for sot inches; and that the
vessel in passing the arch had run against this bolt,
which staved her, and she sunk at the distance of
about 200 ards after she had received that damage,
and beingloaded with lime, the admission of water
amongst it, caused it to burst the decks of the vessel;
and for the satin-310km in damage which his vessel
had sustained, the Plaintiff brought this anion.
The master of the vessel and his man proved, that
about the distance of 2.10 yards they called out to
the bridge-keeper, in the language generally used
by watermen upon rich occasions, and that they
continued, with all their strength of voice, demand-
ing of him to open the. bridge, until they came within
the distance of 60 or 10 yards of it. when the bridge-
keeper said, he neither could nor would (pen it ;
that they were then obliged to leave the helm for the
purpose of taking down the mast, during which the
vessel steered out of her course and ran against the
bridge ; they did not know that she had ran against
any bolt, nor did they know she was damaged, until
die began to till with water, and sunk at the dis-
tance of about 200 yards above the bridge; when they
fund her sinking, they threw a rope on shore, and
used every endeavour to haul her upon shore, but
without effea ; the rope they threw on shore broke,
and they believed a cable was not strong enough to
have held her.
. Upon being cross-examined by Mr. PA 'IRS, they
said, that after the bridge-man had told them he
neither could nor would open the bridge, it was then
iniivissible for them to bring the vessel up ; they did
nut nor could see the bolt, for it was under water ;
they did not see two strings of horses passing over
the platform by which the bridge opens, at the
time the bridge-keeper said he could not nor would
let them through ; if they had been passing they
think they must have seen them, as the bridge has
atiopen battlement.

Four other witnesses were called to corroborate
the testimony of the master of the vessel and his
men. as to their repeatedly calling out to the bridge-
keeper to open the bridge.
Upon being cross-examined by Mr. Tomos°,
none of them raw two arir4,rs of horses passing over
the platform at that time, if there had, they all said
they thought they must have seen them.
A model of the platform was then produced in
Court, which appeared to turn upon a pivot by force
of a wheel and tackle : a model also of the damaged
pillar, against which the vessel ran, was likewise
produced in Court.
Thomas Lambert, journeyman to Mr. Wm. Sharp,
boat-builder. Knottiagly, proved, that he was sent
by his master to raise the vessel ; that after she was
taised, be saw that she had been damaged on her
third stroke from her gunwale ; that about a font and
a half tit- her plinks had been torn out, and that
there was no other damage in the vessel that could
have occasoined her sinking; he looked at the pillar
against which the vessel had received her damage,
and found a bolt about two feet under water, com-
pletely bare f vr six inches, and projelting into the
current ; he was certain that that bolt was in such a
situation as to do the damage to any vessel that
might ram against it, equal to what the PlaMtirf's
vessel had sustained ; that it appeared to him the
damage had been done by that bolt.
('pm being crow-examined by Mr. Toe, lite, he
said be did not see in the river, near where the vessel
was sunk, any stone-bank upon which she could
have received her damage ; if there had, the da-
mage must have been near her bottom ; it could
wit have been on her third stroke from her gun-
wile.
Mr. Sharp, of Knottingly, proved having repaired
the vessel in consequence of the damage she had sus-
tained • not look upon Mr. Westerby as a part-
ter with the Plaintiff ; Mr. Westerby, ordered the
repairing of the vessel, and at the same time said
he was desired to do so by Mr. Smith.
Mr. Pa SK IL, OR behalf of the Defendants, then ad-
dressed the Jury : be stated, first, that the Defen-
dants had completely conformed to that clause in
the A 8 of Parliament, which ordered the leaving of
an archway of 30 feet wide ; for it was not only 30
feet wide, but 31) feet and six inches ; that the bolt
which was said to have done all Ail damage, was
not six inches bare, and did not infringe upon that
space which the Ail had prescribed, and therefore
the Defendants were not liable to the damage this
vessel was said to have sustained from this bolt ; but
even admitting they were, the Learned Counsel
said, that there were two strings of horses upon the
pbtforria at the time this vessel wanted to pass
through the bridge, and of which the bridge-keeper
gave sufficient notice to the master to have enabled
him to have brought up to shore; the Learned
Counsel-said, that under such circumstances, if the
bridge-keeper had removed the platform, he must
have precipitated 15 horses and two men into ti.- ri-
ver ; and he hoped the Jury would nut liesitateeorie
moment in Waling' that the bridge-keeper did what

