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defeesdant to make a born- pitniation 'Io the Ctlier fog the less of Ur had claims of sffinity :tan hint that Witted htr tat reeeire Mara wolf with Mr. Ward to the premise", and ener young Webster 1 Isaac Last being again espied, said, ha WAS
services. him protection and support. The ',lemma was an mei widow there. fie took up en old rail and said to Mr. Ward, "If you Sty was brought before the Magistrate. It'
basopport of the learned Counsel's sefeech for the defence, wit. lying in a small cottage which she and her late husband had ocen. don'tget out of the garden, I will knock your brains out."
_Sir. 1 Pp. Ile absented himself after the Wel
seem& were put into the box, who pee evieence tending to ceinii.: pied for a great many years. The cottage being built on the road , Waal then ran down to Webster with en axe in hie hand, and Ime he wss pme until five weeks since, when .
resent in this Court at -her trial.
sate the young woman in improper familiarities with themselves. Side: there was a portion of waste land adjoining to it, as the Gets. shouted for a constable, who came sad took you's; Webster out of from his ho
Tiro names of these witnesses are—Adley, Thomas Wotton Adley, apemen of the Jury very well knew was much more commonly the the premises. ,
height. This was after the girl was transported.
had Jemea Adley, etarding in the relationship of krothert to each cam some years sgo than at Meseta, since Enclosure Acts had' John Walker, servant of the defendant's mother, examined. I Cross-examined.—He remained at Iladleiah
ether, and music' to the defendant. These" two brothers gave almost
made the weld wade a word of no meaning In that ',met in knew Ralph AVebstei. In April, 18211, 1 remember hie plying up the robbery.
I
similar testimony as to their having taken liberties with the victim which it was applied to land. Upwards of thirty years ago old ' . the cottage to 31r. Ward., Mr. Ward asked him to give up pm- By the Cot:RT.—I eras in the lieblt of seeing
of their relation's seduction. i Webster took in a piece of this waste land, and cultivatell it as a session, and he skid he would do so quietly. Ralph then culled daz, before the robbery.
The Learned Judge stopped the production of evidetice rifithis ; garden. Thin was n species of trespass committed by poor people • Mr. Ward omit of the house and gave hint the key and the poesy,. This was the cleat on the part of the prnsecut
nature, ant without proceelling any farther ii the defence, the" throughout the county, and very humanely connive) at by the lion of all he had. Robe': Ward theta became the tenant of the The prisoners denied all ken ledge of the
ii efendant submitted to a verdict oh etfa Lords of the Minor, who, however. as an acknowledgement of pretnises. A witness was celled to character, but ant :
--- their right to the freehold, demanded a small animal payment 1 William Swan, schoolmaster of Killimardt, examined. A copy The Lonn Cuter Jesa le E proceeded to
front thane poor intruder,' on their soil. About ten years after. /of the notice to quit now hanased to me was delivered by me to It was mint at al; doubtful. his Lordship said,
wards the plaintiff's husband took in another piece of waste ad.; Ralph Webster on the 27th of September, 18e12. It is signed Wm. been committed, nor was it in the slightest met
joining to the limner, and converted that also into a garden. Ile j Ward. I delivered to Robert Ward a similar notice on the 28th but that Sarah ilanice was present upnn that
lcontinued to enjoy the occupation of both up to hie death, paying ;of Auguet, 1821; and on the same day I delivered a notice to dissent in inflictine upon the pmsecteser some
ip Mr. Saekeverell Poole. as Lord of the Manor, Is. a year rent. planned Webster, by the direction of Robert %Yard, who signed it. viess ifelltitirit irliieli he had experienced. T
Since hie death his widow, the present plaintiff; bad occupied Mr. CLanKE—That is my case, my Lord. Jury to decide was, whether both or either of t
ithern. The defendant, who is the nephew of this poor old woman. ,3 31r. Sergeant VAI7dAAX replied. bar were her companions t and to enable them .
and a man of some property, came into the parish, sod purchased Mr..vuetice PARE summed up at great lengde observing that he unon the subjea lie would lay the evidence berme
the cottage and tile garden behind it, which Webster and his thought 'the plaintiff could not recover on the emit for the lose of .firstilddeare.e lie wenliltellveneihde.lcucrytheehyaienifteurptaoinnendf
son,wife had so long occupied, and let it to them again. But with the the services of her who did not appear to be her servant at the caln,, tin of i
that e two enclosures from the waste the defendant had nothing whatever time of the assault. The Learned Judge then recapitulated the ettneonable doubt as to the prisoners guilt, it
tom('; lie having, however, lately purchased a close contiguous to evidence, and cautioned the Jury, if they should find a verdict for imperative duty to giais,:tnogtehreset,m6tentrdheftohberers,icelotimatsecomlfu:in7r.:te,, ,
them, claimed the gardens as belonging to that close, and demand. the plaintiff, not to give vindictive, but temperate damages. clear the evidence, remarking upon the Serious .
they would 'll
ed possession of them, together with the cottage and garden behind The Jury, after a few minutes' conseltation, foUnd a verdict, as asTithreegaj
'L'idriotntohseuwli: upon
el. is
it. The plaintiff gave up the cottage and garden, but very natu. to the trespass, for the pleintiff—Datnages, 701.
rally, and very properly refused to give up what was, if not her's, FRIDAY, JULY 29.
not the defendant's, and which she rather than he was entitled Me Justice llositoyci was engaged the greater part of }teeter- verdict of Guilty agairnst both the prisoners.
to. Whet was the next step which the defendant took e Like day and the whole of this morning in trying a cause relating to the The officer of the Court then called upon them i
an unfeeling tyrant he went to this unprotected widow's premises, repairing of a certain highway near Chesterfield. The faces were desiri..g to know *hat they had to say why
broke doom her hedges, tore the door of the garden from its hinges. entirely of a local nature, and poremsed no public interest whatever. should not be prononiked upon therm
drove his horse and cart up and down the gardens, destroying every SIR WILLOUGHBY DIXIE, BART. The prisoners were silent.
tree, and bush, and cabbage plant, and tiower.bed in the garden, After the Court arose, application wasmade by the Attorney of The LORD Crater Jterrect having placed
,ttevastating the whole, and rendering it in short one entire waste. this gentleman to the Learned Judge, at his lodgings, for an order black coif, pimentied to pass upon the prisoners
Having done all this on the 45th of April, thee poor old aunt, in. to admit the worthy Baronet to bail. The ground of the applies. tence of the lima His Lordship thus addressed t
