The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-15 00:00:00

LONDON SESSIONS, WtuNkion.ty, JAN. 14.

Thomas Srlby, the driver of one of Means. Whitbread's drays,
was indicted for a Wanton and dangerous insult upon John Cle-
ments, a fishmonger, at Slough, and on his son Henry, a child not
three years old.
On the lath November the prosecutor was in a light tart, and
his child was alerping at the bottom of it. Upon turning eat of
one of the streets into Fish-street-hill, perceiving a space
between tine drays, be drove into the line, and was p oeeeding to-
wards letadoo-bregye, when the defendant, the driver of the second
dray, determined to regain his position cleft in the rear of his com-
panion availed himself of an opening between the prosechter's
vehicle' and the footway drove in his horses, sod locked thefore
part of his dray in the wheel of the cart. The prosecutor entesated
him to stop, and he did so for an instant ; but before the wheel
meld be stop,
the defendant again moved forward, sspbtg
—"1.1--a you, I have got you now ; if you don't get yett r
i'R hoar kto Meese." This threat he 11.`
wheel of the complainant's cart was shattered to....;tWrisrethe
thrown down in the road, both the shafts broken, and the sleeping
infant chucked mat. Fortunately, however, he was caught by the
father, who bad just time, an instant before, to leap out Mnaself.
Such was the evidence given by the prosecutor, and his wife,
who was walking on the foot pavement by the side of the cart when
the ask happened ; and their story was fully corroborated by Mr.
llamas, • tradesman in Botolph-bate, who also spoke to the con-
dom of the defendant, who, while he (Mr. Barnes) was taking his
somber, was the a huigh of the &SW.
Mr. Flint, the habert, on Fish-sweet-hill, who had wk.
awed the whole affair from his drawing-room window, described
the defendant's =duet as most wanton and unfeeling. He
I whipped his horses, though the dray was entangled with the cart,
and appeared to be laughing and jeering at the expostulations of
the by-standers. Mr. Barnes and himself, he said, had gone with
the complainant to the brewhoose the next day, but were unable to
obtain even the expenses of the repairs of the cart.
' Mr. ADOLPHUR and Mr. eurati.ze Pati.virs, for the de-
fendant, cross-examined the witnesses with great minuteness, and
established the fact that no injury had been sustained either by
the father or the child.

In the course of the cram-examination of Mr. Flint, Mr. Anon.-
reirs' who was interrogating him, not being able to make him
osmprcliend pteciscly the nature of his piestion. on putting it to
him the third time, added, somewhat inclignanily, " Sir, I speak
plain English, though I do not use such tine words as you do, and
talk about infants being ptupelled from a cart, and such stittfas we
ban juts . . _ .

Mr.. Flint_" Sir, I am not to be borne down by the unbearable
insolence and licentiousness of Counsel."

Mr. Awot.ru " Nor I, by the insolence of a man who con.
ducts himself in the witness-boa more like an Advocate than an
evidence. (live me your answer, Sir."
r. Flint was silent.

Mr. Anist.ritusisifter a short pause)—" Well, Sir ?"
Mr. l am really so very dull, Sir, that I cannot under-
stand your very intelligible language."
Mr. AnoLvittis—* You are indeed much duller than you
think yourielf. I will ask you again, Sir."
Mr. Flint-.." Oh! very well, Sir ; as often as you plume."
Mr. Annupllllll.--" Did you not, at Mr. Whitbread's, suggest
to the prosecutor that he had omitted a part of his story—nsuiety,
that the accident did not happen till after he stopped ?"
Mr. Flint—" That's impossible; the dray must have been mov
ing at the time of the accident."
Mr. ADOLPHUS—" That is no answer to my question. Did
you suggest that the accident did nut happen till after the defend-
ant stopped ?"
Mr. I. list.—" I think what I said"-
1 3,1 r. ADOI.PIIIT2I--" I will have an answer—yes, Of no."
_ . . .

