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IFNI' ASSIZES, Matnstone, Atroose It.
LIBEL.
PRTEPOTT v. PAGE.
This was an action for two libels, concerning the plaintiff. In his
character of guardian of the poor of St. Mary the `'iron, Dover,
imputing to him fraud and malversatlon in his office. There were
also counts for verbal slander, imputing that the plaintiff pa. a
public delinquent, and deserved a halter. The defendant, in addi.
non to the general issue, pleaded special pleas of justification.
alleging the truth of the libellous and slanderous matter re-
spectively: Issue thereon.
The trial of this rase (as we stated In our last) commenced
on Thursday afternoon, about two o'clock, and was adjourned
at Ave, until this morning. It possessed considerable local
interest.

Mr. Guayas, Mr. A nntitutis, and Mr. Kri.r.se, conducted
the plaintiff's ease. and Mr. 31An• VAT I, Mr. Sergeant TADDY,
and Mr. PLATT, the defendant's.
The plaintiff was a corn-chandler at Dover, and the defendant
was a brewer in the mine town. In 1821, the plaintiff had been
appointed, under the authority of Mr. Gilbert's Act, a guardian of
the poor of the parish of St. Mary the Virgin, and gave so much
astisfaction by his conduct, that in the succeeding year he was
unanimously appointed to the aamesoffice, under the regulations of
the Act of Parliament above-mentioned. Twoother inhabitants of
the town, named Porkies end Lamb, were joined with him in
office, the latter as Treasurer. and the Corner as Visitor. The de-
fendant had been in the habit I.f supplying the pooe-house with
beer every alternate month. In October, 1822. the plaintiff con-
erected with another brewing firm, named Jekin and Co., in the
town.to supply the poor-house with beer for three consecutive months.
Mr. Popkiss, who was a friend of the defendant, endeavoured to
have the contract made with the latter, but without success.
This circumstance was supposed to excite considerable irritation
in the defendant's mind towards the plaintiff, to whom he can-
ceived he was indebted for the acceptance of the other brewer in
preference to himself. In the Spring of 1822, the plaintiff became
embarrassed in his circumstances, in consequence of the agricultu-
ral distress which then prevailed, and being a corn-chandler was
affected by the difficulties of the fanners with whota he dealt.
Finding himself so eufbarmilieed, and that the balance of the
Iparish accounts was quite sambist him, he acquainted Mr. Lamb
and Mr. Porkies with his situation, and proposed to deposit In
their hands a quantity of corn and other property, to cover any
balance which might be found due from him to the parish. To
this proposal they acceded; and accordingly the plaintiff sent in
corn-chandlery goods to an amount which lie deemed sufficient to
balance his accounts, and they were deposited in the poor-house.
Towards the close of the year 1822, Mr. Popkiss and 31r. Lamb
signified their intention of reaigniug their office., not choosing to
act any longer with the plaintiff. This was notified to the Mars.
strates, who suggested the
.propriety of calling a vestry meeting
fur the purpose of considering the subject. On the 2d of No-
vember Mond, a notice was given in the parish church of a vestry
meeting, to be held on the 18th of November, for the purpose of
considering the propriety of recommending two fit and preper per.
sons to the 3legistmtes, to supply the place of Messrs.
Popkiss and Lamb, in the office of guardians. A meeting accord.
ingly took place on November 18, at which upwards of 30U persons
were present. it was proposed that the defendant should take the
chair, but be declined in favour of a 3lr. Humphries, who was im-
mediately elected President. Before the business announced for
the day was proceeded in. the Chairman called upon Mr. Porkies
to explain the reason why he and Mr. Lamb desired to resign their
offices, and refused to act any longer with the plaintiff? AVhere-
upon Mr. Popkiss, in presence of the plaintiff, entered into an
enumeration of the reasons why Mr. lamb and himself were averse
from acting with the plaintiff: !le stated that the plaintiff had re.
etived 05W. or 1001. of the parish money, and had applied it to hie
own private use; that lie had borrowed two several sums, of' Q.
and 121. in copper money, of two tradesmen in the town, for the
purpose of paying the out-door pour of the parish, but applied the
money to his own private use; that he had bought a cow for the
use of the poor-house, and charged it in his accounts at the price of
13/, whereas he had given but ten guineas for it; that he had
purchased a cart for the use of the poor house on moderate terms,
and charged in his account nearly double what he had given for it;