stead of resorting to a course of law to gain redress, hoped that lion, we iinderstand to have been, that there was nothing in the " Thome' Grimsey and John Mann, you h
having thus sated his revenge, her very affectionate nephew I charge against Sir Willoughby that partook of a criminal nature. convicted by a Jary of your country, of having
he (Mr. Sergeant Vaughan) would disclaim the blood, and would The Learned JUDGE Said, it was impossible that lie could de- petrated one of the most cruel robberies that it
not own such a relation, would be satisfied and leave her for the cide whether such were the case or not until he had seen the depo. lot of men, the most experiedced in the admini
future unmolested. Alas! she poor creature little knew the stuff Melons taken before the Magistrate who committed Sir Willough. laws to investigate. Of the propriety. of that
hie heart was made of cold and petty tyrant of a few scanty by ; and he gave instructions to the Clerk of Assize to apply for entertain no doubt) but I should have trernb'
acres had her, es he dreamed, (for 'twas but a dream) within his the immediate rerun] of those documents, which his Lordship pro. the county of Sufloik, if an intelligent and t.
i grasp, and though his powerand dominion extended not beyond mined to take into consideration immediately they should be handed as we have had bare to-day, returned a different
the precincts of the parish, yet there he resolved to make his tame to him. Of course the mule of the application cannot be ascer- front justice, Until vou thought safety was inset
as renowned for wanton cruelty as that of more ennobled villains tamed until the Judges reach Leicester. We have been informed of the accomplice 0f ybue guilty cdnfederacy. e.
whose deeds were teem-tied in the page of history. No sooner had that the object of Sir Willoughby in making this application is to nail which await you teach others, that justice
the plaintiff's son restored the garden in some little degree to its avoid the unpleasant alternative of appearing in open Court in cus- is sure in her tetribution, atpl that the
former state, than the defendant came again and repeated his acts tody of the gaoler. course of crime may (it has net always even -
of deetruction, shouting while he did so, that he was deteentined to in with temporary impunity, yet at last justice'
[triumph and turn the garden into a waste again. Magnanimous
NORFOLK CIRCUIT. violaters of law and humanity, and cause &tonere
Man ! Courageous soul ! How I admire thee ! It was on this past iniquities. FOR nee both of you young ant
'Oecas;an that the assault complained of was committed. The eon , your days. You must prepare to leave a world i
tee the old woman desired him to quit the premises, upon which the SUFFOLK ASSIZES, BURY Sr. EDMCNDS, JULY :9. have lived respectably in your sphere of life, I
defendant came up with nn axe on his shoulder, and swore that if dishonest reputation. Your crimes have made
toee!lareßu t you,th there
ithatn another foryou
anal
n this
a sitl e
higher the
brains our, and immediately called a constable who dragged thetribunal,
he (ale son) did not instantly leave the place he would knock his Before the Loan CHIEF Jt,STICF.
to
none d
Wm. Harlon was convicted of having on the 29th of June, bur•
young man off the land. If such conduct as this did not deserve glariously entered the house or Wm. Wilson, of liatileigh, sic. cede contrition for your past °flew:tree—by earn(
exemplary damages, then he knew not what circumstances would mailer, and feloniously stolen, from a emit in his cellar, a quan- you mar obtain that mercy, Which justice
f b pity of , his property. Sentence thereafter justify a jury in giving any damages at all. But upon t try makes it impossible to grant yell her
this point he should not dwell long, as he should have another op- Thomas Cooper Firnian was found guilty upon an indict- therefore, anxiously intreat von, as you •
portunity of addressing the Jury in reply to the defence that was ment charging him with having, in company with one John mortal !fouls, so to apply the few short days •
intended to be set up. Beittell, on the 24th of October last, feloniously broken open to make your peace With God, and obtain an
- William Green ex-mined by Mr. BAUM r—l know the plain- the dwelling-house of Wm. Kitson. the Wee, of Stoke-by-Nay- venly kingdom. Suffer no false hopes to mi
%land, and stolen from thence one silver watch seal betweee seven Wand defendant. I also knew the cottage and garden behind it, purpose of applying steadily to that God who i
El well as the two gardens by its side. The two gardens were taken and eight pounds, the property of his son, Wm Kitson. fill to save you. I trust he will yet have mercy s
in from the waste land by Ralph Webster, and occupied by hint up (all IL SIDE. that awful hour which iv now nombered, you
le his deed', since which, they have been in the oceupstion of his Before the LOUD Cuic BARON. through his sustaining inffuenee. to bear the ezet
widow. I remember seeing the defendant in April last, in the two name, a. THE IttINDRFD OF COTSFORD- 'oleo which I SIP now compelled topronounce. on
gardens. Ile was destroying the cabbage plants, pease, and beans, This was an action brought by the plaintiff against the Ilan-
sentence is, that you, Thomas Grimsey, and you,
dred of Cotsford, to recover compensation in damages for a mama
and with an axe which he had in his hand, he chopped and de- tr ken from the place yea now stand in in the; •
our burning.
stroyed a plum end other fruit trees ; next week I saw him knock The 1
imag s were laid at 2001. that being the extreme sum rem-
you came, the gaol, and from thence to, a plo.
( e
off th nt e lock from the garden door, and take the door off its hinges a where you shall be hanged by the neck until ,our ba
and throw verable under the particular statues which allow damages in such it into the road. Ile then cut down the hedge and drove and may the Lord have mercy on your soule."
his horse and cart into the gram; he shouted and made a big "'es t° !'e re"verrd• The prisoners were removed front the dock, evidently
noise, at the mom time punching about with an axe, pulling and affected by the sentence paned on them. Indeed,
destroying all the vegetables and other things in the garden. Tile only persona in Court unmoved by the solemn
plaintiff's son was present on both occasions. the Learned Judge addressed them.
Thomas Newton examined by Sergeant VALTOFIAX—I have' There were several highly respectable females ,
known the plaintiff' and her husband occupy the two gardens for ' peered to take a deep interest in the whole trial, se
the last 25 yea-s. On the 25th of April, I saw the defendant in' fell plentifully during the awful sentencing which a.
the gardens; they were at that time set with pease. beans, and pot- most wretched men to so dreadful and so ignominious
mem, gooseberry, currant, and plum trees. The defendant broke The Assizes temsinated here to-dav, and on Mon-'-
the lock of the garden door• and went into the garden with an axe. proceed to (men the camenission at Norwich.
