The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-04 00:00:00

'Ma seemed lobe lufking abdut the peen Ism. He saw me, but did
not speak. Presently alter 1 heard a spaniel dog bark, and Vim
roused my father's Nedfoundfand dog, Who i ' - - -
O'er the wall, and nut towards 31r. Joh,son. I
endeavoured to get hins stray, but before I milk
aht discharged his gun at him. As soon as lea
barking. Upon being 'mended he turned back
Over the wall. I have known the dogsinte toy father has had him,
which is six years. He is a large white and brown dog, and of a
remarkably good and quiet temper. I never heard of his injuring
any body. The defendant did not speak to ale, although he knew
Me very well. 'I he dog did not artemht to fly at him, butt stood
looking at him and scratching the ground with his paw. There's
no ildblic road through the chyle where tne defehdant was.
erfiss.examined by Mr. Dcwstax.—Ar. North, the owner of
e close, was with the defendant at the time. Ido not know that
the defendant had been shooting rooks. The dog was within a
Rut of the defendant when he fired 5t him. The defendant did not
put the gun to Ida shoulder. I did not observe that he tried to beat
the dog of with the muzzle before he fired. I never heard of the
dog's a °frying theep. I never heard that he had attacked the de-
fondant before.
Re-examinttl...:.There were no rooks about thit the derendant
mad shoot ar. The defendant did not stay long, but looked
Igarnestly into the yird.
Elizabeth Bradsha*, teritant of the plaintiff, corroborated the
dloadmiony of the last witness. I have known the dog three.querter.
'e 3 r, and a quieter poor brute never was seen. The wound
inasW., on hint was a dreadful one. it was under the breast. The
dog hid a great deal. Some time after I saw the defendant, and
aid to him, " You'll catch it, my Lord."--( Much laughter.)
Mr. Sergeant VAVGIIAS-.-Your meaning was, I suppose,
that he would catch it to-day from my Lord at the Assizes.
Mr. Justice Hot-noels—What does the witness say, brother
Vaughan ? ..
Mr. Sergeant VAVORAW—" That you'll catch it, my Lord"—
hot of course meaning that your Lordship would catch it, hut that
the defendant should catch it of your Lordship. (Laughter.) •
Witness--Defendant said, " I don't care *hat I catch, I don't
are a d—n for nobody. I believe Mr. Johnson had seen the
dog before when he might have hugged him a little round the
shoulders, but bless you that's nothing. I have had his paws on
my shoulders many a time, aye, and round ray neck too. (A
laugh.) lie was a little bit fond of play or an, hut not a bit savage
nor ferocious—not a bit. bless you. Ile never bit mankind nor
womankind in his life. The defendant came a few days after, and
said, • Wilt the dog meddle with me now 1' 1 slid So, if you'll
speak to him he'll do you no harm."
Cross-examined by Mr. Ditxmas—The dog is now quite rams
vered, hut quite dull to what he was. I don't mean to say heist
leas quiet, because that he could rot be, butt he is not so frisk,
(A laugh.) The dog knows. me well, and would not injure me.
The defendant seemed very much alarmed, and swore very much.,
I cannot say that his fears were unnatural. I was myself angry to
see the dog run at him, but did not think the ease so bad an to re-
quire me to interfere. He barked loudly in jumping over the wall.
I do believe he would have turned back smaller but for seeing the
gun ; the sight of that fixed him to the spot.
Re-examined—This jumping on people's shoulders is a custom
with large dogs in the country.
Mr. Justice 1101.110 YD—A custom more honoured in the breach
than the observance, I must say, brother Vaughan. Can you de.
fend this leaping of great over-grown brutes upon people's
shoulders 1 Suppose lie had played this prank upon the shoulders
of a lady?
Mr. Sergeant Vat CHAN denied that the evi&nce went to show
the dog to he of a ferocious and savage nature, which was the de-
fandint's plea.
Mr. Justice HOLROYD—I am, however, clearly of opinion.
hum your own evidence, that lie was an animal which the plaintiff
was hound to take care of.
Witness--Beggars are in the habit of frequenting my master's
house, but I never limed of the dog injuring any one.
Daniel Bradshaw examined—About three weeks after the dog
was shot the defendant asked me if my master's dog was dead. I
said no. He replied, " What, then, I must come to shoot him
again, must I?" I have known the dog two years, he always ap-
peared to be a civil dog; I never heard of his being rude or uncivil
to any person. (A laugh.)
Wm. Alkin—l do not come from Newfoundland, albeit I know
something of that country's breeding in the dog line. I am la
farrier by profession, hut 1 occasionally try my art in curing of the
canine species. I have seen and know well the dog of the plaintiff;
I remember his being wounded, and I attended hint in his ill-
ness. (A laugh.) The wound was a serious one; some shots en-
tered the breast and lodged in the belly. The wound was full
three inches wide, and 1 extracted from it 43 grains of shut. The
dog was appareutly a good-tempered brute. Ile is not now what
he used to be.
Mr. DEerltaN—" Non sum quails cram."
Mr. Sergeant Vat GHAN—Nor our pu2py is not so eru lite.
(Laugh ter).
Witnesa—The dog walks stiffi,h since his misfortune. He
seems to have been n good deal " cowed ;" I think I should
myself if I had received such a shot. My charge for doctoring
him was 21. 10s. I do not think the dog half so valuable, as a
protection to the house.
Mr. Sergeant VAUCIIAN—Do you believe that " this dog has
had his day ?"
IVitness—Ycs, I will take upon myself to say so. (Much
laughter).
Mr. Thomas Yeates said the dog had been at his house for a
fortnight together, and a better humoured brute he never saw. .
Joshua Nayte said, he had known the dog these six years.
51r. Sergeant VagnitaX, with much gravity and a look at the
Jury that bespoke marked attention—Now, Sir, I would ask you,
during all the time that you say you have known my client, what
has been his character for humanity and general good conduct ?
(Much laughter.)
Witnemi—l have found him isvariably good humoured, faith-
ful, and honest.
Mr. Sergeant VAUGHAN—I wish every servant could have as
Muck said of him.
air. Delestax then rose to address the Jury for the defendant. I
" Gentlemen," said he, " I am sorry that my instrucions root- I
pal time 10 cut down the very excellent character which has just beet.
given to my Learned Friend's client. That he might have been a
good dog up to the commission of the offence with which he is
charged Ido not doubt, nor do I wish to deny ; but that he for- ,
feited it on that occasion I think you are ak eady convinced. It is
the common practice, Gentlemen, for criminals at the Old Bailey.
after their guilt has been proved beyond a doubt, to call a host of
people who are ready to swear that they know no harm of them.
Any body round this table might say the same of this renowned
Captain as has been said by my Learned Friend's witnesses. Nei-
ther you nor I, Gentlemen, ever knew him to bite any body before;
but neither yon nor I would let him approach so near us, barkirg
in the manner that has been described. without endeavouring in the
best manner to repel his attack. The people who had spoken to his
character were his intimate acquaintances, and he was, perhaps for
good reasons, upon his best behaviour in their company ; the de.
fendant, however, found him in a very different temper, and am
obliged, for his owl; defence, to put a stop to his mischievous in-
tentions. He did not mean to say that all large dogs who look
good-tempered ought to he shut because they barked, for in that
ease even his Learned Friend might be put in danger of his life ;
but he would say that the owners of dogs like that which was the
subject of the present indictment, ought to keep them chained up.
If they did not, although every dog might have his day. the days
of such dogs would not be long in the land, Ile regretted that he
was obliged to call witnesses, but his client insisted upon his doing
so, and it was not the least painful part of an Advocate's duty to
obey the direction' of his client, even when they happened to be
contrary, as in this instance they were, to his own judgment.
Several witnesses were then called, who proved that the flog was
In the habit of barking at and ftightening people. No evidence
was, however, given of his ever having bitten any person.
Mr. Sergeant VAEOlia Pr replied, and the JUDGE summed up :
after which the Jury returned a verdict for the plaiatiff—Daninges,
one shilling ; costs, forty shillings.