that lie bad sold some hog barley to the poorhouse at 235. per
quarter, which was of the wurst quality, when the best malt barley
I might have been purchased at the same price in the market; that
he had in like manner sold some pigs to the poor-house, at the
price of la, which were troubled with the staggers and the
worms; that he was in insolvent circumstances, and that he was
guilty of other nialversations then enumerated. These were the
reasons which himself and Mr. Lamb had to assign for wishing to
secede from the office. A considerable claniour then arose in the
meeting. The plaintiff was called upon to state what be bad done
with the 901. belonging to the parish funds. lie answered, that be
bad certainly applied it to his own private rummies, but that the
parish should not be wont a sixpence for him. A loud clamour
ensued at this confession. The plaititiff attempted to explain, but
woe interrupted with groaning, hissing, aid hooting, end was nor
permitted to finish a sentence. He was asked whether he was not
insolvent (which would have disqualified him by Mr. Gilbert's Act)
and he replied in the negative. fhe defendant then addressed the
meeting in an energetic speech, in which he vehemently declaim..
ed against the plaintiff: lie said to the vestry "is this a person
fit to be immured with the public -purses No ! There was no
pablisdalimpiant ever stood forward that deserved the halter more
than that fellow Philpott." In conclusion, the defendant pro-
posed a resolution, strongly condemning the plaintiff's conduct.
Phis resolution was thought too violent, but the vestry clerk drew
up a resolution, expressive of the sentiments of the meeting, and
Willa was adopted, recommending that an application should be
made to the Magistrates to suspend the plaintiff's appointment,
" it being manifest to this vestry, that his conduct is not fit or
worthy to fill the situation," &c. This resolution was carried by a
majority of mote than three hundred to ads, and was signed by
fifty-three vestrymen, including the defendant. This resolution
the declaration chsrged to be libellous, and was the first ground to
the plaintiff's con:plaint. Parish ll:spites of some duration fol-
lowed this proceeding. In August, 18253, the defendant addressed
a letter to 3lr. Thomas Neighbour, a respectable wine merchant,
of London, and uncle to the plaintiff, and although he had no pre-
vious acquaintance with that gentleman, entered into a detail of,
the disputes between himself and the plaintiff, in order to chew that
he had no vindictive feeling towards the latter. The letter alluded
to an affair which Mr. Neighbour was supposed to have made to
his nephew of Five Hundred Pounds to enable him to maintain an
action against the defendant for the vindication of his character, and
then called the attention of the uncle to the proceedings as above
related, which had takes place at the vestry meeting in November,
1822, reiterating the charges which 31r. Porkies had made against
the plaintiff on that occasion. It spoke of the plaintiff's defence to,
those charges as " altogether most impotent and unsaticfactory,"
and concluded by advising Mr. Neighbour to keep his 3001. in his
pocket, or give it to the plaintiff's wife and her children, instead of
squandering it among the lawyers in support of an action which
must end in a nonsuit. This letter was the second ground of the
plaintiff's complaint, and was charged to be libellous. The third'
ground was the language used by the defendant at the vestry meet-
ing above-mentioned. It appeared that since the resolution of the
vestry the plaintiff had repeatedly offered to pay any balance due
to the parish, butt that none was claimed of him, and that lie had
demanded the winos which he had deposited, to cover any balance
which might be found against him ; but this was after he was in.
formed that the goods had been would or applied to parish uses.'
Mutual actions had been brought between the plaintiff and 31r.':
Porkies, on the 31' George 111. c. 137. for supplying the poor- I
house with goods whilst they were respectively in office; and these
proceedings tended to increase the diesentions between the parties.
before the case for the defendant was gone Into,
Mr. Baron limairau suggested the propriety of withdrawing a
Juror, in order to prevent so unpleasant an impiiry into the plain-
tiff's character, as the pleas of justification involved, and which
could have no beneficial effect, considering that the plaintiff was a
young man entering upon life.
The defendant's counsel seemed inclined to adopt this course, but
it was rot acceded to by the plaintiff, she, it was stated, had been
driven out of Dover, and had sold his house in that town.