and sail to the son of Hannah Webster, (who is his cousin), I
have good mind to cleave you down. The young man lifted up a
stick, and said he would stand in his own defence. The defendant
then ordered the constable to fetch the young man out, and they
dragged him out by the collar into the street. 1 saw the defendant
again on die 3(1 of May, chop up the hedge and drive the cart right
down among the pease. beans, and potatoes, destroying them all.
lie then took an axe and cut a plumb tree up; there was nothing
left in the garden. Ile either pulled the vegetables up or otherwise
destroyed them. I should suppose he remained there two hours.
The gooseberry and currant trees were scratched by the wheels. It
all seemed to be done wilfully. W bile he was doing it, he said lie
would have possession of the gardens, and if they were not given
up to him. he would destroy all that was in them.
Cron-examined by Mr. CLARKE—This was all after Lady-day,
was it not ?
Witness—Lady-day ! I dont know exactly, but it was in May.
CouneeL—But was it not after Lady-day ?
Witness—l cannot tell exactly, but 1 can tell you the month, and
the day of the month two. (A laugh.)
Counsel—Why, don't you know when Laxly-day is ?
Witness—Nutt exactly.
Counsel—How old are you ?
Witness—'Thirty-seven years.
Counsel—And yet you don't know when Lady-day is ?
Witness—Not exactly.
On my oath young Webster did not hold up a lame piece of
wood, " le—n you, I will knock your brains out." He took up a
binder, and said he would stand in his own defence, alter al'erd
had threatened to cleave him down.
Robert Webster, the plaintiff's son, examined by Mr. See-
gmnt I'AI.76HAIS.-1 remember both the gardens in question be-
rme taken in. One has been taken in thirty-five years. and the
•
other twenty. They were always occupied by my father during
This life, and since then by may mother, till 11 r. Ward came. On
the 25th of April my mother sent for me, and I found Mr. Ward
there, running up and clown the garden. He had an axe in his
hand, and said tie would cleave me down if I did not go out of the
garden. I had no stick in my hand then, but I took up a stick,
and said I would stand in my own defence. lie remained in the
garden shout an hour, destroying the things in it. I righted the
garden, and then on the 3d of Allay he came again. I was there
working it. He came in and discharged me, and I discharged
him. lie then proceeded to chop down the hedge, and drive he
horse and cart up and down the garden, again destroying the onions
bed and a:l the other vegetables. The damage done on both day*
may be about M. He said he would chop down the whole of the i
place, and throw it to the waste. He is a man of property, and
possesses about one hundred acres in the panels. My mother used
to pay rent for the gardens to Mr. Sacheverell Chandos Poole. She
used to pay Is. n-year as for waste land. Mr. Poole is Lord of the
Manor. I paid the last
rent to the steward.
This was the plaintiff's case.
Mr. CLARKE addressed the Jury on behalf of the defendant.]
He thought the last evidence they had had mum have shown to
them pretty strongly the fraudulent nature of this case, and which
fraud lie should be able most clearly to establish before he sat
down. These gardens had been enclosed, one for thirty-five yeah,
and the other for twenty-five, anti yet so late as the year 1823, theist
persons were tenants of Mr. Ward, the defandant, and occupied
the lands under him. It had, however, been proved by Mr. Roper,
who on this occasion has acted rather in an extraordinary manner,
that rent was paid for these gardens to the Lord of the 'dance t
but how had that rent been paid ? It had been paid in 1823 for
' eight years previously. Why were these arrears left so long? He
should be able to explain that presently. Why if the plaintiff had
gone to pay rent for his or for the Jury's houses, he had no doubt
Mr. Roper would have very gladly received it. The Lord of the
Manor, however, could have no right to these lands, as he hada.
ready beeen compensated for his waste by the Enclosure Act that
had been many years ago passed for the Lewis lying in waste on them
manor. The object of the parties, however. in going to pay tido
rent, was very manifest. Finding that the defentlant was 'rooked
to obtain possession of what he should presently show was his own
fieehold, they determined if possible to deprive lam of it by going
voluntarily to the steward of 31r. Poole, and saying to him, •-• This
Is your waste, and es z wish to pay you rent for it." But the Lord
of the Manor had already an allotment given him in lien of his
waste, of which these grounds, however, did not form any part.
The defendant dal not deny the acts imputed to him, but he said
the gardens were his own soil and tree hold, and that he had a right
to do what he had done. As to the meanie this man was put out
of the garden, because he had conducted himself improperly. He
should proceed to call his witnesses. whose evidence he had no doubt
would have its due weight upon the minds of the Jury, who, he
was assured, had not suffered themselves to be prejudiced by the
istemperate appeal made to Mei:feeling. by the Learned Sergeant,
but had kept their minds perfectly open, without having formed
May conclusion until they should haul heard the whole of the facts
ea both sides.
the following witnesses were then called:—
Francis Greets stemmed, that he was the attesticg witness th
the execution of an agreement between Mr. Ralph Webster and M
Ward.
The agreement was then put in and read. It was dated August
2.11119, and purported to be an agreement between W. Ward ant
Ralph Webster. for Ruing a farm and lands, including the two 1
pieces of waste land taken in by the said It. 11'ebster, for 1 year,
and so on from year to year.
Air. Francis Green recalled-1 brazil the agreement read over'
twi-e in the presence of Weimer. I am constable of the pull.
On the 25th of April last. I was called in by Mr. Ward ; there wee
a riot between him and Weimer. I went into the genien, and saw
Robert Webster there, he had a piece of wood in his hand. I home
him say to Mr. Ward, that if lie did not get sway, lie would thrash
him, so as he could not get home. I took Webster out of the
linden, and then he went home.
Joseph Goodwin examined. 1 know Mr. Ward and 31r. Hem.
ash Webster. She was gone out of the cottage in April last. I
went with Mr. Ward to the house where elle was lining. Her
asked her to give up the key of the premises; she said she would
give alp the hose wed back garden. but she would not give up the
other. He said he would not take it that way, and would not takol
it at all unless she would deliver up the whole. Ile went away t
and she followed him and said, " alr. Ward. I don't like to hive,
any words about it. I will give up the whole." Site then called
for a neighbour as a wiener., butt he refused to come futther than .
his own door. Mr. Ward then received the kcy from her, and de.'
sired her to se•t•l a person with hint to value the teem but she
re..e.:'l rut, end we then went away. Oa the 25th of April I

