The British Press; or, Morning Literary Advertiser.
London, England, 1804-08-06 00:00:00

11DDLIESVC imacrom.

IRILIIT CORD, aoousT 4.
TrreLr r Dar;—Sir Francis Burdett was very
much behind, at the early part of the day, but
be brought up at the latter end, by a grand re-
inforcement of his Corps of Reserve : a large party
of shipwrights from Stepney, Blackwall, &c. rigged
a ship winch they heq to a timber carriage, and
then manned ship—they were towed by six horses,
and having purple Rap at the main, fore, and mi-
cen, and the crew bemg decorated with ribbons of
the same colour, and extremely joyous, the spedacle
had a pretty effed; they were preceded by a caravan
with a band of music. They made the port of
entfurd at one p. sv. and after taking grogs a- piece,
'floored their vessel, then landed and saluted their
commanding officer Burdett, with a discharge of 50
votes.
The poll at the hustings, and the passengers on
the roed met with less annoyance than usual, in-
deed the violence of the mob seemed much abated.
A maser chimney-sweep, named Lake, being very
strongly pressed to go to vote fur Sir Francis Bur-
dett, said if be went at all, he would go in his work-
ing dress; that of course was not objeded to, but
tPot-as had another point to insist on, he must go
with the Noble Laird who canvassed him in his car-
'sine to the hustings: the vote must not be lost,
and the bralbarg and the sweep sat cheek-by joie in
the carriage, to the great amusement of a number
of spectators. Ihe vow was received.
Sir Francis Burdett obtained a majority of two,
en the day's . poll, having polled 72 votes, and Mr.
blainwaring 70, and the numbers were declared as
follow :

For Mr. Mtn wring
For Sir Frwici4 Lliirdett . .

Majority fur Mr. M.riowaring .1.8

Si: T8•NcII then addressed the Eleaors thus:

Gentlemen! •ra will perceive, by the stateo
the poll this day, that our exertions are felt, and,
like the tide, begin to turn, and set in our favour.
The hope I have previously entertained of success
is ircroased this day ; but this day is not the day on
which I have flattered myself of receiving the gteat-
est assistance. I have mentioned Monday, and, under
the present circumstances, I can feel no anxiety on the
event of Monday's poll. The krieholden will then
have proper or poctunity to come up, and guarantee
me in the wiertion of our ultimate success. I should
not take up your time on the close of each day's
poll, were it not necessary to animadvert upon the
gross calumnies constantly published in ohe public
Prints by my opp •rents ; when you look at their
publications and advertisements, you will bad we
are constantly charged with rrjury, and of being
edernies to the Ca.:s• it tat rin ; wheievfi- you regar.,
their language, ,yrn fiir i it 'till the e ,r, .:9, !rea-
son .usdpe.jerv. it they non deal in fals,r!inc.,,l,
ot.gat to have logennity, and not repeat the same
ant of slanri•t creay day, wdch their calumnies
have dude; for by yahl,cly traducing the ch.r..tacis
of respectable Fret :older, in the county, r:;:l.ce
and falsehood are ertupicucnts, and they duce.; t;
er..l purposes (i'beri.t.l. Gentlemen, they seem
to base adopted a max me,

" SuPfielcor for the day
" is the IL thereof."
But they shoed riseoilecti, the foulsr their chl:T, •
are, the heavier is their responsibility ; they sh • u:..
ant throw out their accusations at random, even :f
*ere was fonudation for them; bat refer to e!c
proper tribune/. The injury done by their rash Cil•
hammy, is obvious. Every man must feel, that the
imputation of perjury cermet but involve in ruin,
miry perms platted in simatious in life, wherein.
'they carnet be able immediately to vindicate them-
selves. Many, to whom they have attached such
charges, are of that description ; and, I trust, every
TORO $0 injured will resent the affront offered him
Ey tho-e calumniators, who are as guilty, as if rui:i
.zad fallen upon the head of the victims of their
sander tat aid type-aril eivrriv). Gentlemen !
among of publications of the description I have
racntioami a pmagraph appeared Ma morning parer
of this day. (Here Sir Francis read the following)
" Csile —Tbe Marcbsoneet of SA:iikery desires the f.dit,,,
*nil isarerdiate y marmite a paugrapht which she ',iliac%
ral
wias marlystatatly insert, d In ho paper, stating. toot '1,.,
ieibe s us.itiber of rot rs to sop?vil on SrSir Frar.eis Seti,
me wm'd, on the =Mary, V?rtaerie gm every possilie
tattoo 'phut so platessee an enemy of this happy Cont:.
Litn.