Mr. Maul-Ave then addressed the Jury on behalf of the de.
fendant, arid called several witnesses to prove the special pleas of
justification. It was proved that in June, 1822, the plaintiff had
called his creditors together, and had offered them seven shillings
In the pions', which they agreed to accept, on condition that two
of his friends would guarantee the payment of the composition ;
that he had offered to pay a lite dividend to a grocer in Dover, of
whom he had borrowed some copper money to pay out-door
paupers. That he had bought the cow in question for the price of
10/. or IW. 10s., for which he charged in his accounts 151. and de-
clined giviag a voucher for it. That he had stated at the vestry
meeting on Nov. 18, that he was solvent, the fact being otherwise.
That the statement contained in the defendant's letter to the plain.
tiff's uncle, of what had taken place at the vestry meeting, was
correct as it occurred. That the plaintiff had had a full opportu-
nity of explaining his conduct to the vestry, had he been so
minded. And that the clamour raised against him was in conse-
quence of his apparent indifference, and his avowal that he had
applied the :tot to his own private account. That, in paint of
fact, there was a balance now of I2L against him which had
serer been paid, and which arose in consequence of the goods
which he had deposited with his co-guardians not producing the
price at which they were estimated. Several other particulars
were deposed tn, but it did not appear that the plaintiff had not
applied the copper money, borrowed of the two tradesmen before
mentioned, in paving the nut.doot paupers. The proof, also, did
not go to the whole justification.
Mr. trifle XEY called witnesses in reply, to prove that the cow
was really worth all the money which the plaintiff had charged for
it, and put in a letter, in which the plaintiff had applied for a re.
turn of the goods, which he had detusited to cover any balance
which might appear against him • but this, as already mentioned,
Will not until after the plaintiff knew'
that the goods had been die.
posed of by his co.hniartlians.
Mr. 3iAlis TAT'S' replied upon this evidence.
Mr. Guar: EY replied generally upon the whole ease, and con-
tended that his client was entatle,l to a verdict, the evidence for
the defendant having fallen fir short of the purpose for which it
was adduced. The conduct of the plaintiff throughout was &N/IM
Ode; for, notwithstanding his etoburassments, he had done every
thing which an honest man could do, to save the parish harmless.
Malicious motive had actuated the defendant, whose hostility to
the plaintiff was founded in the disappointment as to the beer
contract.

I-. Baron tleanan charged the Jury, that the plaintiff' was
entitied to a verdict. inasmuch as there were several parts of the
libels which bad not been justified ; but his bordship Jul not think
it a case for very heavy damages; td this, however, the Jury were
'the sole judgis.
The Jury retired for atom; half an how, and found their verdict
for the plamtift--I)amages t hte Fanhing.
The trial lasted until six in the evt
The business of the Crown Side ceded this eve:iiiig at seven

o'clock. None of the capital convicts were left foe execution. The
gaol would not have been cleared so soon, but for the usistancy of
Mr. Nolan yesterday. who tried a great many prisoners in dm Ana.
baptist chapel of this town.
Two rather interesting cases on the Civil Side were made rerna.
nets until the neat Assizes, in consequence of the pressure of other
imminent namely, indictments preferred by Lard flarborough
against Lieutenant Graham, and a seaman in the Preventive Ser.
vice ; the first for an alleged challenge sent to his Lordship by the
Lieutenant, and the second Air an alleged assault upon his Lord.
ship on a late occasion, when the King's Bench refused an applies.
don fora criminal information at the instance of his Lordship.

SATURDAY, AUGUST 14.
The Assizes finished this afternoon Omni four o'clock. On the
Civil Side four Special Jury causes were left as rernanets to the next
Assizes, there being no time to dispose of them.

PHII.POTT P. hritscritsves.
This ma another action for a libel, at the instance of the slime
plaintiff in the case of Philpott P. Page. It was intended to try this
rause, but this morning the plaintiff withdrew his reawd. In
Philpat r. Page, the Learned Judge refused in grant a certificate
to deprive the plaintiff of his full costs, although the Jury gave hint
only a farthing damages. Only one cute was tried to-day. It was
an action to try the boundaries of a manor. but was wholly desti.
tut* of public interest.
The besmes at Lewes is expected to be very heavy for Sussex.