Here another rally, of a similar description, not„ very fitting for
a Court of Justice, ensued, which terminated by the Counsel tell-
ing the witness he might stand down.
Mr. ADOLPHUS then addressed the Jury. One of the greatest
evils of the present day, he said, was the perversion and stretching
out of the criminal law, to meet every description of supposed
wrong ; and he deprenueithe danger of that Court giving its sanction
to the doctrine of constructive assaults. To constitute an assault
in law, there must be a malicious motion towards the party as-
saulted, and that party must be within the probable reach of such
ruction. Bat here an assault was charged as upon the child, of
whose existence, and still less of its being in the can, the de-
fondant could nut have been at all aware; and it was not pre-
tended, after all, that the child had received any Injury. This he
contended was palpably a case of damage, and not personal vio-
lence, and the remedy should have been sought by action I or, if
the sufferer was poor, by other more summary methods which the
law pointed oat.
Three witnesses, viz. the prisoner's fellow-servant, the driver of
the first dray, the driver of a Greenwich coach, and a waggoner,
were called foe the defence, who insisted on a very different account
of the &fele. attributing the blame to the defendant.
The Learned it isconnEa, in summing up, observed, that the
endangering the lives of individuals, in a manner similar to what
had been described in evidence, although no personal injury might
Imre been sustained, had repeatedly been decided to be an assault;
and
_ . . . . .

—.-
The Jury, without leaving the box, brought in a verdict of
Guilty.
The RECORDER, after some general observations on the impel,-'
priety of conduct evinced by persons of the prisoner's description,
and the total want of feeling exhibited by hint through the whole
of this strait, sentenced him to three months' imprisonment in the
House of Correction.

CAMBRIDGE SESSIONS, JAN. 14.

IRVure the RUCOILDEI.I

CHARGE OF SWINDLING AGAINST A STUDENT
OF THE UNIVERSITY.
_

The Court House was crowded to emcees at an early hour, and
Members of the University were to be seen in all parts of it, in
consemence of a long-standing and serious accusation against one
of tile Students of Trinity College. 17pon the bench sat several of
the Fellows of the Uruversity, and other gentlemen of the
highest respectability in the County. The case excited the
deepest interest., on account of its novelty, as connected with a
Student of Cambridge, and the respectability of the family of the
accused.

-----
James Suck was indicted, for that be, not minding to get his
living by truth, but being evil-disposed, and donning how list
night obtain possession of the goods of others, for his unthrifty
living, did Send a letter, or cause a letter,to be sent, in use name qj
William Henry Ord, which later was false and fabricated, ea
Newby, of Cambridge, fur four volumes of Ileind's
•
To this indictment the defendant pleaded Not Guilty.
Them vii aupther indietwen‘ ch+giag 018.264 up, in
,tlr