M IDhAND CIRCUIT.

DERBYSHIRE ASSIZES, Dzass, JULY 27.

Mr Justice Iloi.noen and Mr. Justice PARK entered this town
hat evening, and opened the Commission with the usual formali.
ties.

After attending divine service thin morning, their honiships
proceeded to the Court; Mr. Justice Holroyd presiding at the
Coma side, and Mr. Justice Park at the Civil.
CROtt N SIDE.
The calendar for this county is intuit:gaily light, there being only
four charges, and those of very minor kind, save one, which is for
lionre-atealing.
William Clarke, aged 28, was indicted for breaking into a ware.
house at Measham, and stealing two pcunits in copper coin, and
other monies!, the property of Edward Meeson.
Edwatd Mecum examined—l lire at Ashby-de-la-Zonch, in
Leicentenihire. and have a warehouse end premises at Meacham, In
thin county. I was there on the Ifith Aptil last, and at that time I
had in my. desk in the counting-house a promissory note, with the
No. 93 written on it, and aleo a 1/. bill of the Macclesfield bank,
which I had kept a long time from the circumstance of its being
payable in London, which I thought was an unusual thing. There
wan likewise some silver, and a box containing 101. worth of cop.
per coin. M'lten I cattle to my shop on the following Monday
morning I discovered that my desk had been broken open, and the!
i money and bills stolen. The hos containing the copper had also
i been broken open, and 2/. worth stolen. On the 19th of A pril I re.
egkved the Loughborough note from John Proudwell, and the Mac-
clOafield note front Jane Perkins. I can identify the former note,
' bat the latter I only know from the circumstance of its being made
payable in London.
, • Elizabeth flee, living at a public-horse at Ticknell, examined—
Tlcknell is shout seven miles from Meashirm, towards Derby. I
saw the person at my mas!er's house, on the Sunday morning, the
17th of April, and I believe the ptisnncr to lie hint. Ile asked me
to give hint a pound note fur 10s. in copper, and 10s. in silver.
My matter refused to do so.
William Sadder, a tailor in Derby, deposed to the prisoner's
coming to hi. house on Monday morning;, the 19th of April, and
purchasing a cost, for which lie paid • one pound Loughborough
note. The mite now produced was the same which the prier-nee
paid to hint. Ile gave the note to the prosecutor, Mr. Dimon.
Another witness was examined, where evidence went to trace the
other note to the bandit of the prisoner. .
The prisoner said the money was what he had saved out of his
weekly earnings.
The Learned JUDOV recspititlated the evidence, and the Jury
immediately returned a verdict of Guilty—Sentence—Transpor.
lotion lite seven years.
J. Pearson and J. ...gloms( were capitally indicted for stealing.
on the I nth of blay lard, a bay hackney horse, and a bay hackney
mare, at Snivel', the property of Mr. Richard Froggart.
Mr. Richard Froggartexamined by Mr. T.R. CLARKE—I live at
Harz in the parish of Staveley. I had two horses In my close on
the 10th of May last. Early the next morning my horses were
gone; in consequence of some information I had received. I on
the Hill went very near Dewsbury, in Yorkshire, which in
upwards of 40 miles from my house, where I found one Richard
Parker riding the mare, anti leading the gelding. Oa the 18:11,
Ashmore came to my house. and said he woe Come to surrender
himself up to me, for stealing my horses. He asaignA no reason ,
for his conduct. I had hint taken into custody. 1 afterwards saw
my mare and gelding in Parker's possession, at Chesterfield,
when before the Magistrate.
Mr. Turner, landlord of the Phtrnix Inn, High.lane, examined.
I know the two prisoners; they came to my house on the 10th of
May lasi, and went on towards Ilagg. They live about a mile and
a half from High-lane, in the opposite direction to Flagg.
Richard Parker examined—l am a farmer at Thornhill, York-
shire. I met the two prisoners on the morning of the 11th of May
last. about half* mile front Dewsbury. The road on which I met
them leads front Sheffield to Dewsbury. They were leading a horse
and a mare. The horses appeared much jailed. and as if they
wanted something to eat, or the like o' that. When 1 tnet them, ,
says I, after sonic little talk with the old gentleman—
Counsel—Never mind the old gentleman.
‘Vitneas—Says I. are you going with these'm horses to fair?
Ashmore replied they were. Says I to him, what do you ax for
the borne you lead ? It was the gelding. He replied " %Ve ax 30/. ,
for the borne." After a great deal of bargaining I bought the mare
for sixteen guineas, of .Sslitnore. I required a warranty in writing.
Ashmore not being able to write, called in Penrnon, but he could
not write either, and we then went to another public.house, and got
the landlord to write the warranty.
Counsel—Well, did you pay for the horse?—Yes; but must I
tell you my stury first? to laugh.)
Counsel—Oh, crrtainla.
‘Fitness—Says 1, 1 hav'nt got any money, but I will leave
the mare, and go and get the money, and be back in half an hour. ,
Ashmore objected to this. Says I„" I have nothing to pay for the
horse but a tire pound bill, which I can give you, it you like, upon
Part of payment, but the mare must be put into the stable in the
ostler's hands, till such time as I make my return.
...

