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justified in refusing the evidence. He should therefore admit it
but he should, at the sante time. give the plaintiff leave to move
the Court en the subject, should the result of the trial render it ne-
cramarv. lie thouttlit proper to remark, that, in the second case,
Jusdee Le Blanc had considered Lord Kenyon's decision as
an innovation, and had declared that he was not disposed to extend
it. Cis Lordship concluded by saying that this was another proof
of the evil rerultim: from the report of Nisi Prius decisions. It
would be a mat public benefit if they were all swept away.
fier ant l'ELL—And such long records with them, my
(A 1-ugh.) . . .

'l'he J i:STIcs assented, and said. that he trusted this
eas t wocid at leapt sweep awry two of those d:cisions.
Th;. tivf. mlant was then trlmitted, but his Lordship strictly con-
Er.ed the 0. fondant's Counsel to an examination of him, upon
grnunds ,zt;ng to defeat the action, and not to diminish the damages.

The Jury ultimately found a verdict for the pleintiff—Diumiits
$O/.

Mr. Sr7rant PEr.r. and Mr. STEENS appeared for the plaintiff;
Mr. Scri:cant VAUGHAN and Mr. Du aT01( for the defendants.

OLD BAILEY, SATURDAY, Dec. 4.

Before Mr. Baron 11n.Locr.
ARSON.

Job,, Clark, aged '9, oiln;an,wasindieted for maliciously and
foltn;'.onely 'totting lire to a certain dwelling-house, with intent to
defraud the Ifirectors of the County Fire Office.
Pie. C. 111 tI.LITS opened the pleadings, and Mr. BRODERICK
stated the cue to the Jury, in which he detailed the facts deposed
to by the following witnesses. The Learned Counsel, in address-
ir.t.; the Jury, admitted that the case mcinly, though not entirely,
rested upon the testimony of Mrs. Bird; her character had been
inquired into with the utmost scrutiny liy the agents cf the prose-
cutors, and they found she bail lived in the neighbourluxid of the
prison.? n years with credit ; but he would not cone: 1 the fact,
that they found she was not needed to the man sbe Used with.
This circumstance would have that weight in the minds of the
.fury, in favour of the prisoner, which it fuitiv deserved: her evi-
dsnee would be tut:tingly confirmed by the evidence of s witness
r.an:ed l'attersun, and by the contraUictory statements of the
prisme,.
Mr. Charl,..a Ackland. surveyor, of the County Fire (Brice, sworn. '
The day after the fire. I saw the prisoner • I asked aim if he could
account for it ? Ile said he could not. lafterwards examined the
premires. IA plan pm in.l The length of the shop was 21 foci 3
inches, and the bread th 14 feet Ii inches sad a half in front, arid at
the back 15 f,:t 7 inches. The prisoner told me that a man brought
him a ev.tilo, :all remarked to hint at the time a strong smell of
gas. lie said he was hthirti his counter at the time the fire burst
out front under the ?taint with ;Teat violeree; that he jumped over
the counter, and the shock was so great as to deprive him of his
senses. The prisoner said, that under the stairs to the cellar there