Hatfield, Aug. 2, 11134."
" I with toknow,whether a more gross or scoid4-
loos libel eau be imagined by the mind of man?
end whether it be possehie to imagine a lady of t du-
rstion could publicly !uppert such an assertion?
Ste., 1 am conv:nced, cannot have the least know-
Lige ot it; I therefore think it is a vile fabrica-
tion; bo• as the name of Salisbury has been men-
tioned. s must say, it has been churisily sent forth
toile world. Do not we know the 3farrol of Salu•
boy bas had were places, and said more ;dares than any
.an to I:Throe? (Lord c6,,riag from the popular,.)
at not we know he carries the white stick at ('ourt?
itese white sticks are magical wands ; and like the
7ecio. when a man touches them all his sense of
triotism, and public feeling, is benumbed.
teozhiwz anal cheering.) It is too much to
•-• k I abould wish to have my cause supported by
e Marquis of Salisbury; because, he could not
e !bat effed or support to the cause required.
nit respee to the Constitution, if it was said I
•tre been an enemy to it. I must answer, that 1
"c been a determined oppis^r on every occasion,
those corrupt and interested motives which per-
ade the ~rinds of some Inca. It may be their
ar to say--
.• whirs rte worth of a.,e thi.v•
" But an which money ag ••,.I*.' b• wg."
el' ask, " What is there wanting in our valuable
"I'lmation 1" In that sense, the Constitution is in-
ro them; bistro" dcartont. (Car-ring.) With
ch Perilous.
I am at issue, and only want to stand
taw ground. looking on the liberties of the •;eople
et
prineiple of the constitution. Be-
take kave of )ott. I must beg the Freehold-
s ta come forward on Monday. Many persons
.and, they will come forward on a pi4rb ; but
e',•ti bean inconwnience, if they do not attend as
.17 as possusie. I trust, however, I shall be ably
, d by their ext.:tions, ftr the glory and inde-
le
,nel ,4 the cou.ity of Middlesex."
' amidst a loud tumult and
'at, spcie as follows
Geatienku I it it s :atisfactioa to Mt to say,

the numbers of the poll speak in that lan:mage they
have hitherto spoken for me. I return my grateful
thanks to the Freeholders, and I want no other fa-
vour, than a continuation of their support, while
they are for me ; and I have such a majority; I
need nut he apprehensive of the event of this con-
test." (litre Me clamour became so violent, Mat Mr.
MuMovaring retired, err obsercm,e); " While the
poll speaks for me, I need not speak myself."
Sir e'rancis Burdett proceeded to town with the
cavalcade he entered Brantford. Lord Foley, the
Earl of I; irrymore, the Duchess of Devonshire,
and a number of fashionable friends, were with him.
The voters before described in the ship, also accom-
panied him, and gave three cheers to the sound of a
boatswain's cat-call.

YORK ASSIZES.
(Continued Gun our Paper of Tuesday

We have been favoured crelusively with a complete series of
these interesting Reports by the Editor and Proprietor of
that well eondufted Paler The York !triad.