Counsel—Virhat did he say to that?
Witness—Very good, Sir. So after I had given them the Cd.
note. they said they had a long way to go, and could not atop
long in the fair.
Couniicl—What then ?

Whness--Well. Sir, they said they should be at Huddersfield
fair with a airing of homer, and I mutt pay them the reminder of
the money there, or else send it to Shttheht by a letter to the Post.'
office.
_ _ .

Witness—l went to speak with a friend about the matter, and,
whrtt I returned, the mare was in the stable, but the horse and the
men were cone. I afterwards took the mare, and went on my way
home. I called at a public house in Dewsbury, while there I saw
the prisonen go by the whitlow with the horse. I went in pursuit
of them, and overtook them about half a mile from the house.
They were turning back, and I overheard them say they would
swap with that other man. I then seized them both, and was very
rash with them for the moment ; and says 1, " 1 have very great
reasons of suspicion that you have stealed both the horses." Ash.
more said he had bought them both in Derbyshire himself. I said
you must go hack to Dewsbury with me. Says Ashmore, if I go
back I must ride. I took the horse, and said he must walk, upon
which he snatched hold of the halter and leaped on the horse, and
went over the bridge rather fastislt you know at die time. Just
then I had hold of Pearson you know, who pushed me' and ran
after Ashmore, andttried to get on behind. I followed and prO
vented him. and taok him arm near. the public house. Ashmore
rode PE. and I saw no more of him till he was taken before the
Magistestes at Chesterfield. I got Mark Tolson to go after him
on horseback, and Ashmore absconded the horse, which Tolson
brought back in the course of an hour and a half. On the Satur.'
day hollowing, while I was riding the mare and leading the horse,:
I met Mr. Froggart, who claimed them.
This witness was croas-caatnined, but he Eriely adhered to his
story.
Mark Tolson deposed that lie saw one ride off with the horse,
and the last witness seizing the other. Ile followed Ashmore on
horseback, but did not succeed in overtaking him. Ile, however,
found the horse in a wood. The man whom he was punning kept
looking hack, and as often as he saw the witness he hastened his
speed. Ile believed the horse to be the same as the one on which
the man was riding. lie took the horse back to Parker.
John Sundt& deposed that he saw two men with two hones at
Dewsbury fair on the day in goestion. Pearson was one of the
men, but he could not identify die other.
This was the cue for the prosecution.
Pearson put in a written address, which had evidently been
draws up by a very different hand than that of the prisoner, who
was an illiterate man.
Ashmore denied the whole that had been alleged in the paper,
and would leave his case to the Counsel.

A verdict was pronounced fur the plaintiff.—Damages 100!.
SATURDAY, JULY 30.
CROWN COURT.
Before the Loan CHIEF JUSTICE.
Thomas Grintsay and John Mann were indicted for feloniously''
assaulting John Raynham on the King's highway, in the parish
of Hadleiglt, and taking from him there a pocket-book, or purse,
1171 one pound notes, eight half-crowns, and a sixpence, his property.
John Raynham said, I'm a labouring man ; 1 reside in the parish
of Kersey, near Hadleigh. On the 9:h of March last I was at
Iladleigh King's Head. The two prisoners were there I know
them. I was talking with Mr. Long the landlord. I took my
purse nut to give him a bill. I hail notes at the top of the
purse, which 1 had to take out first of all to come at the bill. They
were single bank notes, of Mr. Alexander's bank, and of a red
colour. Mr. Long said to me, " Look out, you've got some gay
back'd ones there." (alluding to the prisoners). There were six
pound notes and 11-If-a-crown. I returned them to the purse, and
put it into my pocket. I left the Inn about half-past eight o'clock.
As I was leaving the Sun. I saw Sarah Barnes at the door ; she
I spoke to me, and I spoke to her. I walk'd on with her ; and
I thinking that I heard a step following me, I moved my purse from
my top pocket in my frock to a lower pocket on the same„siJe of
the frock. I went on, and just as I got to Topsale Bridge, which
is about 100 rods from the Inn, Sarah Barnes cams up to Le. and
said, " Come, my dear, let me lead you." I said, "Oh no, 1
don't want any thing of that." I pusli'd her away, but she came
tip to me a second time, and I walked a few steps onward with her.
I received a violent blow then at the back part of my head, which
brought me down. No sooner was I down but I perceived Sarah
Barnes); hand in me pocket. Then I received another violent blow
on my head, which 'deprived me of my senses. I know that these
blows were not given by Sarah Barnes, for site had her hand in my
pocket, and I raw the ledge of a .man's hat. As soon as I reco-
vered, I got on to the King's (lead. I was sorely beaten. The
rest morning medical assistance was got for me. As soon as 1 got
on my knees, I felt tbr my motley in my pocket, but that, with the
purse, was gone.
By the Court—The purse was made of dark leather, fastened
with a tongue. It was made by myself.
Cross-examined-1 went to the public house about five o'clock.
I took a pint or two of beer ; no gin. I was not in a state to see
double. It was in the tap-room, which is not half the size of this
court-house. The prisoners were right against me when I took the
purse out. When I got out 1 inov'd the purse. I saw the ledge of
a hat.