were a hiirrel of pitch, a barrel of kiichentstufr, and a barrel of
lamp.blat Icor it h a carboy of turpentine on each ; that Mrs. Elbert,
who lived at No. 2% came into his shop &short time before the fire,
and said she smelled turpentine; that he told her he had sincllial
something of the sort. aid he and the tallow.ehandler's boy had
horn down in the cellar to learn whence it proceeded. Ile also said,
that his own hop, at the time the lire broke out, had gone over the
way for a lantern, and that lie was alone in the shop when the lire
brae out. Ile told me. that lie considered he was insured for
1000!., the day after the lire, and before he produced his policy.
These two papers were rent to the office by the prisoner; they con.
fain an o iecuatt of his cock. In the nceount, be claims for 07 bar-
rels of dill' rent descriptions, and 130 gallons of pickles. The
prirntier told me the pick! A were his own make. Ile also claimed
Fn 4C5 gallons and a halt of oil, 17 gallons and a half of catsup,
1".7 cwt of white lead, and ;term ot kitchen stuff:
Cross-examined by Mr. ALLEY.—This account was furnished
by the prisoner from memory, his books being destroyed. There
ass a little room at the bask of the prisoner's shop, part of which
remained standing after the tire, in which some of the stock might
have been deposited. The prisoner's claim amounted to 6141. A
person cannot obtain any remuneration foe loss of good-will,
business, &c.
hiophia Wood sworn-1 reside at N 0.4. Dorringtonistrcet, Lea-
ther-lane. The prisoner lived within a hundred yards of me. I
have gone by the mane of Hied for about five years. On the night
of the lire, I was going to the Cheshire Cheese public-house, which
is nearly opposite the prisoner's house, and 1 crossed the street to
call at c 311 s. Pearson a, to look at a bonnet 1 hid spoken to her
Precious to nty crossing. as I stood close to the Cheshire
Cheese, by which house there is no lamp, I saw the prisoner stand.
ittg at his shop-door, looking up and down the street, he then weut
in. 1 crossed the road, and on going over, my intention war at-
tracted to a sudden glare of light in the prisoner's shop. I looked
into the shop, through the door, and saw the prisoner stoop down
on the Coltthath-fields side of the shop, with something in his
hand, which appeared to 131 C to be a piece of brown paper. lighted.
The prisorer stood at this time near the parlour, sad the dames
Instantly rushed into what I call the putty-shop. I eriel out
•• Fire !" as loud RA I could, and went home sad gave an alarm.
I told Mr. hind what I had seen the pristine? do ; and a long while
after, 1 communicated to the Firc Office also, but not till an inquiry
was made ot me, and then I was summoned to flaw-street.
Cross-examined by Mr. Anonrit us—l am not marrieJ. Mr.
Bird is a married man. 1 saw this about ten minutes after eight.

. -
The prisoner's shop was open the doing business. It is st popu.
loos neighbourhood, and many persons constantly passing. The
lamp" were lighted, and there was a light standing on the prisoner's
counter. There was a gas.lamp nest the prisoner's house. I told
Mrs. Pearson of the conduct of the prisoner next morning, and two
or three other lemons were present at the time. I told them it was
wilfully done ; but I slid not say that the prisoner wilfully had
done it. Mr. Bind told me not to say so. I did not tell Mr. Bar-
ber Beaumont of it till he bail seen me several times. Mr. B. was
about to take Inc as a witness in an arbitration between the office
and the prisoner, anti then he NOW, I had better tell the whole of
the truth about the prisoner setting his house on tire." Mr. Bird
is in the hardware line ; he sells guns and pistols. He hag no
stack, but he buys in Birmingham and sells again. Mr. Bird has
lived in 'Perritoonn.iarest fur four or five years. Nowhere else
since he left Ur. Jones's. I do not mean Mr. Jones, the
keeper of the King's Bench. 31r. Bird was not in the Bench. He
was in White Cross-street three months, and took the benefit of
the Insolvent Act within the last year. I don't know that he hu
bought or sold pistols sire° his discharge from prison. I swore in
my deposition at Bow.street, " that 1 was the wife of John Bird,
of Torrlngtomstieet." This was not true. I have been in the
prisoner's shop, but did rot notice what steck he had. I hase Ire.
queenly told difrerent persons I was 31r. Bird's wife.
Ile-examined by lire BmollFatc li—Then ODD no person pass.
ing down the street at the time the fire broke out. 1 told no one
that I saw the prisoner set lire to his house, except Mr. Bird, till
I communicated it to Mr. Beaumont. I said to Mrs. Pearson and
others next morning, that the house was wilfully set on lire; but I
did not say by whom.
Ann, the wife of John Pearson. saddler. of Mount Pleasant,
sworn—l know the prisoner. and dealt at his shop. The evening
alter the fire, the prisoner called at any house, and took a seat. I
said to him, " t an you say how this happened ?" lie replied,
" I was standing be'end my counter, counting some money, and •
spark front the candle must have dropped in the saltpetre, and it
exploded, and gave MC a dreadful blow on the side, and how I got
MI 1 can scarcely say." lie also said, " reduced: my stock eon.
siderably some time ago, but within the hod month I had increased
my site k very 'mien" In the course of last summer the prisoner
eau :lame:( of the badness of business, and said he must leave the
neighbourhood. I sew 31rs. Bird the day after the tire, end she
spoke to me: the subject of the conversation was about the lire.
Examined by 3lr. ALLEY—And it was the subject of the whole
neighbourhomi's eanvermtion.
Mary Ann Patterson sworn-1 live at No. 15, Mount Pleasant,
opposite the prisoner. On the night of the fire I was at my window,
and saw a elating light. I leaked through, and saw the back part
of the prisoner's shop on Me. and insotatly the prisoner came to the
shop duar in a light-coloured dregs. Two men mine up., and threw
mope into the fire, to put it out, and I went &way. IVithin three
minutes before the fire, I went to the prisoner's shop to buy sonic
catsup, and could not get any ; Mrs. Clarke said she had none.