OXFORD CIRMT.

SHROPSHIRE AssizES, Accurr 14.

CIVIL SIDE.
JONES v &SEEN AND OTHER/.
Mr. RICKARDS opened the pleadings.
Mr. TAUNTON stated that this wan an action brought by the
plaintiff; a watch-maker at Newton in 3lontgomeryshire, against
the defendants as proprietors of the Leek. • Welsh leach, in
which the plaintiff was a puunger from Newtown to Ludlow in
Shropshire. The accident he believed occurred from the inade-
quacy of the coachman, who in the first place was drunk, and
further, that the person who so drove was not a regular coach-
run, and was only a horse-keeper, and " third turn' at a Welsh
Itll . It would appear that front the unskilful condect of the
coachman the splinter bar broke, and the plaintiff was mei-
pitated from the top of the coach and his leg dreadfully fractured ;
by thicaceident the plaintiff was so much injured that he will be
Janie forthe rest of his life.
Several witnesses proved that the coach was going at a furious
rate, and that the end of the splinter bar knocked against • post ;
and that besides the coach being broken, the shock wu so great,
that in the phrase of the witnesses the passengers flew off like
crows from a nest, and that the plaintiff' was taken up dreadfully
hurt.

.
Mr. VI oolaston, an eminent surgeon, proved that he had had an
extremely bad comround fracture of the leg near the sock. He
could only reduce it by cutting off the point of the bone which
projected through the wound. This rendered that leg shorter
than the other, and the plaintiff would be therefore always lame.
Hill charge for the cure was 201.
Thomas Williams, the apprentice of the plaintiff stated, that
the plaintiff had been injured in his busines by his confinement,
occasioned by the accident. He stated him to be a watch and
cloekmaker, a hop-dealer, grocer, tea-dealer, and ironmonger.
Mr. CAMPIIELL, for the defendants, stated, that he should
prove that the injury arose from pure accident, and that no blame
whatever attached to the coachman.

Richard Ess, the coachman, stated, I drove thg coach on the day
in question from Bishop's Castle to Ludlow. The road where the
accident happened is both steep and awkward, Cut the wheel was
locked in going down the hill which is there; but I had taken the
drag off again, an :was going on at the rate of seven miles an hour.
I was quite sober. Irturning a corner, the off-side wheel was slug.
glib, and the near side leader was going quick. On my whipping
the sluggish horse, the free going one gave a jump and dashed the
splinter bar against the post. They broke the pole, and the coach
stuck fast. I don't know how the plaintiff got off the coach, whe-
ther he con thrown off or otherwise. I had driven a coach between
Leominster and Hereford, but I was not regularly coachman. •
Cross-examined by Mr. TACIIITOIf—I never was a regular
coachman. I had never dri wen • stage-coach. I was boots and third
turn, at the Crown, at Ludlow. All the horses were not galloping.
Two of them were galloping at the rate of four miles an hoot; and
the two others were trotting at about nine miles an hour. (A laugh.)
A man named B•ateni was just behind us. As we turned the cor-
ner, he cried nut, " Keep round," and within half a minute we
were against the post. I don't know what width of ground a coach
takes.

Jr. 3 Twv xTow—Then you may go, Mr. Coachman.
Edward Bright stated, that the coachman was sober, careful, and
skilful. I heard of the accident, and went to assist ; I found the
coach broken, but the coachman was sober though frightened. This
Is • dangerous place, but I never met with any accident, because I
drove csrefully round the corner.
William Farmer stated. I keep the Six Bells at Bishop's Casde;
' I saw the coachman ; he had one glass of ale.
Emsw.examined—l was paid seven-pence for the ale, but others
drank as well as he. _

---51;r1he Minton mod several other witnesses spoke to the sobriety
of the coachman.

Ttplled.
Mr. Justice LITTLICOALIt summed up to the Jury at very great
length.
Verdict for the plaintiff—Damagen 1501.