WESTERN cr RCUI:

bEVONSJIIRE _lsmEs, ExEl%
CROWN SID);.
Before 31r. Justice GAsEcri
nonsE STEALING.
George IGer teas conticted of feloniously
property of .lehn Sampson, en the night of the
borough cf Plymouth.
The prosecutor recommended the pr:rOnt.r
grounds of his youth, distress, and previous honesty.
Air. Justice GASELtr: promised that proper attention
paid to the prosecutor's humane recommeud..l,...

CHARGE OF ARSON.
Tun xixo AT THE PROSECUTION OF
BAST AllD PEE EW, V. JOHN
This was an indictment against the prisoner.
extensive farmer, for wilfully, maliciously
setting fire to certain nut-houses, the property
Pellets., at ('anonteign Barton, in this county,
instant.
There was also a second indictment, charging
having tired a dwelling-house similarly situated,
day, also the property of the prosecutor.
This cause was one of great importance, end ,
nary degree of interest in Exeter and and its vi,
the high respectability of the patty charged w
the rank of the prosecutor. The Court was ern'
an early hour, and such was the anxiety of the
tion of the aesembly to procure accommodati
tlemen of the Bar were obliged to remain •
course of the proceedings. The recent and
of malicious tires in this part of the country
additional degree of interest to the trial. W.
served a proceeding of this kind which in all i
excite so great and powertul a sensation. The L
with Magistrates, and comaincil most of the rank
this part of the country. Lord Exmouth ocoup•
place, and appeared to pay close attention to the
day.
The prisoner pleaded Not Guilty.
Mr. CoLtelnor stated the case, mentioning ,
facts which lie afterwards proved in evidence. The
the Learned Gentleman offered were so remarkable
and moderation, as to call down the marked ap
Court at a subsequent period of the proceedings.
The following witnesses were then called for •
The lion. Poyrnall Bastard Pelle* being
follows :—I am acquainted with the estate
tm. It is situated in the parish of Christon,
is my property ; and a servant, who is my
Pennington, the younger, occupies a pa-t of
9th of July,•l was on the estate on that day : 1
of the mansion-house, and not farther from it s
the day. I observed the fire ; the firs; alarm
half-past one. When we advanced to the hedge
tire, the upper flax barn was burning. The Sax barn
the higher end of an orchard, called Madam's On
nor of a road leading front the farm to the parish
other places. The ham stands perfectly alone, b,
cottages on the opposite side of the road ; the breadth
separates them is 20 feet or thereabouts. My .-
ningtnn, tl e younger, is in the occupation
Mr. John Orton, the prisoner, is in tumorous
Upon observing the the I immediately came
W hen I had got cloth to within SOil yards of tht
served smoke issuing from die thatch of the mac)
was a strong breeze at the time. The wind w
state south-east or south-south-east. The di:
barn to the machine barn is south-west, as I thi
west. 1 immediately proceeded, on arriving u
direct the end of the lenity nearest the higher cellar
There were no persons in the farm-yard when I
Several came afterwards. After some time I
house. I first saw the prisoner standing in the
Ile was doing nothing at that moment. That w:
the pound house. I searched the pound house.
but a man named Cephas Lucca% found a ball ,
was at the door when he brought it out, and it was
the pri•oner several times during the tire, on those
doing nothing himself, nor directing others to -
thing else in any other part of the buildings.
timed burning for a halt or three quarters of a, _
prisoner next day, and had a great deal or communion
Cephas Luccas-1 know Canuntelgit Batton,
the day of the lire. I know the pound house and
comiog into the pound house, I observed a smoke
the pound. I went to the place whence I sat-
was some straw there, and that caught tire as
close by the pound (cyder press) where I saw •
ed out the fire with my foot. I sxamined
small stick of dry wood, about tow feet lung,
square. Then I found a lock of flax or two, ...
flit:, burning on the outside. The tow was inside
a lock of straw, close under the burning straw.
gave it to a gentleman, who was standing just '
James Ellis—l am an officer of Itow.stre,t,
at the bar. I was sent to about the and
lilt Mr. °twit on the Saturday after the fire.
thri-at or promise. 1 asked him to aceotnpam
barn, and generally round the premises. We
upper barn, where I observe', a hole in the wail
person to get through. s was through the wall
ping the barn, not irlo the ham itself. 1 asked
was open ;he SP',a on the morning of the
t,"rns his foot himself. I asked him.
first •'.,ern of fire was liven he said in
asked who made the alarm; be said one I.
S. P...inlan. I asked if he went immediately to
ail, accompanied by the man and some boys
is removing the furniture and plods of the ti
retained there the whole time till the second
asked him if he had been at all away from it
tween the breaking out of the first and second .
nor. After the alarm of the second tire was given,
road. accompanied by Mr. Soper aid several
if he had beet at alt is the oruhusi, either to

It's quite evident that the prisoners couldn't have seen the ;place
to which you say you removed the purse ?
The Leal:Wu! EFJ DST me —Perhaps you'd better not go so far.
By the Court—Did the blows appear to you to have been given
by the fist or with a stick ? Front the effect, they must have been
given by a bludgeon ; my head was covered over with blood, and I
was stupifietl.
Ilenry Lory, the hostler at the King's Ilead, and the brother of '
the landlord, said he knew the prisoners. Ile saw them on the
evening of the robbery. They had there for some time. Just as
the prosecutor was leaving the house, Grimsey said to Mann, go
and tell Sall Old Jack has got 21. in his pocket, slapping his right
hand pocket, to show where. 3lann then left the house. Grimsey
went out in about ten minutes. SLither of them returned that
night.
By the COT:RT.—They've never been at the house together
' since. They used often to come More.
I know Sarah Barnes. They used to call her " Sall," some-
, times they called her " lNrchcr," I have heard the prisoners call
the prosecutor " Old Jock." I've seen the prisoners in company
with Sarah Barnes.