Crtiss-examined—Ciruke';Wouse is not opposite to the Cheshire
Cheese. The public-house is opposite to .Mrs. Pearson's.
John Llord—l sin a corn-dealer at the corner of I.iquorpond.
street, Leather-lan:. Afire the fire was over, on the same night I
saw the prisoner at the house of Mr. Curgess, the lessor of the
house, in the parlour. The prisoner was greatly agitated, CHU-
pktely unnerved, and I g2TC Lim sortie liquor. I asked him how
the lire had happened; he said a carboy of turpentine had burst
in the cellar, and that he went down with a candle in one hand,
aad a barrel of gunpowder in the other, and it blew up, I said that
I should have thought he would have been blown up, or his hands
very ninth injured ; I linked at his hands, and saw a mark of a
trifling blow on tlw beck of one of them.
Juror—Were his hands blark at all P—No.
Nor his clothes burnt'?—Nut at all.

Cross-examined by M r. A no 1. rit va—Therrivaner waifs° dread-
fully agitated, that I believe he did not kuun at the time whut lie
said.

Thomas Webster sworn-1 reside at No. 6, Mount Pleasant. I
heard the cry of fire on the night in question, and went to the poi•
soner's shop ; the prisoner wits not there. The lire wan at that
height it was useless to attempt to extinguish it. I did not s-e
Clark that night. In about a fertnight afterwards I met Clark,
and said, " I understand you mean to sweat me." Clatk r.'plied
timt I ought not to hove ayolien ill of his charade,. I told hint I
suspecied him as a neighbour, and asked him how it was he did not
we-n his lodger? win n the fire broke out. He erotic'', that an ex_
t.:m.4ln tock ;dace and knocked him down, and he was taken away
by two genii. rico quire insensible.
Thomas Eglwrt sworn—On the day after the fire I saw the pri-
soner on t!.. ruins; I said to him, where were you when the tire
brok- out P Ife said. " I was behind the counter, counting some
motley." I /Irked hint. " where he first NMI the flames P" he
" on the copo.:to side, nest the stairs." I said. •' for fiod's
sake. Mr. (dark, wie u y.. 1! got out or your horse. why did you
not ►t,otk at my 'maw, ma! alum the lodgers." lie made no
reply. I said, " %Ili re IQ you go to on leaento your house ?"
Ile said, " I went run to the Cheshire Cheese, and was so fright-
ened thwt thq km
y /r.ALLEY.—The prisoner had conTertcd his
yard into a tare-mom
Ann Ilmokshank sworn—l live newt door to the prisoner. I
wen to his shop between the :7:11 art! 20th if November Ere. and
asked hint for i:e pickles—onions and gii kir% lie allowed me
rotor stale 0:115, mi I said they would no: ite, as I wanted this
yo,tr's pickles. Ire raid he had none. (In the iii;;ltt of the fire I

. .
We:". 11 hi+ .ht"., Ilurchttst•urne rardl,..a. end I was a!ruv!: with
the v..ruity ,ftce t PO much sa, that I thoullet at tir,t I had
nn:tn:tu ttic uhno. 1 scarce), saw any thing dint uv.4 to In in it.