risiorr Afer,hall was indifted for giving in pay-
mer.t to '1 irnothy Harrison, a Bill of Exchange,
value 301. which the said Thomas Marshall endorsed
by the name of Luke Marsden, whereas, in point of
his real name was Thomas Marshall. lie was
also charged with having forged the name of Mat-
thew Todd, endorsed on the bill.
Timothy Harrison deposed, that he remembered
the Prisoner on the 17th of March last coming to
his house to buy a horse, which they at last bar-
gained for, and he, the Witness, received pay for it
in a draft of 201. and the sum of 101. 10s. in notes ;
he stated the draft to be clued York, and drawn
upon a banking-house in London ; there were also
fonr eau.- semcnts upon the back of the bill, one of
which was the name " Matthew Todd," the last en-
dorsee. The Witness, upon being presented with the
bill, asked the Prisoner where he lived ; he told the
Witness he lived at Tadcast r. The Witness, know-
in; Matthew 'food, to..k she bill upon his credit,
..sked the Prisoner to endorse his name upon
th: ill ; upon which, in Witn,ss's presence, he
wrote t..e name " Luke Marsden," which name the
Witness did nso know. At first the Witness oil not
know the Pm- ner, but afterwards r.coliefted
though :eer.ed much alteted in his appearance.
Vpeu ',asp iron-examined by Mr. Rai sr, he
said, Cs ac Op. the daft in his d•-bit, but his wife
had acc.s, ; he had inquired for a person
of t:l7. name of terse Marsden, but could not hear
of an.' such pets.
H-nay 51,41. s'rva't to the Prosecutor, corrobo-
rated hi . 'e as to the Prisoner's buying the
I•otte a his mister. He said, that being a volun-
tr-i, ae was with sh • regiment to which he belonged
out upon pr,rriineat they at Dom-aster; and on
g&o,t; out to isercise, he SiVI the Prisoner on the
rn.ii horse 646:, but, being in the ranks, he had
not an oppsrtanity of t.1.i.; any steps against him ;
chit •tpon the house a: which he was
q iart• re.l, he feuo:t •he Prisoner sitting drinking,
Om din net speak to him, though h was very
sure the .sner then saw him, and knew him.
('he '.Vitaess im neliately went to their Majot., Mr.
'l. A. Tayllr. and obtained a warrant for the Pri-
s sleet apprehen-ion; but upon going with the
Cont.* ,se to execute the warrant, they found that
the Pris,ner had left the house; but had left his
hors-; and 'ha' about four days afterwards the
Pris eter sent a boy for his horst!, which led to the
aiscuvery of where the Prisoner was, and to his ap-
prehension.
The Learned knot, in his address to the Jury,
stated it as the law, that the Prisoner had rot been
guilty of cowry, because the name " Luke Mars-
den,' which the Pr i .nner I:ad a.sumed, was a name
unknown to the Prisoner, C.ruelore he did not take
the Bill upon the credit of :hat name, but, as he
expressly said, upon the credit of " Matto .v Todd,"
whom he knew, and whose nacre appeared as an
erclorsce, and there was no eviJence that the Pri-
soner had forged the non, " .slattliew Todd."
The Learned .11'110E said, that a man could not be
guilty of forgery by wing the name of another
man, unless he meant to obtain credit by it, which
was clearly not the c.oe upor the present indramenr.
Mr. Ma at DE, on the part of the prosecuCon, stated
several cases, to prove the prisoner was guilty of
forgery, although he had not obtained credit upon the
nameof " Luke Marden," whi.:h was the namehehad
signed ; but the JJ.lge continued his opinion, and the
Jury merited {dm under the direction of the Judge.
The Judge,'opon the motion ot Mr. NIA %Mr, ordered
the Prisoser to Ise kept in custotlx, as there were
other indictments for the same offence which would
be preferred against him.
Upon the second i..dictment the Prisoner was tried
I•r giving 4 fiCtitiml name upon a bill of exchange
of Peter Harriald for the sum of 181. with the intent
to defraud the sai.: Peter Harnald.

Peter Marnal,l, the Piosecutor, being called,
stated that he lived at Kirby-Overblow; and that,
on the 12th of March lag, the Prisoner came to
purchase a horse of him for 341. for which he paid
him a bill of 481. and the remainder in cash. Upon
the bill beimg produced, the Witness swore to the
iniorsernentthereon of the name of Luke Mar,den,
to have been made by the Prkiner in his, the Pio-
secutor's, presence; that he, the Prosecutor, did not
question the bill, as it was printed like all other
bankers' or merchants' drafts, and drawn upon a
good bank in London. genre they agreed about
the horse, the Witness asked the Prisoner where he
lived; the Prisoner replied, I live in York, in
Walmgate;" but did not ask the Prisoner wing trade
or business he was. The Prosecutor raid, he lived
about twenty miles from York, and that after re-
ceiving the bi!l from the Ptisimer, he offered it for
payment to the Knare•bro' bank • but they refused
to take it in payment, alleging, that they had other
bills of the same kind that had been returned :
ter they had refused taking it, he immediately went
to York in search of Luke Marsden ; but, alter
grid inquiry, could find no such person, and was
told no such person had ever lived in Walmgate ;
and never heard any thing of the Prisoner until he
heard he was in custody upon another charge. 'I he
Prosecutor stated, that after that he endorsed the
b:il, and gave it into the hands of a Mr. Stocks to
send to London for acceptauee, aid previously en-
dorsed his name upon it ; and that it was af er-
wards returned to the Pros-ctuor by Mr. Stocks by
the pog, without being noted for non-payment
The Prosecutor suited, flit the ntm:s before '"Luke

