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London, England, 1824-08-20 00:00:00

The ease for the prosecution being closed, the defendants'
Coumiel objected, that some of the uraterial averments of the in.
di :Intent were not proved. It was alleged, that at the period when
the supposed conspiracy was fornirt, the cause in question Willie.
gularly at 'roue, whereas the fact was net: so, the record of nisi
prior not baring been brought in at the time when Mra. Mills
ought to have appeared to Art vubponn.
The Counsel for the prosecution argued against the objection
with moch teal. but

Mr. Justice ISt ureoec.rs thought the objection fatal, and di-
rected an acquittal. His Lordship added, that if the case had
gone to the Jury, he shoull have told them that there was nn eri-
, denec whatever to effect Mr. Menewcather. Mn. Mills might
have behaved improperly iii not obeying her aubowns' but the pro,
setntura might have proceeded against her by attachutent, ter by
action. This indirtment clearly could not be supported.
Verdiet—Not
CROWN SIDE.
&litre Mr. Roma Oft•thoe.,
EXTENSIVE COACH 11.0111:1,11P-
Johle Witwee, a 11l all Or tihle appearance, deieriblag
self as a coal-merchant, was indicted for stealing bank notes and
cull to the amount of 1,61.1di. from the Hero, Portsmouth coach, on
its way to London, on the 16th January last.
The prosecution was conducted by Mr. BROTRTIM and Mr.
Tneniaza, and Mr. Annaawa and Mr.-Anot.enos were fn.
the defence.

1 - It appeared, from the evidence of several witnesses, that on the
15th January list, Messrs. Hector and Bancroft, hanker. at P2ts-
-11-1.1, made up a parcel, containing the progeny it, question, for
4.4 purpose of being transmitted to their &ignite, llcwrs. Wiiliame
and Co. Birchin-lene, Genital. tin the tidioeieg day this parcel
was given to Faulkner, the driver of the I lero, Portsmouth coach,
wl,ich passes through l'etersfield on its way to London, and he,
according to usual custom with parcels of that description, locked
it up in a small box, entice his seat on the driving box. It ap-
peared that on the morning of the 11th of donuary three men in
company Mlle teethe Fountain Inn At Portsmouth, and sent for
the book-keeper of the enachmince. who waited upon them in the
coffice-room. They said they wanted to go to Loadon, but wiles*
they got the three front scats on the rduf of the Hero they
wonid not go by that conveyarce. One of these men was sworn
poeitively to, by the book-keeper, to be the prisoner, his attention
being drawn to him by the particularmanter inwhith beetaalookel
at by a gentleman in the room. Front seats were secured for the 1
three men at their regeest, and the prisoner rode on tbe off side,
ionntediatcht behind the coachman. Another man took the beef
who oho seemed to be of their party. The coach (topped twenty m(..
flutes to dinner at Ripley. and about three mi:altes at the stags'
public house in Lambeth. One of the turn got off at the latter I
house, and the others at the Elephant and Castle in et. George's
Fields. The coachman, on arriving at the Spread Engle in (irate-
church-street, discovered that the box in which he had plated the
Oral in question was open, the parcel gore, and part of riskeleton
y remaining in the lock. Notice of the loss was Immediately
given to the bankers, and active steps were taken to trees the notes I
and detect the oftendere; but no discovery wee made until the Pith
March last, when a man sworn to be the prisoner went to the shop
of a Mr: Tooth, of Hastings, bought two pair of gloves at the price
of e 5.211. and gave in payment a ten-pound Chichester bank-note,
and received the change. 31r. Tooth took the note to the Hastings
Bank, and was there informed that it was one of the stolen notes in
qtaemon. He went in pursitit of the prisoner. found him in the
Iligh.street, and told him that he had given him a bad note, to
which the prisoner replied. " It can't be a bad note,but if it is I'll
change it for you." Mr. T. then took the prisoner to the bankers',
and, on being questioned, he said he was a coal merchant, and
lived at Burton-crescent, London, and that he bad taken the note at
Brighton, from a ritierreey merchant. A constable was sent for,
and the prisoner searched, whereupon a poeket-book was found
upon him, contain ng se.mitl notes and tome sovereigns. Ile was
then asked if he had any more money about him, which he an-
swered in the negative. A stricter search was then commenced,
and in doing so a roll of paper fell from the prisoner's person,which
he put his foot upon immediately, to try to Loneeel ; but upon
being sieved by the officer, it was found to contain, among other',
notes. a ten-poun.l note, one of dime which had been stolen. Upon
searching the prisoner's person once closely, another of the stolen
notes in question, of the value of :A, was found in the seat of his
drawers. Upon the proof of these facts, the case fur the prosecution
rested.
The prisoner, in his defence, sail, that he was a general dealer
going round the et-stmt.'', attending. fairs and markets, and teccived
the notes in question in the course of business ; and under the tic-
cumstences in which he was placed, he had Wel no opportunity of
taking the necessary steps to trace them to the palms from whom
he received them.
Ile called no witoesses.
The Jury, under the Learned Judge's directions, found the pri-
soner Gritty, and he was sentenced to seven years' transportation.
It appeared that the prosecutors had experienced great difficulty
and ineerred enormous expense in the furtheearee of this prosecu-
tion ; more thaw 1.51101. wee stated to have been incurred in the
pursuit of this object, and that overtures had been made to them to
forego their public duty, bat which they determined not to listen to,
preferring to let the law take its course in a case in which every
banker in the kirgdotw was interested.