Mr. Clark appeared to be in a state of stupor. He appeared to be
in a state of petreflrrann (trepidation we suppose).
Mr. ADO irn us said, " This lady is too finc spoken for me to
cross-exan.ine."
J. Glanville sworn—l was a lodger in the prisoner's house. I
went home to my wife and fsmily on the Light of the tire, about 7
o'clock, and smelled what I thought was turps (turpentine). A
littlestftcr eight o'clock I Picard the cry of " Fire." This alarm
war from the otttsitle of the house ; my wi!n got out on the leads; I
tried to save some of my petls, and war burnt in the attempt, so
as to be laid up for a fortnight. Clerk was in the shop when I went
of out of my window by means of a ladder.
Sarah Glanville. wise of last witness, sworn :—I was at home on
the night of the lire. Alallt three o'clock that afternoon, I smelled
turpentine. The prisoaer is a married n:an ; his wife had kit the
house a week cr more berore the lire. The prisoner had mishap-boy.
hare rot seen him since. 1 bare frequently been in Mrs. clark's
sl-morn ; clout tiirec months before the lire, I saw no MACS in
boxes therein.

Cross.exandned.-1 did not speak to Mr. Clark about the smell
of the turpentine.
Ann Davies sworn.—l c in Torrington-street ; was in the
prisoner's shop about half MI hour before the tire broke out. I re.
member a very strur.g smell of turpentine, and asked him if he was
not afraid of *fire? he *did he was. I a.ked him why lie did not
look ? tc again said he wasafraid. I said, have you no gas ? he
said he hat; nut.
Cress.examined.—No person came into the shop while 1 was
the

J..mes Abbot ,worm—l am an auctioneer, and was employed in
the arbitration. I beard the prisoner make his ch for pickles.
Ile said he hr.d four gallons and • half of Metall11; a ()wonky
of gitkins, French beans, &e. and all the pickles were of this yearfe
growth.
J11:11A Smart, Engineer to the County Fire flffice, sworn.—
About half-pest nine o'cleck, 1 arrived at the prisoner's house ; the
roof bad then fallen in. I reinair ed there all tight, and till the
next evening ; during that time nothing of any bulk was taken out
of the ruins.
Charles Coyne swum.—l tack charge of the ruins from Smart.
On ticedr.esday morning the prisoner came to the premises and
took away two grates. some le Id, a half-lartmt fender, and some
pitch. I went into the cellar and found things burnt at the bot-
tom ; I saw four casks in the front cellar unborn( ; I saw no car-
boys there, nor the remains of Mein. I saw four chain unbung
lying in the front shop.
Cross-exan.ined by Mr. A t r.w.r.—The house fell in from ton to
bottom. The place wall in such coaiusion that I could not tell what
was burnt here and what Mote.
Ile-examined by Mr. lin trmnicx.—Part of the shop fluor re-
mained ur.lntrnt. I saw co.+. in the cellar.
Richard Burn.--I rereirsd charge of the rains from I.:st witness. '
The shop Soar was burnt so much as to admit a niz:l'a leg. I
found in the cellar cash containing pinnmiee-stone ; atm' I cwt.
of soap, and some treacle; also a child's cradle; smite coals, but
no carboys. On the shop flour, I saw four or live casks of siti.Oe-
Ind partly burned. 1 did not see ten casks altogether. Swine of
them were ten gallon cask.:.
By Mr. Baron II t: ct.oc x.—They had been removing things be.
fore I had charge of the ruins.
John Upson sworn.-1 am • flow.steret officer ; I apprehended
the prisoner on the 13th of October ; I found a pocket-book on his
person containing papers. Ile produced them.] They consisted
of bills fir single dozens and larger quantities of candles. purchased
by him between June 111th and ..•;ost 14th ; in all only 17 dozer
of candles. Also an order from IL P. Powder, dated Ihrtober 9,
which the prisoner had not trar.snaitted.
Mc. B. Beaumont.--1 am Managing Director cf the County Fire

rovi-examined.—After this calamity the prisoner and the of
agreed to an arbitration. There was only one meeting at which the
prisoner stated h:e CAC. A stun of 2.Ut. Ives paid un 1116 rODCT•
!le mule Inquiry previously, and the money was paid on the build.
intLelaim. _ _