Cross-examined.—lt was about ten Minutes after Mann left, I
that Helmsley followed. I ani sure it was not longer. It was ten I
o'clock when the prosecutor returned.
Reexamined.—When he returned his face was covered with
blood. It was cut right down the bone and 1 don't think the i
wounds could have been caused by the fist, but front a stick or I
bludgeon.
Elizabeth Alexand.r keeps the tap-room at the Red Lion at
Hadlcigh. On the evening of the 9th of March, between nine and
ten. the prisoners, accompanied by Sarah Barnes, came to the
Red Lioa. They had egg-flip, and gin and beer. They paid for
what they had. Who paid Ido not know. Half a crown was put
down on the table; bat I was not then in the room. John Mann
paid Italia crown towards two shillings and ninepcnce he hod owed
fur perhaps nine months before. Ile paid also by a half crown
piece. They remained till between ten and eleven.
Thomas Dodd lives at Hadleigh. He is a shoemaker, and was
in the Lion Inn about nine o'clock on the night mentioned by the
last witness. The prisoners and Sarah Barnett mute there. Grim-
sey asked me if I would make him a pair of shoes; I said yes ; he
said. '• what shall I give you ?" My answer was, nine and six-
pence. Ile agreed ; and lie offered me tine shillings towards them.
I refused, and said if I had the money when 1 made the shoes I
should thank him for his custom. He said, " You had better take
the money, you may want breath to-morrow." Grimsey then pro-
duced a purse from his pocket, at the same time, saying, " There's
money enough in that to purcbasr gold, silver, or brass.". It was
a dark leather purse fastening with a tongue, somewhat similar to
a pocket-book. He opened the purse to put in some change he
had received, and I saw then a bundle of red coloured notes.
Sarah Barnes said, taking up the purse, " don't be a d—d fool."
1 said, " I have as much money now perhaps as you have." He
replied, " It don't signify tome her taking it, we are all as one."
Crons-enatnincd_r was not called as a witness on the trial of
Sarah Barnes. I heard of no reward of 501. offered. There was a
candle lighting by which I saw the reddish note. I've heard ;
Hriinscy holm below that he had a hundred pounds.
Anne Barnes, the sister or Sarah Barnes, with her sister, who has
since been transported, met the prisoner Mann, the Saturday night
after the robbery was done. Mann said to my sister, if she would
go away she should want Mr nothing while she gone, and my sister
refused. I saw Chimney the next day with my sister ; he said, "
wish I had'nt hit the old rogue. My sister was appre-
hended the next night.
Isaac Last is an attorney. Lives at Hadleigh. Mann was in the
actual receipt of money from the parish at this time. lam not
able to say whether tirimsey was at this period; but he almost
is:instantly stases the books.
James Aldertan is a wagoner. On the Monday after the rob.
bury, John Mann conic to him and wanted to go with him to Lon-
don next morning. Ile said he wanted to get out of the way till'
elarah Baines had her trial. He said he'd meet me on the toad next
morning. had he did, and rode with me the next day to London. I
was at school with both the prisoners. Ile told me he was at the
robbery. I told him it was reported that Rarnhani had lost 71.
He said. •• No, about 21., we shared 14s. GJ. each t and if thtre
was any more the girl hail it." He said that he bad knocked Ravi-
ham down. and that Orimsey came up tied struck him at the rime
time, an.l that Sarah Barnes had struck him af:erwaids, while he
was down, with a patters, on the head.
Croat-examined—Newer hard that h reward was 0f71•7c.' ror the
cOnvietion of these prisoners.

A gentleman was then examined, who said the prisoners had
both worked for him at his coal collieries ; that Pearson's character
was a medium one ; but Ashmore, up to this offence, bore a very
unexceptionable character for honesty and industry.
The Learned Judge here began to sum up the evidence, when
Mr. 1). 1.. 11'it.LIA113 requested permission to call a witness on
behalf of Pearson.
Benjamin Pearson. brother to the prisoner Jonas Pearson, was
then caned and examined. I live at Sheffield Park. On the night,
before Des shury Fair I saw my brother, and went pan of the way
home with him. My brother lives at (needless. Ile came to me
at two o'clock the next morning; and I went on part of the way
with him towards Dewsbury fair.
The limited Judge recapitulated the evidence at considerable
length ; and the Jury, after several minutes deliberation. returned
• verdict of Unilty against both prisoners, recommending Ash.
more to mercy on account of his good character.
Sentence of death was recorded against them ; but his Lordship
intimated that their lives would be spared, though Pearson muve
prepare to be sent out of the country for life.
NISI PRIUS.
There are 16 cause, entered for trial. five o which are Special
Jury cases, but they are chiefly of a local nature, and involving
iteassiows by no means calculated to interest the public.
JULY 29.