- -
JONES T. WII.I.IAMIL

Mr. C. Psstt.r.lPS stated, that this was an action for wrongfullyl
imprisoning the plaintiff. If the facts were as stated to him. it wu
la case which called for considerable damages. The plaintiff was al
person in humble life—the defendant a person of considerable
station. The plaintiff, Elizabeth Jones, was a young woman
barely 21 years of age; she was the daughter of humble parents,
and was three years a servant to a gentleman named Owen; he
made arrangements which rendered her services unnecessary ; but
he recommended her to her next place, the service of • Mr. Hughes.l
That gentleman kept three Servants, and one of them, his house-
maid, was the plaintiff. He was afflicted with severe illness,
which this girl was obligtd to attend him in. This affected he,
health, and she gave a month's notice to quit ; • system of intimi-
dation was then began ; she was threatened with a constable, and
the House of Correction. This frightened her, and she went to a'
relative, who lived about 300 yards off; hut in a quarter of an hour
• constable took her before Mr. Williams, the defendant; that
LlTT:told the girl to beg her mistress's pardon ; she did so, and'
withstanding sent her to Williamson.
Mr. Justice PAIRE.—IS Mr. W a Magistrate?
file. C. Putt.T.trn—No, my Lord, he is not ; and I hope he
never will be one. If he cannot behave better as an apprentice
.Magistrate he will do little good to the country when he becomes
a muter Magistrate. The supposed Magistrate stops her wages,
and has her trooped through the public streets of the town of Den.
high, and sent to the gaol at Huthin. I will contend, said the.
Learned Counsel, that as this girl was not a servant in husbandrk,
the defendant, even if he were a Magistrate, had no power over,
her ; and even if she were he gave her a double punishment.
Mr. Campbell woe% no doubt, wish to get his client our of the
serape on a paint of law, and withdraw the ease from the conside-
ration of twelve honest men. The defendant was determined to
have law enough, for he had not only engaged Counsel there,
but had two silk gowns in the other Court, and besides that,
lie had four atternies to get up his case.—(Much laughter.)—
The laudable defence was to be, that by the charter of the town of
Denbigh the Aldermen of that place may appoint a deputy--that
deputy, the defendant affiTted to be, but the fact tru, that the de-
fendant was not duly elected, as not one of the necessary forms
was gone through, so that the defendant was not entitled
to a notice of action. The Jury had to try what compensa-
tion was due to the plaintiff; who, having nothing to de.
pend upon but her character, received an injury which tent
to destroy that character altogether, and to cansider what da-
mages she ought to have for teing imprisoned ten days after she
bad complied with the terms prescribed for her liberation. When
the defendant ordered her release, her very liberation after ten Jays
imprisonment by the defendant, showed that he knew I.e was
wrong; this was not compassion, hut he was told by his four at-
tonnes that he must feel for his pocket, and he sends one of them,
his deputy, to let her out ; he, as deputy, punishes, and he par.
dons by proxy ; and what was her offence ? she would not, and
could not attend to the loathsome diseases of her master. He
would leave the cause of the young woman with the most perfect
confidence in their hands.

John Williams Jaica—, I was constable at Denbigh; I apprehend-
ed Elizabeth Jones, the plaintiff; and took her to the defendant's.
I saw him; Mrs. Hughes was there ; I took her from a house very
near 31rs. Hughes's; Mrs. I fughes's son was also there; he is an
attorney; this was at about two o'clock ; I went to Cockner Wil.
Items; he is an attorney ; I could not ace him; the plaintiff came
there with her mother and some other woman ; I know a constable.
named Price.