Ile-examined—l do not thin:, I had any comenunicatioa with
Mrs. Bird before I paid the 2.-.01. to the prisoner.
Sophia Wend, at the request of Mr. Anot.wurs, was recalled
and examined by the tire was burning, I was stand.
ing at my window with Mr. Bird and Mrs. Turner. I do not know
I was on terms of intimacy with MIS. Turner. I ant not so now.
Mrs. Turner did not say to me " What a shocking tiling tire is;
I can scarcely Inhere any one can be so depraved as to set their
home on fire; for when once it commences, no one knows where it
will end." I only said to her " there is a lookinglJavi going by,
if any one threw a stone, what a smash it would make." 1 never
said, " God bless my mull Clark looks quite a thifennt man ; I
shoald not think he would act his house on tire." I nerer heard
that Mrs. Turner had raid that this conversation had taken place.
I have not applied to any parish for relief.
The prisoner put in a written defence, in ahich he declared bis '
innocence, and said he should call witnesses to prove it.
Twenty-six witnesses were called for the defence, who generally
deposed to the alarmed state of the prisoner on the discovery of the
tire, and of his shop being well stocked with goods. A. boat of
witnesses were also called to character.
Mr. Baron linexocx conimenced his charge to the Jury, but
before he bad got thmugh the evidence for the prosecution, the
Jury expressed themselves satisfied of the innocence of the pri.
goner.

The Jury then returned a verdict of Not Guilty, to the apparent
sat i.fection of a very crowded Court.
The trial lasted irons ten in the morning till late at night.

NEW COURT, SAT CRDAY, DEC. 4.

1144 w Labitter, a man of most respectable appearance, who
kept the Dolphin Tavern, on Ludgate-bill, was inflicted under a
statute of the 4th Geo. I. for taking a reward fur the returning of
stolen goods.
By this statute, any person taking a reward, under pretence of
helping &party robbed to the goods he has lost, is li.ible. to be
pumahed in the same way as the party who stole them. 'utter this
statute, the only permns ever tried were the notorious Jonathan
Wvlde (who was executed for the offence) and two others.
Mr. Baormatcx, who conducted the prosecution, stated, that
he did not intend to call witnesses to support the charge, as he was
not in a situation to prove that any part of the atolen goods had
been in fact returned, which he believed was necessary to support
this indictment.

The tostmou SERGEANT intimated it to be his opinion, that
If the pritoner received the money undera pretence that he would
get back the goods, the offence was complete, whether he did so or
not: but he would consult Mr. Justice Bailey and Mr. Baron llul.
lock, who had not left the other Court.

The Cost 310 X SE NIG u.twr having retired fora few minute!, re-
turned, and said, that it was considered that the ease ought to
proceed.
Mr. BRODERICK then briofly stated the case.
Mr. Crampin, who stated that he was in partnership with a per.
son named Charlesworth„ and that their warehouse had been robbed
of silk goods to the value of about OW. and that in consequence
of a request from his partner, he called on the prisoner at the
Dolphin, who said that he could get the goods back agaM for t!Otd.,
and that he must have thirty sovereigns to give to the thieve!: he
mentioned Ikey Solomon, and Ohl Crowder as persons having a
share in the busineoi ; and on the witness observing that the thieves
might take the thirty sovereigns, and go off with them, he replied—
"Oh no, we hare them too fast for that." Some days after, the
prisoner sent in a bill fur wine. &e. drank at his house by the police
officers who came about this &frac, amounting to 24!. •
In bin cross-examination, little was elicited, except that his
partner had employed Salmon and Perry, of Itow-strect, to whom
he had paid 39/. more, and that when he asked the prisoner to re-
turn the thirty sovereigns, the prisoner said, " Thomas, I have got
fools to deal with, you have not."
This evidence Ira• corroborated by Mr. John Shaw.
The prisoner left his defence to his Counsel, who called William
Salmon, the Pow-street officer, who stated, that the prisoner wan
very active in this affair, and that he beard him mention Ikey
Solonmosand Old Crowder, as being notoriuua receivers, and likely
to hare AMC of the goods.
Peter Perry, also a Bow-street officer, spoke to nearly the same
facts.

The Rev. Crosby Pou!ter, the Chaplain to the Refuge for the
Destitute, and thirteen other very !expectable witnesses, gave the
prialnerun excellent eharaver. _

The Com swx.ii Ear. t: ANT summoned up the a-hole of the eri.
dcnce, and left it to th- Jury to say whether the prisoner haul re.
mired the thirty sovercigna under the pretence of getting back the
stolen property.
The Jury retired for 2t minute.. and on their return the Fore.
men rose and said. " We find the prisoner Gaiftp. but we beg leave
most strongly to reconimend hint to mercy, on account of Lis pre-
vious good character."