' •
Marsden" were endnrsed upon it before he rec::!scd
the b;11, and is quite sure of the name " .Jo• Ash
Wood" being upon it before he received it. He
said, he did not pay the bill to Mr. Stocks', but
only requested him, as a friend, to send it for ac •
ceptance.

Upon being cross-examined by Mr. Rainy, he
said, he should not have received the bill; if the
Prisoner had writton upon it iny other name than
Luke Marsden. lie said, he thought the Prisoner
a good looking man, and therefore did not dispute

Benjamin Stocks proved receiving the bill from
the Prosecutor to send to London tor acceptance,
which he did; and it was returned to him by letter
from his correspondent unaccepted.
Thomas Atkinson, an inhabitant in Walmgate,
York, stated, that he had lived in Walm:Tate about
a year and a quarter, but before then had lived in
Micklegate ; that he had known the Prisoner about
four years. and had once had dealings with him ;
that the Prisoner, for the first two years that he had
any knowledge of him, lived in ‘Valmiate, and
had left k about two yeats ; whilst he lived in
Walmgate, he knew that the Prisoner was a lodger,
and that he was known by the name of Thomas
Marshall, and never known by any other name, of
called by any other name.
Upon being cross-examined by Mr. RAIN!, he
said. that he had heard a report that the Prisoner
had gone by the name of Luke Marsden. He ad-
mitted that the Prisoner might have continued in
Walmgate, for any thing be knew, and might have
gone by any other name without his, the Witness's,
knowing it.
Matth:w Horsley, an inhabitant in Walmgate,
proved the same as the preceding Witness.
Jahn Hooker, also an inhabitant in Walmgate,
proved t..T same as the twe preceding Witnesses.
Tilorna% larrop, Bailiff at Dewsbury, proved the
-sarr. 45 np. n the preceding indi,tment.
I t.....1ud!;e took occasion to observe, that the evi-
dence f the bill having been presented for accept-
ance h• Loncit.n, was not that sort of legal testimo-
ny which the law looked for; the person who pre-
sented the bill ought to have been produced in
Court, to have proved it, instead of the proof which
had been offered.

The Prisoner, on being called upon for his de-
fence, said, that he had given value for the bill, and
that he went by the respeeive names of joke Mar-
shall and Luke Menefee, but produced no evidence.
The Judge, in his charge to the Jury, stated, that
it was a question in law, whether this charge
amounted to a forgery or was a cheat. The next
question was, whether it was a good bill or not.
The Prisoner's silence in not producing Pratt, the
drawer of the bill, and who is said to live in
York, is presumptive evidence that Pratt did not
draw the bill ; but if even the bill was drawn by
Pratt, the putting a forged eniorsement upon it was
capital. A forgery consists of making a false re-
-714e
presentation and a false assignment of a • le
bill, by the name of Luke Alerederi. of W .
York, when his real name was Themes 31arsiel . and
not living there at the time, in his I.ordsltip's mind,
amounted to forsery ; but if the Counsel for the
Prison: wished it, his Lordship said he would take
the opinion of the twelve Judges upon the case.
'f he Jury returned a verdtd of—G.ldtv ; and the
Pri.oner received sentence of Death. He was left
for execution.