7 777

sane fort, with' having sent a false lad fabricated letter, in the
mine of Themes Lord Haigh, to William Warreker, of Cam-
bridge, Me a domes pair of black silk stockings, a quantity of shirts,
Tosilk oves, he.
o this hidictment he also pleaded Not Guilty.
The dellatiant was permitted to sit at the table, text to his
Counsel and Solicitor.
.Mr. PniacE conducted the prosecution. The defendant, he I
anti. was a student of the Inner Temple, and was lately a member
of Trinity College. The Jay must doubtless hear with astonish-
' a young man in such a station of life, and so respectably
attl„ was indicted for the offence which had just been particu-
his circumstance would probably be alluded to in the defence
attuned as an argument against the probability of guilt ; but it
shade( be considered that men were only rich in proportion to their
power of making their expenses subservient to their ability, and
that was a good definition of affluence which stated that he was •
rich man who laid by more than lie expended. It would be proved
that the defendant had availed himself of the knowledge which his
academical intercourse with some gentlemen of the Ilmversity gave
him, and that he adopted • course which disgraced himself, and
reflected discredit upon the University. 'flie indictment was
founded upon two Acts of Parliament, the 33d of Henry VIII.
which enacted, that if any we obtained goads by colour of false
pretence, or counterfeit letter, he should be punished by fine or im-
prisonment; and the 1111th of Gee. 11. which extended the offence
to any false representation whatever. There were several counts
which the Learned Counsel enumerated, but which it is wholly un-
necessary to notice here. Mr. Newby, the prosecutor on the first
indictment, was, he said, a beakeeller, and had had some dealings
with the defendant. On the 51st of July he received a letter to the
following effect ;--
" Isle of Wight.
" Mr. Newby—Sir—Be so good as to send me immediately a
copy of Ileyne's Virgil, four volumes large paper if you have it ;
also an edition of Horace. lam in the Isle of Wight with my tu-
tor, and shall be moving about constantly. I have a parcel corning
from the Bull Inn, Aldgate, on Friday, and will thank you to send
the books (firmed there in the Safety Coach, till called for, so as
to reach the inn in timerto be forwarded to me.
• " I am your obedient servant,
" Trinity College." ' " W. R. ORD.
Now Mr. Ord ahead be produced, to prove that be neither had
written the letter nor mat Roiled the writing of it. Upon receiving
it, Mr. Newby made no scruple to prepare the books ; but not
being supplied with some of them, he was induced to apply to
another bookseller Mr an accommodation usual amongst the trade;
and he then • that this letter was not a solitary instance
of the libaty teltai a some ; for another latter had arrived
eseertau4
fawn the Isle e ply* an order in a different name far
boo* mod Mere strong reason to suspect that the
eibenibed names of dm gentlemen had been forged, and that
the forgery was by the same person. Mr. Newby, notwith-
standing- the doubt suiting in his mind, executed the order.
He, however sand • person to watch his supposed correspondent,
and determined, if any fraud was meditated, that proper steps
I should be taken to detect the offender. An officer was forthwith
despatched to London, with directions to apprehend any person or
persons who should call for the parcel directed to Mr. Ord, and
the parcel was sent off to the Bull at Aldgate. As was expected,
• person called for the parcel in due time, received it, paid the car-
:Lupo,' it, and in walking away was apprehended by the Cam-
constable, under melt circumstances as proved his guilt,
fee he betrayed symptoms of confusion, and had upon him a slip
e paper which contained memorenda, forming a clue to the whole
ash of imposition upon the Cambridge shopkeepers. It was
needless to say that the person apprehended was no other than
die_ prisoner.
• Mr. Ruler, for the defendant, took several legal objections to
the preeeediegs, anl ably contended that his client ought to be
sequined.
The Rue OinZle, however,
_overruled the objections, and
Mr. His xr then said he should have the case in the hands of
the defendant, who was preparing for the profession of which he
*cold one day be an ornament.
The defer t, who sat at the table neat to his Counsel, then
terse. The time of trial, to which he had looked forward with so
mach anxiety, had at length arrived, and deeply painful as his
eadeipations had been, they fell far short of the present overwhelm-
Masa' his hese. 1e stood there chsrged with an offence
satiety which be revered, against a Clod at whose name he
and whose worship he adored--he stood charged as a
oniseela Silsbee. A member of • family whose respectability was
allnenallyerbf, wi.les.eugpoondet
ttaeme had nineivosser boenedn
stinted—oar
gar good
dl his jftill: life datleusedd—d e weld not 11;titet
ibioucl
not
sr
within
besseiteati7from °thee:rind a dependence upon
the wisdom of those who were to decide between him and his ene-
mies. slit the Jurz. tviN the Jury, came into Court loaded with
prejudicataganst hug That it could be otherwise was impos-
obis ; boatnerable were the insinuations made through the town
in wild he wee so be sect, ' his character, anti every new
'gibs 11111 owe soil blamed ; but he knew that
„mall" . MOIL would all fly before the
21=smst
the vindication of his
Lone • and dot which he was obliged to notice,
athee;gb we been made to establish their truth,