Cross-examined by Mr. Caatrecm.—l took Ler by cooler rf
Thomas Hughes ; I had not then seen Williams ; 1 told her I came
to her for leaving her service ; she said she would come with me ;
her mother said " Let us finish our tea first." They did so, and
as we were going to I said you had better go to your
service again ; she said " I would rather go to the gaol and rot."
We went to the defendant's and were ordered by 3lr. Hughes to
mine in ; wr remained half an hour; Mr. Williams wished her top
beg Mrs. Hughes's pardon ; he spoke kindly to her, and tried to
prevail on her to go back ; she consented to ask Mrs. Hughes's par-,
don, and said " 1 will go bark if I may." She said she did not like
her place at all; Mrs. Hughes said after she had begged pardon
that she would have her prosecuted ; I was then sent out.
The Learned JUDGE now called upon Mr. Campbell to show
that the defendant was a Magistrate.
Mr. CAMPBELL stated, that by a charter to the town of Den.
high of the reign of Charles the Second, two Aldermen were to
govern the borough, who were to be elected annually out of the hur.
tresses. and serve for a year, and by one of the clauses of this charter
the Aldermen may appoint a deputy in their absence, and he argued
that this was a legal power, for the Judges of Wales may. if they
please. appoint a deputy, and in such • borough as Oenbigh,
having but two 11agistrates, business could not, in the event of the
absence of one of the Aldermen, be carried on. The deputation
was by Mr. 4'. Williams to the defendant to act in his stead.
Mr. C. Pittrt.tra, after pointin,4 mat a part of the charter which
authorized • person to act ns a Magistrate of the borough of Den.
bigh, though he might at the same keep an eh -house, or comaton
victualling-bowie, satd, that though the Altlemien might appoint
a Deputy Alderman, yet another clause said, that the .11ilmnen
should be Justices of the Mace, but no hint was given that
there should be a Deputy Justice of Peary, or that the Deputy
Alderman should be a Justice of Peace at all, for the office ofJus.
tier was something added to the office of Aldemian.
Mr. Justice Pate thought it great neglect that notice of action
had not been given ; it could have done no harm if it had been sit.
pertiuotis. No doubt by charter specially No ordaining, a corporate
officer might appoint a deputy, and there seemed to be such a
Power hew. Aldermen are not r.eevssarily justic;:a of the reace,

but here the Aldermen are so. and hare then a power I. appoint
deputies, and if it were not so, and one of the two Aldermen was
11l end the other out of the town, there would not he an, Magries
Mites to set at all. His Lordship said, that the defendant ought
to have had notice of action, and therefore the plaintif meet Oa
nonsuited.

The plaintiff' was " nnsulted" accordingly.
There now remained only one civil cue for trial (except a Welch
ejectment case, which was trying before Mr. Justice Littledalt);
this Mr. Justice Park expressed his readiness to try, but the Coun.
sel who were engaged in it sent one of their body to say that they
were engaged In the ejectment, which they all declined leaving.
His Lordship, after expressing his decided disapprobation of the
Jurors being kept in &academe two additional days (Sunday and
Monday) on this account, adjourned the Court.
CROWN SIDE.
John Felton was indicted for stealing • watch from the person of
(Samuel Whitehorse.