was his duty, rather to hazard the damage of a yes-
sel, than to hazard the drowning two men and fifteen
horses; that therefore the Plaintiff could not support
this action under such circumstances.
The Defendants then called the bar-keeper, who
deposed, that there were two strings of horses passing
over the platform, at the time that the master of the
vessel called out to open the bridge, and that it
was impossible for him to turn the bridge on ac-
count of these horses.
Two other witnesses proved to the same erred.
Mr. Serjeant COCKELL then again addressed the
Jury, and rested much of the Plaintiff's case upon
the Aft of Parliament ; he said, that though the De-
fendants had brought forward three witnesses, one
of whom was certainly an interested one, namely, the
bridge-keeper, to prove that there were two strings of
horses passing over the platform at the time the mas-
ter of the vessel called out to open the bridge, yet
the Plaintiff's witnesses did not see any horses pass-
ing at the time, which they must have done had
the f.s been so, therefore the Jury would take into
consideration the degree of credit to be attached to
the respeetive witnesses.
The Learned Judge then recapitulated the evi-
dence to the Jury, and observed, that under the
Ad of Parliament the Defendants were certainly
hound to open the bridge to all vessels ; but whether
it could or could not have been opened at the time
two strings of horses were passing over the plat-
form, or whether that was antlally the case or not,
most be for their consideration.
The Jury returned a verdict for the Plaintiff for
the damage the vessel had sustained, and the value
of the cargo.
Counsel- for the Plaintiff, Mr. Serjeant Coekell,
Mr. Maud, and Mr. Wood ;—for the Defendants,
Mr. Parke, Mr. Topping, and Mr. Clifton.

IRELAND.

NAAS ASSIZES.

MONDAY, APRIL

Malachy Drlanj, gent. was tried on three different
indidments, charging him with three several mur-
ders, viz.
First, For the murder of Geo. Alcoa ; secondly,
for the murder of Thomas Young ; thirdly, for the
murder of Moses Burrows.
Sergeant MOORS stated the case for the Crown.—
He admitted the gracious and merciful constrmtion
of the King's pardon, sanctioned and secured by
an ad of the Legislature, operating on all persons
concerned in the late rebellion, with exceptions to all
concerned in voluntary and deliberate murders, and
all persons who had ailed in the rebellion as Gene-
rals, Majors, Captains, or Leaders. The prsoner,
he stated to have been a Leader, and that. with the
power of life and death in his hands he permitted
the murders of Young, Alcock, and Burrows.
Young was murdered in the Court-house—Alcock
attempting to escape failed, by horse baulking a
()
leap, and he, falling, was killed—Burrows was a
killed by the rebels. In law all concerned are
equally guilty with him who gives the fatal blow,
and it would appear that the prisoner was aiding
and abetting all these murders.
Joseph V. hitaker was in the Court-house of Nar-
ramore, with Young, Alcock, Jefferies, Ash, and
others, to the amount of ten ; saw Delany that day
riding towards the Court-house ; Jefferies desired
them to conic on ; Peter Delany came on, but the
prisoner lighted and was running away ; Jefferies ,
ordered the witness to fire on him, which he did,
and then the prisoner gave himself up. Jefferies
asked him was he Capt. Delaney ? Delaney an-
swered he was ; I am glad to meet you, said Jefferies,
and put him into the Court-house as a prisoner.
Soon after the houses were on fire ; heard shouting,
but saw nothing done—when witness got out, he saw
the prisoner going up and down among a party of
rebels. lie saw Thomas Young dead in the middle
of the road; saw him dead on his coming out, but
did not see him ;11ed ; nor did he see Moses Bur-
rows killed, but saw him dead ; saw the prisoner
take some authority, but heard nothing ; there were
near .500 rebels, and they marched off towards the
plantation of Narramore.
Cross-examined by Mr. CCRRAN.—The rebels
were opposing the King's forces, and amounted to
.5 or tioo. There was battling between them. The
prisoner was dressed in black, was unarmed, and
wore a round hat. The disturbance began the '23d
of May. l le fired one shot only at the prisoner,
and knew hint. Knows the prisoner was under the
title of Captain Debut), before the rebellion. The
Delany, were the only prisoners in the Court-house.
The rebels attacked the Court-house; shots were fired
from both parties. After this battle he saw Young
and Burrows dead. Delany was in the Court-
house during the battle. The persons killed were
doing their duty by resisting the rebels. Witness
came out as soon as the battle was over ; the rebels
were then all about the Court-house, and shortly
after marched to the plantations of Narramore.
Jane Alcock and Elizabeth Cooke were in the Court-
house.
Darby Keogh, examined by Mr. BARRINGTON,
deposed, that in May 17!18, he lived in Narramore ;
WAS in the village on the :;3d—knew Thos. Alcock,
Young, and Burrows—saw the two first in the
Court-house with him—Whitaker, Jefferies, Ashe,
and others, were there—went there to protect them-
selves--they had arms. Here he identified Delany,
and raid he was brought in a prisoner with his bro-
ther, but they had done nothing. D.lany had been
called Captain before the rebellion—the house took
fire—Delany and all came out—there was much
firing on both sides—did not see Delany do any
thing whatever injurious to any person—Delany
went away with the crowd towards Narramore,
and went on foot—it was after they were disarmed
the men were killed—they surrendered in the house,
and were there disarmed—witness treated on the
part of the loyalists—the prisoner said, as far as he
could, he would prevent any of them from being mo-
lested—did not see the prisoner hold any commu-
nication with any person outside.
Cross-examined by Mr. *Nat LY.—Said he and
Whitaker treated with the rebels—Delany interfered
as a mediator—he promised to proted them as far
as in his power from violence, and did not in any
way appear to instigate the rebels to ads of cruelty—.
the rebels were an uncontrolable multitude, on
whom no individual could have controul, or any
great influence—die prisoner was shot at previous to
his surrendering a prisoner, yet did not do any ad
that looked like resentment to the person who fired
on him, or any person else—he was in plain
clothes, and unarmed.
Peter Machismo was at Narramore on the 23d