wadi wet he to interfere with the judgment of the
tied,* mesa who were to decide upon his We. It bad
bees doled diet be was a student of the lane? Temple, and
be was doeipil with presorapdoo in asserting that be was. But
We, likeell the Ober Indignant attacks, was fake; and he had it
in bk pewee le slow k by the
Auctionprod of his conflate, whist
I* femeleetalf beg Dot been ed Those and a buiedr'
other fake opens, bad been long Seating through the atmeelbete
eaf=ilt,. and mast bare drifted into the ears of the .fury ,
maim is 0.. excuse foe alluding to circumstances
while lo was &woe could have no edict upon their minds in their
caleamliassepia Wapiti or innocence. to months had all those
stories, to his liken', been io chilly circulation, so that the minds
of hi apposes mast naturaly be expected to have acquired a
shame ellai if animmeity by the pernicious habit to which he had
found blossomy is allude. It was true he had the books in his
pesesesian—it was eleis he had the slip of paper in his possesaioe ;
so fur the appearances militated against him, but this posseselon
had nothing to do with a false pretence. Not one word of evidence
has been adduced in proof of that most indispensable material in a
charge of fraud. A ink was wanting in the chain, and the aim-
*anon limo fiat* fell to the ground. The intention of the accused
was as tree from evil as were the thoughts of those whom he now
addressed, and happy would he have been had his uounsel listened
to his suggestions, and 'Keened to press any legal point, con-
tent to let him stand or fall by the unvarnished representation
of the real facts. It was indeed a source of great satisfaction
to him that the Learned Recorder had over-ruled the objec-
tions which had been advanced for such • subterfuge, as an ap-
plication to errors in legal writings or statements, as a ground
of acquittal, was only fit for the guilty. There was • heroic
innocence as well as a heroic courage; he felt the latter in all its
rigour, and to the trial by Jury, which must be called the palladium
of British liberty, so long as it remained incorruptible either by
passion or avarice, he would rather submit the case than appear to
be under an obligation to mistake or inaccuracy for the result of
the trial That the books were meant to be obtained fraudulently
he had no hesitation in believing, but that he became possessed of
them in a just and honounible manner he would cootrince the
Jury that there was as little doubt; and he hoped they would de-
mand the most undeniable proof that be was the writer of the letter,
before they considered him guilty. The defaidant then went into
a detail of his acquaintance with a Mr. Hales, whom he first met on
the turf, and in allusion to the present charge said, that this Mr.
Hales informed him of his wish to leave hoodoo, and observed
to the defendant that he could execute &commission for him. Hales
said—" I have been commissioned by Mr. (rd, Mr. liennitch,
and Lord Hay, to have some parcels which they expect in London
from Cambridge, transmitted to them." Lead, et once, to mamma-
date him, that I would attend to the business t he thanked me,
amid said that the academy' to whom he was to seed the parcels,
were in the Isle of Wight ; but, said he. Idea% know any thing
about the Isle of Wight , I am quite a stramor to it ; however, I
'ball on my return do all that is neemsary, tf you will be so °mg_ '
log as to get the parcels, which are to be directed to the Bull Inn,
into your pores on, sad keep them in • corner of your bed-room.
I consented to do so, and to pay whatever charge might be made,
and, Gentlemen of the Jury, The very head and front of my of-
fence bath this extent, no man.' I did not think it necessary to
send a porter for the parcels, for I calculated that he must be paid
half-a-crown for the wend from the Bull Inn to Adam-street in
the Adelphi and • coach would not coat me more ; I, therefore,
having nothinisetse do, walked to the Bull, applied for the parcel
without fear or nation, obtained it, and was walking down the
steps to call a coach, when the (alto laid hold of Me.—
I repeat, bed= the Loaf ..itheiglity Gad, that my conduct was
that of an honest meat--that my conduct is that of an innocent
man, who has been imposed upon by a villain. This is the plain
"unvarnished tale" of the whole scene of misfortune. The same
account I have always given, and the same I shall give at die
judge rent seat of Christ. 'The defendant then applied himself to
other matters of defence, and insisted upon the improbability of his
committing the alleged fraud from pecuniary motives. He would
prove that his credit at Cambridge was good—that, upon a pike-
von to any shopkeeper there, he would not have been refu
that even Mr.Warreker, one of the witnesses for the prosecution,
allowed that he was to be depended upon ; for after the charge had
been made, that gentleman begged to be allowed to send him twenty
pour.ds' worth of goods. Mr. Vi'arreker was here, and he had it in
Iris power to deny it if he could.
Mr.Warreker.—lt is not true.
Defendant—He had, be said, plenty of witnesses to prove that
Mr. ‘Vareeker had made the request. The case was wholly without
support, and persons in the Courts above knew it, for it had not
nut only been submitted to gentlemen of ennnenCe at the bar, but
to a Judge, and they expressed their surprise at charging a man
who could =emend an. at any time, with a robbery of its.
The Itcconnxii—l cannot, defendant, permit that to be said
of a Judge, who it is impassible the case could have come before
him.