yeast/tan Ellis, of Rotherham, in the West 111-
ding, was inditied for an assault upon Elizabeth
Widdison, of Adwick-upon-[)earn. in the said Ri-
ding, single-woman, by having carnal knowledge of
her, against her power, will, and consent.
Elizabeth Widdison said she was turned 15 years
of age, and has a father and mother living ; her
father is a labourer. That she never knew the Pri-
soner until the sth day of May last, the day on
winch the Prisoner had committed the crime for
which he stood charged. She stated. that on that
day she had been at her uncle's, at Mezbro', in the
morning, and upon her return, about ten o'clock
in the morning, alone, she met the Prisoner at a
cross road, upon which he asked her the road to
Swinton, and that she directed him through some
closes : he replied, " If I go through these closes ;
they will happen play the devil with me." The
Witness then replied, they will not ; they are no
such people. But instead of going the toad which
she dire/led hint, he went oa the road on which she
was going, for about 100 yards; when they got
near the hedge-side, the Prisoner said " D--n thee,
kiss thee." The Witness stated, that she had
then a swiffie in her hand, which she threw down,
and ran back for about 100 yards, en the road to
Mritbro, whilst the Prisoner pursued her until he
caught her, and threw her down: after much
struggling with him, she got up again. after which,
by his superior strength, he threw her down, a second
time. (We omit here that part of her evidence which
went i.e.y to prove the charge.) The Prisosser then
got up and left her, after saying "D—nthee.gohonse,
and tell thy mother thou haw fallen in the med."
Witness said she was very dirty, owing to struggling
so much with the Prisoner. Upon being asked by
the Judge how far distant the place was from Mez-
bro'; she answered, It is about a quarter of a
mile ;" and during the time the Prisoner was at-
tacking her, she did not perceive any one upon the
road. That at the time the Prisoner and she were
struggling, he throttled her so hard, that she could
not call out so loudly as she otherwise could have
done; yet she did continue to do it with all the
strength in her power. After the Prisoner left her,
instead of prove: ding 'on the mad to her father's,
she returned to her uncle's, and immediately ac-
quainted him with what had happened ; after which
her uncle went with her to her father's, and imme-
diately informed her father and mother of the cir-
cumstances: upon which they instantly proceeded in
search of the Pm tier, but did not find him on that
day, but found him at Rotherham on the Tuesday
after :—upon seeing him, she immediately recog-
nised him, and pointed him out ; her father had
Hiss taken up the day before. She had no doubt of
the identity of the Prisoner.--Here the learned
Judge questioned the Witness respefting some cir-
cumstances relative to the criminal ad, uhch she
answered in a very colleted manner.

lie Father was next called t—up,in bcing asked
by thedo oaswhether his d.sugliter was of a gold
p,,incin, and had always bore a good ci,aracler ; he
replied, she has always been a good gvi, and even
suspicion had never re.ted upon her ch,iraeler.
Witness cortoborited that part of the preceslini

Vritncss's evidence, of returning aecoospenied whit
her Uncle about. twelve o'clock nn the .sth of May
last, and that she was sadly daubed with dirt, and
her arms vet y severely stretched ; she was also cry,
ing very severely ; and told the Witness and, her
mother that a man had ruined her. He eonfobo-
rated also th.it part of the evidence of their seareka
ing for the Prisoner on that day, without success
but that he heard the nest day of a person answetr
inn the description of the Prisoner, who Wag seen on
tit,: road to Rotherham ; upon which information
thr NVitness went to Rotherham and found the Pria
toner, nod had him taken up on suspicion I and,
whien taken up, he did not deny the charge. He
corroborated also the evidence of his daughter,
namely, that, upon the Prisoner being seen by his
daughter, she immediately recognised him. Tice
Witness further said, that the midwife and his wife
examined his daughter, and that he immediately
perceived on the countenance of his wife visible
marks of sorrow. Upon being asked why his wife
and the midwife were not produced? lie said his wife
r, as great with child, and he was to.) poor to bring
toe midwife; and besides, the committing Maps.
trate told him, it was not necessary for any more
than his daughter and himself to come to York.
There were no Counsel on the part of the prose-
cution, or for the Prisoner; but the Learned Judge,
in his observations to the Jury, pointed out the case
so clearly, that they almost immediately returned a
verdia of—Guilty—left for execution.

SURREY ASSIZES.