•
of May, l 798 t-he was brought out of his house a
prisoner—saw Delany, who seemed rejoiced at get-
ting his liberty. but did not hear him say any thing
—he saw him pass to and fro among the rebels on
foot ; witness was brought to the plantation of Nar-
ramore, and before that he saw Delany po off
with a party of the rebels-.slid not see him on
horseback that day, nor had he any weapon in his
hand.
Cross-examined by Mr. CLAN K s.—His apparent
joy might have been for having escaped the flames—
the houses remained burning after the Court-house.
fire was extinguished.
Joseph James, examined by Sergeant blooar..—
Saw Mr. Delany made prisoner; the prisoner was
released by the yeomen, on condition that they
should be saved; Delany remained with the mob—
after a time, saw him at the wood on horseback, wit-
ness being then a prisoner with the rebels. Delany
rode on the left, going the same course with the
crowd—were was no other horseman—saw Young
that day, but not dead—saw Moses Burrows drag-
ged from his own house, and saw him dead—this
was before the party left the Court-house, and while
Delany was a prisoner—he was then brought pri-
soner to Ballitore, but did not see Delany after they
had passed the wood of Narramore—did not see De-
lany do any injury in the course of that day, nor had
lie arms or weapon with him.
Cross-examined by Mr. Cuilit IN.—Burrows was
killed while Delany was a prisoner. Delany said he
would do every thing to prevent mischief. The mob
were riotously and promiscuously running through
each other—the mob must have had a design before
they came to Narramore. •
Robert Cooke (examined by Mr. notway )
saw the rebels at Narramore. There was fighting, and
Young, Burrows, and Alcock were killed. lie saw
them alive and dead, bleeding on several parts of
their bodies. Saw Delany there. Orders were given
to take the Delany's prisoners till the state of the
country was known. They were committed to the
Court-house. Saw Delany after pear the Court-house,
coming from it, the rebels being then there in great
numbers—neither heard him say, nor saw him do
any thing.—No cross-examination.
Joseph Jackson saw a man, named Jefferies, dead;
this was a week after the battle—he was bleeding at
themonth and nose, and every where bloody, lying
in a ditch, without his shoes.
James Allen, Esq. a magistrate, looked on an
examination taken in June, 1796, and proved it was
sworn before him.—Cross-examined by Mr. Cu u e
-

He declared he never saw Jefferies before he swore;
he was a remarkably diminutive man, and was drum-
major to Major Rawson's corps. One Corry also
swore informations before him. Here the witness,
in answer to the Court, said he might have mistaken
one of those men for the other—but the little man
was the drum-major.
The informations of Jefferies were then offered in
evidence, and the receiving themsas such was oh-
jeCted to, and argued by the prisoner's Counsel, on
the ground that there was not sufficient evidence of
his having been murdered or put to death.
The Court over-ruled the objection, and the in-
formation was read. It went no farther than to
shew, that the persons before named were killed at
Narramore, and that Malachy Delany anted as a
captain of the rebels.
James Allen (examined again by Mr. MN* T. L v),
said, the examinations were not drawn in his hand-
writing, nor in his clerk's, nor could he tell whether
he read them, but he heard them read.

