The British Press; or, Morning Literary Advertiser.
London, England, 1803-02-19 00:00:00

OLD imILEr.

TIBRUAnY IS.
al-ore S;r BrAvvicyßi liornAm, Knt. &it-SIMON Ls
BLANC, and Sr ALAN CH Asinr.r.

yoke f'r'ee and lan= Nowland mere indi6ted on ,
the Coventry or fl kek A&, for malicivasly lying in
wait, cutting, wounding. and violently assaulting
Rebel t Pigeon.
Robert Pigeon, the prosecutor, stated that, on
the 27th of January, be was at the sign of the White
Hart public:horse, Hammersmith, where be saw
a boy, who attends the Chiswick errand-cart, come
in, and complain that the cart had been robbed by
two men, in Black-Lion-lane. In consequence of
which, he went Out to assist in taking the offenders
into custody. Very soon after he had been away
from the House, he met the prisoners, and by acci-
dent jostled against Price, who immediately asked
Lim why he did so ? The witness replied, "I believe
you are one of the thieves that robbed the cart." A
scuffle then took place between them. Shortly after,
at person named Brooks came up, andtook hold of
Price, who, all of a 'sadden, wasnnssed by the wit-
ness. Soon afters*ards, he heard Price cry, " D—n
you, Jack, come here, we will do them both." Ano-
ther person then came, who proved to be Nowland;
he laid bold of the witness, and exclaimed, .4 What
do you want with that man (meaning Price) ?
cut your is--y heart out." He then struck him
on the left eye, with a knife, which he had in his
hand. The witness struck him again somewhere
about the breast, and the prisoner cried out, " You
have alone me." On this the witness took him by
the collar, when the prisoner cut him across the back
'of his hand; notwithstanding which, he held him
with his left hand, and attempted to strike with his
right, hot could not clench his 'fist, from the cut he
had received, whith had separated the sinews. 'The
prisoner then appeared aCtuated by a full determi-
nation to commit murder. He infligted 'several se-
vere wounds about the head, neck, and -face of the
witness, who said to hint, " Yon villain, you have
cot a knife'!" he answered, " Yes, I have ; and will
cut your liver out with it." The prosecutor then
exerted himself to throw the prisoner down, dnring
vt.ich the blood occasionei:l24 the wounds he had
received in his mouth, chocked him ; he,
however, by an extraordinary endeavour, called
nut Murder," on which the prosecutor heard a •
rattle go, and shortly after, a person named Haines,
came to his assistance, who exclaimed. " Who are
yOu ?" The prosecutor said, 44 I am Mr. Lock's
man—this villain has been robbing the errand-cart,
and has been trying to murder me." Haines then
laid hold ofthe prisoner, and threw him down, and
soon after had him taken into custody.
William Brooks said, be was at the White Hart,
cn the 27th of January last. About eight in the
evening he heard a boy say, that two men had rob-
bed the errand-cart ; he went down Black-Lion-
lane, and met the prisoners with a box ; he asked
them where they got it.; they told him they bad
found it in the road, and they supposed it had been
taken from some tart. The witness opened the
box, to ascertain what was in it. While he was so
employed, they ran away. The boy who belonged
to the cart ran after them, and cried out "stop thief;"
the witness also followed them towards -Hammer-
smith. When he got to the four-mile stone, he saw
them again, with another man, who proved to be
Pigeon, the Prosecutor. He laid hold of the -pri-
soner, Price, who struck him ; he then observed
Nowland jump out of a ditch, by the road, and
beard him exclaim, .4 I'll do you both." By this
time the witness was 'thrown down by Price, who
was a much stronger man than himself. As soon
us he was on the ground, Price left him, to go to
Pigeon. It was moon-light, and the witness saw
the prisoners, so as to be positive of their faces.—
"They were shortly after taken into custody.

"'mews Abraham Smith said, he worked with the
Chiswick carrier ; he was following the cart, on the
27th of January, down Black-Lion-lane, when he
saw two men with the'bou that had been taken from
Lis companion. He was sure the prisoner Nowland
vas one of them, and that the box was in his posses-
sion. immediately afterwards he went to the pub.
Ic-house, and gave the alarm.
Charles Grevenor said, he es a surgeon at Ham-
tmersmith ; he attended the prosecutor on the 9"th
of January at the .priblic-house. He examined him, ;
and 'found he had received a severe wound or cut
tivershe -temple ; one from his forehead down to 'his
ear; and a transverse cut across the nese; his lands
were also cut in a severe and cruel .manner; several
tit' his fingers were disabled; tile whole of whids
-wounds appeared to have hien given -with a knife. ,
Mr. ALLEY addressed the Court, and observed, ,
that in 'the present indiament, it was necessary the
prisoners should be found to have lain in wait, for
the purpose of committing the crime for which they
.stood indicted, before they could be found guilty ; ,
glad as no evidence had appeared to that end, ac-
cording to the Adz of Charles 11. they could not be
cont-kred. However wicked their conduit might
appear, or their crimes demand punishment, it was
'better they should escape,.than th.tt the law should
le violated. If it could not be proved, that the pri-
soners had annally laid in 'wait, they could not be
conviEted according to the Ad of Parliament. He
then cited various cases, which went to support the
iobjenion he had made.
(hurt, after nand-. discussion, ace of an opi-
-Mem, that the article expressed in the declaration
:respcfting the prisoner's 'having +aid in wait to eom-
=it the offence, had not been.prevcit; consequently,
according to the Ads of Parliament, the prisoners
.cotrld.not.lseia-onounced guilty upon the present in-
alitament. at was, however, left to the considera-
tion of the hry, and fur them to determine, whether
'the prisoners had or had notolain wait for the.proses.
learnt, from the evidence they hat! heard.
!Mr-Justice LE OL ANC observed, he case vas si-
=filar to one tvhere u man bad been observed steal-
ing turnips in a fieleiithe owner or which, oncoming
to take him into custody, was wounded by.the ot-
!fender with the 'instrument he was digging with.
The man .was inclined for lying-in wait,-with a ma-
licious intention, to assault and-wound the owner,
and was acquitted, .as the -charge of lying in wait
.could not be proved. In the present case it ap-
peared, the prisoners were running away from the
Tro.;ecutor, and had been guilty of the offence, to
prevent being apprehended for the felony .;which
was a sufficient proof they were not lying.in wait.
If tit,' Jury were therefore of an opinion .that this
was the caso, they could not corwia the prisoners.
V, on 'the .coatraey, they could 'believe they had
•