Before Mr. Justice PARE.
WElliTElt•t.. MAUD.
• hidllllba an action to recover damages for • trielpass committed
by the defendant on the plain O's land, and also for the loss of
cervices sustained on account of an assault committed by the de-
fendant on her (the plaintiff's) servant. The defendant pleaded
first the general Issue. and then a justification, alleging that the
hind in question was in his awn freehold.
Mr. ISALGI'Y opened the plcsdingai
Mr. Sergeant VA tmuidur stated the CaSlatn the Jury. It seldom
fell to his lot to make known so a Jury a cdse of a wore wanton.
aggravated, and singularly cruel descnption than the present. When
Se used these expressions, he did net represent the damage which
the poor plaintiff had sustained as being so very enormous ; but
the Jury would perceive that the peculiar circuenstances under
which the injury was committed, fully justified him in character-
ising the conduit of the defendant as peculiarly oppressive. That
conduct was the tyratirpos acts of a rich man over an pantile, un-
protected. and an aged widow It wan worse. In teat widow, in-
stead cf desetring to in the object of this Let oprresslea,

~~~

.-I.
I
I
1
l'. ..
, ‘
' )NIS peter t when Cr;m• t i ,
It's rib ut tive week."' ! ,
I of the girl, and he told
I. He remained absent
en he returned to Had. • ,
fed. , ~
sigh Waal visas after
ding him almost evety . I ,
cutiori.
le robtErY. •
appearing, o sum 9p the cede:we.
d, that the rubbery hail /
raped to he questiorrd
•
.
tat occasion. and party.- . • 1
me portion. of the t: et, i i ,
The queation for the
- i
of these perteios at OF tI I
I t I'
tern to form sip opinion
',term them, and in the .
on n fair and impartial
tined any rational anti
it %VI right. and their
' I it. Ills Lordship trail
is nature of the charge t
rent deliberation which
:rnues, and teturnett a re, l .., ~
.
hem in the usual form, 1 i
rhy judgment of death
! .
.i
aced rip his head the ' 1
tiers the dreadful evn- lo 3' I
tied them : ' t i
to have been att.! and
sing planned and pot. ,
it. it usually fall: to the
tinistration of ei iininat
.) '
sat verdict, I notrnly
'bled lot the security of I •
I reflecting Jury, well it .
~
..
clot verdict. 1...0u tied 1 I
risared by the removgl i. / 1 cy. Let the lieavy pe.
justice though aloe,
at though a lung
even soy be indulged
nice will overtake It.
nerr,ent to be made fin
and in the midst or i . .
Id in which you might i t
e, and unstained by r.
.
lei: imperative on me . • .
..
grave mercy there is
burial, where, by bill.'
y earnest repentance, I. i :11'1
usticc to the cowl. • '
cu her e. Let ice •
'oh value your Int. i
s you have to live as ii i
, .
t admission to his hes+
i
rislead you tram your
is willing and FhwerA ..
Tv on you, and that in
you may be enabled,
execution of that new.
.e. on you. And thai . .
you, John Mann, be
the place from whence
a place of execution.,
.our bodies are dead t
t, evidently not much
deed, they seemei the .3
stun wanner in which
1 '3 .
i
des present, who ap7 ,
• l • 7
trial, and whose tiers
which doomed these
!,
mo,ninious an end. '
ri Monday the Judges 1
t
• .
• 17'.
;
1
tea, Jute as. , 1 ,
. 1.. ,
i; ,
..
rt. f
2
.y stealing I horse, the k,'
the 113:11 May, in thd
t.l* to mercy, on the
honesty.
~ . . .
per attention should be
I'
,'• , ' ition. it
ki• ..- " :
3 utt 29.
N. 11
ant Stow. rOW:LtI.
otoorr. ' it
;ner, a respectable and
sly, and •Yloniousli . • ,
my of the lion. P. B.
••,.
unty, on the Pth July
ging the prisoner will 1
iced, and on the omit
i ."
.
1 excited in ettraordi.
vicinity, on account ue
I with the offence, and
crowded eacesSleely at
lie unprofessional por.
anion, that many Oen.
standing during the
I frequent occurrenco
y appeared tv add an
W. have seldom ob.
II its stages seemed tit
. i 1
le Bench was crowded
rank and property of
ceopied & conspicuous 1
the ptocceslings of the V
. • ' '
•
ming to the Jury tho
. The few comments
3 !•kable for temperance
. ,
ed approbation of tha
'....r logs.
for the prosecution t....
1.-
g morn, deposed, as ,
e of Cahonteign Ear.
' ‘ 1
m, in this colicky. It,
ny gamekiefer, John
of it. I remember the
: I was within a mile ;
it daring the whole of I '• .1-
am wits given at about •I 1... " :
hedge so as to see the
f • .'. .
Sax barn is situated a: f
's Orchard, at the cot. . •
arish of Christon, arid i
.
me, but there are two t
ireadth of thy road that - -
11y gamekeeper., Pen-
,1 ' f
of putt of the house. .1 1
tion of the other part
•
ime down towards it. i
e
the farml :
IV.
ard, I ob- 1
,
nachine barn. Their •
ii
',..-
was as near as I Ia t •
irecrion from the flit.
think or south-south- t 1., ll l,
; at the farmyard. to
teller to be tintliatched. • .
-a I first came into It.
I went to the pound
the yard by the pchtd. • I
it was before I *cot to
I'
Ise. I found nothing, '
ball of tow on„fire. I
it was flaming. Iso r.'
those occasions he was
D act. 1 observed it,..
1. The premises e`,-
an hour. I saw the !: .i ik
nventatlon with him. • t a
ton, and was there cit '
and lower cellar. Orr
I
•
stoke whi h was inside
aw it proceed. There
s I came to it. It wee
the smoke. I stamp-
farther, and found a •
and about two inches
••". '
,
r, about the sine of my
aside the pound under
are. I took it Up, .--•
it by. •
t; 1 know t/ e pri,io,i...
nil had a conversance.
re. I held ant neither
pary tat to the upper
Ili
. r I
1 . 1
ii 1
1.,"
ima lade
fireihwi liwalked
pteh
on::
if
I x.
I,u:tip:l:lan
ihttlr,fh,oksirmoui
a:laelle...
e of his own ,errand, i
to the tire ; he said he
t . '
I; he said ha assisted
two cottages, a-d re. •
•
born was on lire. I
' 1
it during the time be- . .
" ' t
d firm; he said he hLI vi r c
i, en, he recut - 0 in tin
il others. I aaaed btu, . .
. ,
a go olevin it, or lot 0 k
( ,
•
1
- " *
•
- • •
, .. . - • .
, -