GUILDFORD, ♦UGUST S.
CIVIL SIDE.
Blare Mr. tier/r.lnt RUNNINGTON.
THE DUKE OF NORFOLK v. HAMMOND.
This was an anion by the N,lble Duke against
the Defendant, who kept the White Linn at Dork-
ing, for an encroachment on his right of holding
the market and taking the tolls. The Defendant
had opened a ro'on in his house, which wag cars*
the Subscription-room, to which several fanners
resorted, and sold their corn, and upon the goods
there sold the Defendant refused to admit the lessee
of the tolls to take his accustomed t.iil. To prove
the right of the market, Mr. Serjeant Su EFTA no pro-
duced the copy of an old record, 'the original of
which was in the Chapter House at Westminster,
by which Edward the First, by his writ of gee
warranty, called upon the Earl of Warwick to skew
by what title he claimed to hold a market at Oork-
ing, on Mondays and Thursdays? The judgment
on that Writ was as follows :—" Thy Jury say,
that the Karl hiici not encroached on the rights of
the Crown, Wm dialogs, est good eel sloe die." Other
deeds were also produced of leases of the tolls to
different persons,
John Stedman, aged 72, said, he had lived at
Dorking all his life, there. was ali►ays a market on
Monday, and toll was always paid to the Duke.—
His father before him had told him it was always so.
The earliest he remembered was when Jenny Wil-
lard and Let Tielatard took toll. It was many years
ago, but he could not tell how many—but it was a
dish out of every sack.
Two other ol I witnesses proved the same fans.
John Wood proved that the Defendant had set up
an inner room, w::^re the farmers dealt, and than he
had been refused his toils on the pound that he had
no just right to any upon c. rn sill in that room.
He had always collened tolls for the lessees of the
Duke, upon corn sold ;n the market.
Mr. Serjeant Bur, admitting be had no answer
tl this case, the Plaintiff had a verdin ; but as it was
merely intended to settle the question of sight, only
one shilling damages were taken.

CROWN SIDS:.
Before Mr. Bale,' Hangar.
MANSLAUGHTER.

Saunders was arraigned on the Coroner's
Inquest, for killing and slaying Benjamin %lit-
more.

The prisoner was a country lad about eighteen,
and the deceased was about the same age s bsiug
together at Ryegate fair on last Whit-Monday,
they had a dispute about some gingerbread nuts, up-
on which the deceased offered to fight the ntilon.r
fur a shilling; he cleaned the wager, bu, agreed to
fight. The deceased got a fall, which disah ei him
from rising again, and it turned out that he a t re-
ceived a concussion of the braiu, of which he died in
a few hours. The prisoner was found Gadtn. The
Learned Judge fined him a shilling, and ordered him
to be discharged.
Joke Sinn was indifted for stealing a horse, the
property of James Webb.

The Prosecutor stated, that he lost his horse from
Linsehouse on &sudsy morning last, and having rea.
son to suspeQ the Prisoner, he traced him to the
ne'gbbotsrhood of Guildford, where he found him,
and allied him to be apprehended. The reason he
suspeaeil the Prisoner was, that be bad been in
the Prosecutor's stable in the morning, and observed
that the horse was out of condition.
Tie prisoner admitted that he took the horse, but
dried that be meant to steal it. He said he had
worked with the prosecutor about three months ago.
and that he then had asked him to lend him the
horse to fetch his wife up from this part of the coon.
try ; and intending to set off early on the Sunday
morning, he thought he might venture to take his
master's horse. He added, that as a proof of it, no
one could say that he ever offered the horse to sale.
or that he had represented it to be his own. The
Plosecutor, being called back. said, it was true the
Prisoner had a <irked with him for three months,
and, during that time, had behaved very well : an
innkeeper also, on the road where the Prisoner
stopped, said, the Prisoner told him he was come
that way to fetch his wife, and that he must insare•
diately return with the bone.

The Jury deliberated at short time, and found the
Pr isoner—Gati,e.
CatAersle Cleve+ was in the calendar on the
charge of murdering her bAstard child, but tbe
Grand Jury threw out the

The Home Circuit here finished, which, neither
in the Civil or Criminal side, has afforded any ma.
terial ca,e. The gaols throughout have been very
trio, and only see culprit on the whole circuit has
been lett for etectttio•i, that is Irensoedy, the sotther
of the 14th, convided at Lewes of a huiTi.sry, At-
tended with some circttmstances of emelt!, as we
reported. In this plate tour received sensetee of
Death, bat were repriced before the Jodge r'• euwrs.
_ 4