.Elicerbeth Gibbs and Ames Gilbert were indicted for the wilful
murder of a new.born.infaut, of which the first-mentioned prisoner
siesr,the mother, at Pevensey, on the 10th of May. The prisoner
Gilbert bad been committed as an accessary After the fact, but both
prisoners were now indicted as principals.• When the else came
before the Grand Jury, they thought there was not snfliellait eel. '
dens to sustain the indictment, arid there/steels' bad trta wed.
The prisoner Gibbs being dendnod on the '
—l-_
for the same murder, was put to the bar to anima t ewe.
Mr. 11110DERICE, for the prisoner, mowed*, quash the inquisi.
lion for want of form. The olej.et len was. that there was no county
named in the body of the inquisition, which, be submitted, was a
fatal defect, incunuch as it did not appear that the Judge had any
jurisdiction to try -the offence. It might be true that Pevensey was
a local jurisdiction in which the offence might have been tried, but
the inquisition being now on the files of this Court. the prisoner
was entitled to her deliverance, which could only be effected by
quashing the issquiai t ion.
Mr. Loin was for the prosecution.
lilt. Baron (InAMAIII was of opinion that the objection was fatal,
and therefore ordered the inquisition to be quashed.
The prisoner was discharged.
George Biker and Benjamin Baker, brother!, were indicted on
the statute of Elizabeth, for breaking and entering the dwelling.
house of Charles Lintifield, in the day-time, on the 14th of April,
at Horsham, en person tieing therein, and loading ationd for the
payment of 2001., two watches, several silverespoowd„ some gold
and-silver money, bank-notes to the amount of Sii., two waiscoate,
and other articles of wearing apparel, iii. property.
Mr. Boetewn arid Mr. Law conducted the prosecution.
It appeared in evidence that the prosecutor, who had been brought
op at the t'niversity of Oxford, had mdieled a woman in a condi-
tion of lire inferior to Lis own, and residedia lone house, about a
mile from Horsham. On the morning of the de/ mentioned in the
indictment, the prisoner, Benjamin Baker (according to the testi-
mony of Mr. Limifield) calied about ten o'clock at the house of the
prosecutor, who was then from home on business, and told his wife
that her husband had been suddenly taker. ill of a fit, at a-public.
house about a mile on the other side of Horsham, and that he was
net expected to live, and therefore she mast go to him directly. if
she wished to see him alive. Mrs Lindfield, alarmed by this dia.
Itreising intelligence, immediately prepared to go to the dying
scene. She hastily equipped herself tor the journey, and, after
carefully locking up the house, and !caving the property secure,
she art off to the publie-trouse described by the prisoner. Nobody
was left in the house. On arriving at the public-house, she found
that the story told by the prisoner was a cruel invention, and that
her husband was not there, nor even hen'd of. Suspecting that the
obj-et of the prisoner was to induce her to leave the house for
some sinister purpose of his own, she inimediktely returned and
found that her suspicions were but too well founded. Daring her
absence the house had been entered at the back part by violence,
the drawers broken open, and plundered of the property mentioned
In the indictment. The most valuable part of the property was a
bond for 2,904/1. executed by the Earl of Galloway to secure the
purchase money of some land which his Lordship had bought of
Mr. Linellield, part only of which had been paid. In consoquerce
of she descriptioe given by Mrs. !Midfield of the prisoner, George
Baker, he was apprehended next day, hut nothing was found upon
him to confirm the suspicions that he was concerned in the robbery.
Further information, however, was given, which led to the appre-
hension of Benjamin Helene upon whom was foiled a gold seal
which had long been in Mr. leindfield's family. He resided at a
house near Brighton ; and it appeared that the day after the rob-
bery he was very flesh of cash, and had been drinking at different
public-houses in Brighton, where it was observed that he was un-
usually wealthy. In his lodgings was also found a silk handker.
chief, which was one of the articles taken from the prosecutor's
house. When brought before the Magistrates he made a voluntary
'manurial that he had himself broken and entered the house and
effected the robber!. He denied, however, that he had (as
sworn by Mrs. Lineitieldi told the lie which had Induced the
proeeentrix's wife to leave the house. It IVA% his brother, tore
°th-r primmer, he said, who had spoken to Mrs. leindfield,
land mentioned the circumstance of her husband's illness ; but
that he had taken nu other share in the transaction. Mrs.
!Midfield swore positively to the identity of George Baker
as being the man who told her that her husband was dying. she'
admitted that possibly she might be mistaken from the alarm and
agitation into which she Wll thrown by the information respecting
her husband, and this doubt might be increased from the 'similar-
' ity between the two brothers. Other Mit:Kb/RI were called, who
proved that a man very like the prisoner George Baker, was seen
near the proseentorhe house, shortly before the robbery was com-
mitted, but they could not swear to his identity.
The prisoners both denied their guilt, but called no witnesses.
Mr. Baron GRAHAM left the Jury to consider whether there
was any difference between the eases of the two prisoners. In point
of hew, the confession of Benjamin Baker could net be admitted
to affect his brother. The question as to the guilt or innocence of
the latter depended upon the evidence of Mrs. Lindfield, who pus.
sibly miele be mistaken in supposing that he was the person who
• had told the story respecting her husband, and the other evidence
ias to him was by no means conclusive. It war, however, fee-
them tee consider the evidence as it effected Lath or either of the
prisoners.
The Jury acquitted George, but found Benjamin Baker Canty—
, fleath.

In clearing the gaol, Mr. Baron Oraham was @saline.' by Mr.
Sergeant Onslow and Mr. Adam rosperrively. who tried seve-
ral prisoners on Tuesday, committed for minor °Emcee.
The Assizes elided about live o'clock this eveoing.

--
The Conunissioners for the examination of Insolvent
Debtors, appointed under the new Act of Parliament, are
expected to make their lint circuit about the middle of
04:ober next.