Mrs. Mary Chambers saw the rebels, and the
prisoner riding in front, at Ballitore. He was not
armed, He asked for spirits and water for the men,
the rebels being then with him. She sent for water,
mixed it with spirits and gave it to the men. They
then went off, Delany riding before them—he said,
you see how it is, Mrs. Kathrens, which was then
her name.

by Mr. Cuaaaw.—This was af-
ter what passed at Narramore. She did not see the
prisoner instigate to any act of violence, and believes
individuals of the mob might have done arts of atro-
city from which no person could restrain them :
She knew the prisoner two years, and from her know-
ledge of him she did not believe him capable of a de-
liberate murder, and if such was committed, she be-
lieves it was without his knowledge.
DEF eNcE,--The prisoner's Counsel offered the
Amnesty Al in evidence, explaining the intent of
the Crown in passing it, and the legal construCtion
to be put upon the exception from pardon of persons
committing " deliberate and voluntary murder."—
The Court admitted the a& as evidence.
Jane Alcock was then sworn.—She was in Narra-
more the 23d of May, 1798 ; saw Mr. Delany there
a prisoner ; her husband was a yeoman, and killed
there, and is one of the persons for whose death the
prisoner was indicted; she heard firing before she
left the Court-house ; that her husband was killed,
and the firing did not continue after Delany got out
of the Court-house ; it was in a field her husband
was killed.
Cross-examined by Mr. Jo is N ST ON E.—Never heard
that Delany was a leader of the rebels, or that he
was a rebel, or for what he was confined ; could
not say whether her husband lost his life by a gun
or by a sword.
Here the evidence closed on both sides.
Judge Dowans, in charging the Jury, explained
the meaning of the Amnesty Al. If the persons
killed were killed in open warfare, however unjust
that warfare was, those concerned, though mur-
derers at common law, vet were pardoned by the
statute. Therefore, if the Jury believed that Young
and Alcock were killed before the capitulation, the
prisoner could not be affeeted ; but if they were
put to death after having surrendered their arms,
and the prisoner then was a leader commanding and
abetting, he was guilty of murder. As to the ex-
ceptions from pardon in the a& of Generals, Majors
and Captains, it would be difficult to prove such
titles in the rebel army ; but if the Jury believed
the prisoner was a leader, having a command in the
rebel army, it excluded him from the benefit of the
pardon.
He then remarked, Delany was a prisoner during
the fight, that he was not armed nor in uniform,
and that there was no evidence to shew a pre-con-
certed scheme betwem him and the rebels, or that
he knew of thei: oming to Narramore. It re-
mained for the to consider, whether the parties
killed, were kil!e•1 before the prisoner came from
the Court-house, cr after they had surrendered, and
whether at the tone they were killed, he had a com-
mand.
The Jury retired fur half an hour, and then re-

turned with a verdia of—Net Guiiy, on the three
seiveral indictments.

TUESDAY* APRIL, lg.
This day Mr. Delany was again put to the bar,
and arraigned for the wilful murder of Mr. Yeates,
at Ballitore, on the 23d of May, 1798.
Mr. Serjeant MooRE, on the part of the Crown,
said, he had consulted with his friends, Mr. Bar-
rington and Mt. Ridgeway,
.and they coinciding in
his opinion, that a prosecution could not be effec-
tually carried on, they had determined to proceed
no furtherr A Jury was then sworn, the prisoner
given in charge, and acquitted of course.
The Judge then said, 46 Sir, of all men, you
must acknowledge the excellence and humanity of
the British Constitution and British Laws. Let the
prisoner be discharged."
Counsel for the Crown : Messrs. Sergeant Moore,
Barrington, and Ridgeway. Agent, Mr. Kemmis.
For the Prisoner : Messrs. Curran, M‘Nally, and
Clarke. Agent, J. T. Bell.