Mr. MALE 111;;;a: that on the 3d of April Mr. Whitehouse, who
was • most respectable farmer, had been out shooting, and RN,
drinking at a house with some of his friends,, lie was returhing
home on horseback at about nine o'clock in the evening.he fell froM
his horse, and was so injured as to lie sentries' on the road • hie
horse ran away, but his dog and gun were found lying near him' ;
it would appear that some ens had plundered him of his mask
when he was in this helpless situation. it would be proved that
shortly hefore Mr. Whitehouse (who had died of the injuries he
had received) went on hie journey home he had his watch is
his pocket, and the next time it was seen. it was in the hands of
the prisonet, a year and a half afterward,. Some other eircum.
stances also *ould be laid before their. to convince them of the
guilt of the prisoner.
Mrs. Mary Whitehouse. the widow of Mr. Whitehetise; stared,
that on the 3d of April, 1822, he went not shooting, he had with
him his watch, a silver one ; I should know it again. (The watch
was 'hewn to her; she appeared extremely &dieted at the sight
of
it.)_ I am sure it DM his watch.
Thomas Fox stated—l live at Beech-lane, that 1t at the side of
the Birmingham. There is a road close hy through a wood, which
leads from Ilkeston to Oldbury. The Plicasant publir.lueuee is
about half • mile front my house. On the 3d of April. 11122, kits
Whitehouse mid Joseph Downing came to my house at shoot all
o'clock ; thew stayed till nine ; I saw Mr. '4 hitebsuse take me--
ney out of his pocket ; ten pound notes or mere; he took. it out
about a wager between Downing and me; he was stakeholder.
and weasels' to put our two pound stakes with his own, but he
altered his mind, and put his o*n money in one pocket of hie
trowsera, and our stakes in the other ; just before they left
our house he looted at his watch, and finding it was neer
nine, be went away ; I soon heard that he was lying wounded
in the road.
Mr. Maori! was going to cross.examine, bat his Lordship tad
him he might real the witnesses for that purpose at a futon seep
of the case.
Richard Aston stated, that as he was going along the read he
saw, about half-past nine, Mr. 14'hitelessise lying in the rod; hie
dog sod gun were near him, and his hat was off. I looked** him,
and knew him immediately; he was quite senseless. I caught hie
horse and took up his gun, and his dog followed me down to the
last witness's house, where I went for assistance. I returned with
the wife of the last witness and one of my fellow appreutieek As
we approached the plan where he was lying we heard two shoot*
and a hone gallop away. I made a noise. The horse galloped
away in the direction of.the Pheasqnt public•hootie. Wks we got
up to Mr. Whitehouse he was not in the sante place as we bad left
him; be was before lying in the road, and warnow In the ditch,
but this time he had no watch; but I had not *lnured whether Its
had On before Of not. At that time the prisoner kept the
sant public-house. Mr. IR'hitetkotise era taken to the Sereil hie
public-house, where he lived two days, but wee apteohkes the
whole time.
John Downing sated--I live by the road-eide, and who well ac-
quainted wi:h the prisoner at the bar. I saw him on the mod at
twenty minutes past nine o'clock the night Mr. Whisdritsee was
found ; he passed my house after that night ; his father lived eleae
by ;he was on horseback. I observed him particularly--he seal
beating the horse over the shoulden to make i: go Ikon. It was •
very moonlight night.
Crees-inamined by Mr, MACLZ-1 sawhim isn tht tend very
frequently on other days besides that ; every time he not to line
father's be would pass my dont ekes that road.
Examined by the Learned Junes--When the Perms passed slid
whom I took to be the prisoner I her upwards of 24 yeas from
him; independent of the moon it would hare been deli. I did
not speak td him. He rode a darkish coloured hirer be wwl gal-
loping ; and though he was galloping 20 yirdi of, ins moonlight
night, yet I swan It was him.
Elisabeth Tooke stated, I now keep the Pheasant piddle:hone.
The prisoner kept the house before I had It. At the latest ehd of
last year-1 think October—he asked me if any man bad inquired
for him that morning ? I told him not he said he had needed
amen there to meet him, for he had lent I Is. on a *web, end that
the man was to come to redeem it ; he added, that he was surprised
the man had not been, and he asked me if I shoeld ben any ob-
jection to lend him the Ils. I did so, and he element • wish that
I would not let any one OK it, particularly my servant, who had
been his servant when he kept the house. No paean ever called
for the watch. It was in a black tarnished Mots. mad was dirty ;
we cleaned it • the glee looked aif there was • net Ora
haws was oo (Wit upon the silver h wasealy black and otrnesheel.
I used it for some time, and In July, let 3, a person called.—. Jew,
I think--be asked me if I had a watch ? Ile is here.
Cress-examined by Mr. Mauls.—The prisoner's habit also
keeps a public-house ; they were both decent people. It butte'
all unlikely that persons in their situation should not like it to be
known that they were pawning their things. Silver will get a
tarnish if not used, especially if it in a damp place.
Moses Seam, a Jew, was called.—[ He pet on hie hat to be
sword, as all of his religion do ; but one of the Sheriff' of Shrop-
shire's officers, not understanding this ceremony, tenoned it into
a disrespect to the Court, and gave the witness a tap over the
hat with his irr and, to make him take it off. This excited some
laughter.]-1:e stated that he was of the Jewish religion. and
said, I sold the prisoner the wa;ch ; it is of* peculiar:make; it had
a Belcher chain.

The Learned JIL•DGE wished to know what a Belcher chain was?
but the witness, who was a Getman, with difficulty found &glint
enough to give the information.
Examination resumed.—l have seen the watch since in the 'uncle
of 3lrs. Tonks.—The watt* was put into the wimmes band, and
' he identified it.)
John Darby stated, I apprehended the gessoes at Dromesgmve,
where he wits on business as a hotse.dealer. I said to him, Eel.
ton, lam come for you ;he said, are you ? about that d—el watch
/ suppose • well, I don't care about it ; I had it of a man,
at the Five 'Ways, a public house at the junction tithe Five-roads,
near Birminghiuo, but added that he should not know Mtn again.
In the evening he said he had it of young lox, of Bemeb.lane he
is a blacksnitth.