The defendant asked, whether it was not reasonable to suppose,
that if he wanted money, he would part with his chronometer, foe
which he could have got HS guineas in an instant, rather than have to
send to Cambridge for 41M. worth of books to supply his necessities ?
Let the Jury look at the case as they would, they would see no
more than this—that he formed acquaintances with greater speed
than discretion, and the only point is dubio was, whether he was
not the dupe of a villain. He declared, that as he hopial for salva-
tion he was cruelly and unjustly punished; that he complained
not of prosecutors or Magistrates, who were carried :,way by the
torrent of suspicion, and that whatever might be his fate, even
though the verdict should hurry his dying mother to the grave, he
should offer to God the effusion of a soul as resigned as it was
innocent. if the Jury believed hint to be guilty, after such posi-
tive assurances of innocence, they must believe him also to he the
most perjured and iniquitous of God's creatures, who would be
content to destroy his soul through all eternity, upon condition of
cseping from a trivial punishment. Us begged die jury to reflect

upon the consequenees of an unfavourable verdict to him anti his
family, and to prove by thchr decision that he would not be in-
duced to ruin the hopes of his brothers, who were all younger
than himself, and to become the digitontmottrari if every passer-
by ; that he would not by an act of baseness subject himself to
banishment front his friends, a homeless living monument of
blighted ambition and detected villany. He wanted not such an
acquittal as would be calculated to throw the least shadow on his
innocence ; sooner would he rush into the presence of his Ood.
The acquittal he wanted was that which would restore him to
confidence and felicity, the reward of his innocence and the test
of his truth.
(At the conclusion of this speech, there were some expressions
of admiration, but they were checked by the Recorder.]
Several witnesses were then examined for the defendant, who
generally considered him trustworthy, and incapable of a swindling
transaction.
J. Brown, Esq. Tutor of Trinity College, in his eras-examina-
tion, said, "I have my doubts whether he is or is not incapable of
a swindling transaction."
The RECORDER then summed up the evidence. He observed
that the case was of vast importance to the public, who should,
upon all occasions, be informed that no station, however high,
could exempt a guilty person front the operation of the law. It
was also of paramount importance to the defendant, for the verdict
must either restore him to society, or consign him to infamy and
disgrace worse than death. In the appeal made by the defendant
to the feelings of the Jury, they Wee to consider that, powerful as
it was. it consisted of mere &aimless, unsupported by evidence.
The Jury rented, and in two hours returned a verdict of
Gadfly.
The defendant seemed to be quite overcome at hearing his doom;
he hid his face between his bands and subbed.
The RECORDER then addressed him, and said the evidence
had been such ea to leave no doubt of his guilt in the minds of
n who heard it.
The sentence of the Court was then passed upon the defendant—
almiprisonment for two years.
The defendant does not appear to be more than eightetr.
Of nineteen years of age.
IThe trial lasted ten hours, and the Court and passages were
crowded up to the moment the sentence was passed.