The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-17 00:00:00

• COURT OF ERCREQUER, Fss. fR

BefOre the CHIN! DAaow.l
CONCEALMENT OF SMUGGLED SPIRITS,
THE 11240 V. itoora PEPPERALL.
Mr. WALTOX stated that this WEI an information filed at the
instance of the Attorney-General against the defendant, for having
on his premises certain spirits, which he had purchased, well
knowing them to be smuggled. It was a came in which the At-
torney-General pressed For the highest penalty.
Mr. Witham `Volley, Supervisor of Excise, examined by Mr.
CLARIE, stated, that he was stationed at Dartmouth, in Devon.
shire. The defendant is a boat hearts?, residing at Bickerton,
eleven miles from Dartmouth, and his premises are about a quarter
of a mile from Hall Sands ; there is no house between the sands
and the defendant's premises, which consist of a house, workshop,
and garden, which is inclosed by a Aligh fenced wall, eight feet
high. On the 22d October, witness and Jones, an Excise officer,
searched his premises, and fount] nothing; but on examin-
ing the garden, and digging with tuck-sticks in the paths, he found
a cave ; he instantly removed the earth, and, about fourteen inches
from the surface of the ground, found a hatchway, large enough to
admit a half-anker to go down. The cave was about fifteen feet
long, and two and a halt in width, and four feet deep, framed with
timber, and contained nine and • half lialf-atikers, seven of them
containing twenty-seven gallons of foreign brandy, and the others
seven gallons and three quarts each of Hollands gin. The cave
would hold 80 ankers and upwards. Greens were growing in the
earth over the cave. Witness seized the spirits.
William Jones corroborated the evidence.

ilifirat—niledrevel;ein; swi;;;,;;;Ille resided at Strete, about
six miles from Bickerton, and knew the defendant about three
years. In September, or the beginning of October, 1821, a lugger,
named the Diana, came up to the point, and Pcpperall and others
were present. She was going to France to bring some brandy. She
went, and on her return landed ninety tu!,.4 of smuggled " stuff:"
twelve were taken to Pepperall's, and
.placed at the garden door ;
six tubs were filled with gin, the other six were brandy, containing
live gallons each. The witness knew a ship or lugger named the
Pilewell, which made a trip after the month of January, and an-
chored in AU Sands Bay, and landed smuggled spirits, which were
taken to the defendant's place. Witness paid him fur warehous-
ing the tubs of both the cargoes.
to his crovs.cxamination, he admitted having been concerned in
smuggling, and to have given informations, and to have appeared
in this (7oun before.

George Cole deposed to the same effect.
Mr. Barton proved the value in Itti of Geneva to be 23e. M.;
brandy the same price.
Mr. JEIVIA addressed the Jury on the part of the defendant,
and contended, that as the evidence was not of that kind on which
cases of this description were usually supported, he was entitled to
a verdict. There was a very great and obvious deficiency in the
proof of the guilty intention of ete defendant; there was no ob-
stacle in the search, no appearance of alarm or trepidation on their
making their appearance, and to anxiety as to the result of their
search, and even no attempt to raise an alarm to send foe the de-
fendant. _

The SOLICITOZ-GENENAL replied, contending, that upon the
evidence the Crown was entitled to a verdict. _

. -
The LORD CHIEF BARON summed up the CM to the Jury,
who found a verdict for the Crown on one transaction, damages
1001.; and fa the defendant upon the other counts.
The Court disposed of some undefended causes during the day.

MIDDLESEX SESSIONS,

MONDAY, FYI. la.

PERJURY.

Thomas Cole, a middle-3 ittitrin; was indicted for wilful and
corrupt perjury.
)Ir. Awns Ews opened the indictment, and Mr. Cunwoon
stated the case to the Jury.
Mr. Gill, the prosecutor, married a female with 1.0001. portion.
which money lay In the Court of Chancery, and Gill was obliged
to tile a bill to get it out. The came was now pending. The pm-
secutor borrowed 4001. for one year, at 25 per cent. of the prisoner.
The prosecutor got his solicitor to draw up a warrant of attorney,
and gave it to the prisoner, condiiionally to pay hint 25 per cent.,
thinking in that time the Chancery suit would be ended. The
money was paid, and the warrant accepted. The prisoner did not
wait the event of the twelve months, bat entered up his judgment
upon the warrant of attorney, and sold 7001. worth of property, at
four months, of which he took 4771. ; and afterwards committed
perjury, by swearing that he had only taken 4001. The case went
to the Common Pleas, and the instrument was set aside. . . .

James Gill swore that some affidavits produced were the hand-
writing of defendant.
The Clerk of the Court read the rule granted upon the motion of
Mr. Sergeant Lens, to show cause why the instrument should not
be cancelled, he also read the affiilaviti.

The plainiirs affidavit stated that he borrowed 4001. of prisoner ;
that the warrant of attorney war made for 4771. to secure the per
centage ; that he only received 4001., which was given and paid Wm
in Bank of England notes.

Mr. BRODERICK, for the prisoner, took an objection to the in-
dictment, the words of which were not the substance of the affida-
vit, but said " give" only, and not " give and pay," as in the
[words of the affidavit.
Mr. Cvnw OOD contended, thrill the objection was not grounded
upon the affidavit on which the palm was assigned.
Mr. ANDREWS followed on the gage side, and contended, that
the words were the substance of the and " give" certainly
conveyed a meaning it was given in payment ; and he (Mr. An-
, drews met:Merl, that all the Judges, from Lord Hale downwards,
held that the substance, which they had alleged, was sufficient.
Mr. A r.r.r.t- maintained, that the indictment must be vitiated by
the objection.
The Cu mniitAN held ;he objection fatal to the indictment.
The Counsel ouserved that the defendant should be indicted again
to-morrow.

POLICE.
HATTON-GARDEN.

Yesterday Martin Cornry was brought up, charged with rob-
bing his countryman, Darby 31`Gaanon, who lived in the same
house with hint in Cow-cross-street, of nine sovereigns.
Darnley, the constable. stated, that a woman applied to him on
Saturday night to take the prisoner into custody, and described to
him the manner in which the robbery was effected; that, however,
the woman was not since to be found • he therefore suspected that
some compromise had since taken place.
On Darby M‘Dannon's being examined, he prevaricated so
(owing, as he said, to his imperfect knowledge of the English lan.
gttage), that he was frequently about to be committed. The Ma-
gistrate assured him, however, that such a plea should not avail
for compromising felonies, aid ordered the pnioner to be remanded
until Thursday, and a summons issued for the attendance of the
woman on that day.