Cross-examined—The prisoner lived sextant trith Mr. Lewis of
Edgbaitton. lie bad a good deal of eun►ersation with me besides
what I have stated ; we talked during a walk of Moe miles ; but
what I have said is an abridgement. I can't tell any more; young
Fox is not here; he is living and in this cofintry.
Thomas Fox was r.•-called and eroas.ezamined by Mr. MArte.
—Mr. Whitehouse and all of us were rather the worse for liquor. I
was not too drunk to know a man's right hand from his loft ; I was
in the custody for this robbery myself; I had seen It just before the
loss in the hinds of its owner, who was very drunk.
This was the case for the prosecution.
The prisoner said he would leave his case to hie Counsel.
Several witnesses spoke highly of the prisona's character.
?jr. Justice PAM( summed up the eridenee, and appeared to
be of opinion, that though there wits little doubt that the watch had
belonged to the deceased, yet that it was not soon enough after the
robbery in the possession M the prisoner to make it at all conclusive
of his guilt, the watch being taken a year and a half before it is
traced to the prisoner's possession. Ills Lordship stated the other
circumstances to the Jury, and put it to them to sa► whether they
were satisfied of the guilt of the prisoner.—Verdiet--N4 Gniay.
liteloar3 Boreal! and George Welling: were indicted far em.
bezzling the money of the Corporation for the Management of the
Poor of Shrewsbury. They had been arraigned at the last Assizes
on sixteen distinct charges of embezzlement, and discharged on at.
count of the indictments being bad In point of law.
Mr. Et•estt.t. conducted the prosecution, Mr. CuRWOOD and
Mr. CAIIMINGTOIM the defence.

From the evidence it appeared, that the prisoner' received gums
of money which ought to have gone for the maintenance of the poor,
but which, in fact, they never accounted for. It also appeared that
this Corporation looked very little after thei- officer', and that the
prisoners when called upon to account for their conduct, ofered to
pay over the sums they had in their bands, but the Corporatiun
would not receive them.

whose salary waa only fifty pounds a.year. had. doling
the period of his stewardship, kept a rate-horse. In his defence he
stated, that there had been great negligence in the keeping of the
accounts, and that when he was called upon to make up his deficit
he oterzil his note for the amount.

The other prisoner declined saying anything in his defence.
Mr. CURWOOG took several legal objections, which wire not
allowed, in favour of Bewail ; and
Mr. CARRINGTON examined neatly twenty witnesses, •ho gay.,
Welling, an excellent character.'
Mr. Justice PARK summed up the evidence.
Verdict—Both Guilty, but Welling* recommended to mercy on
account of his excellent character.
The Learned Judge observed, in passing entenee, that it was
a most heinous offence for men in the situation of the pnioncra
to go on systematically robbing the poor; it was highly whited,
and the negligence of the Corporation was no excuse for them.
This wss one of the cases in which character could not be allowni
to weigh, hut in confidential situations none but men of 'Nod
character ever were trusted, and, therefore, none *theta could by
possibility be guilty of betraying the trusts reposed in them. His
Lordship then sentenced them to be transported for fourteen years.
The tri II excited immense interest in Shrewsburj, and the Court
was crowded to excess in every part.
The business of these assists concluded this d2v, and nn Monday
the Judges proceed to ..pen the commission at Hereford.

RECORD[ a's R P 0117.— The Recorder made his Report
to the Kiag in Council, of all the prisoners under sentence
of death in th.• gaol of Ncwgate. and nho were capitally
convicted at the July Ohl Bailey fl scion, namely—
Richard l'olkinton. aged 30. fur uttering a forged draft for tn.
on Mehra Willis, Percival and Co.; Charles %t'eat, 211; James
Sheen, 19 ; nolosoi Watt.. 17 ; Thomas Chambers, Iti; and W.
(lance', lb, for Housebreaking. Thomas Jay alias Narfolk,
35, for Ilorsestealing. Edward Cook, 24; Philip Smith saes
Lloyd, 21; John Fuller. 24; 11, Leroy, 17; Charles Eng:ellen.
22; and Joseph Finch. 29, for stealing in a Dwelling House to
the amount of lofty shillings and upwards.
When his 3fajesty was gr.loons!y pleased to order that they
shou!d be all respitAl.

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