ea 21}e d
the ddg

i., August, but not soddenly. We Ikea on 6dt oTI house, • drew
we let by the year when we went away. My h is-band weer hoot
hence to London a month or five weeks befo e I did. He had
been frightened away on a report similar to the • one on which *he
prisoners extorted the money. I don't know th • any warrant was
'out against .hirn when he left ‘Varmlngton. 'The Weiner' arid
they came to apprehend him for what had hap wood at that place.
My husband sold his house and never returned to Wasmintoon.
John Axx-1 lived In beicesterorith my wift,ih December lasi.
Between seven and eight In the evening of the With the peir
salters came to my pause with a man named
ore
Qhi -
earning in tluntley said "I am come by an order getideemars
of OundJe, to take you up fora certain crime. He thed eneletiohed
the nines of five -Magistrates. I said I bad never been guilty
of any such crime, and that I had just returned from Oundie.
sassing through my house, they dent up staire_into my bed-rotab,
untley desired me to follow : and he and Bird red me on thw
, observing, " I am worry, Mr. d,ric. I am ewe* 40 aid fleg
duty—but my duly I ail do." He asked me What Memel t be.
I Replied, my friend lived nine miles off; He saki diarithe two
El
far to send, and asked me if I had no friend in the tigyen. I held ..
I thought I could make a friend of Mr. Glover. wine tints *,
peesent, and went to Mr. Gloeer. Duntley amid, motley he nowt .
have, and he wanted IBL and some odd shillings the eveniedle
My wife told him she had 8/. or 91., but he said he meat have thle
whole of the money hehad demainled that night. My winethea well
out, and so did Duntley. When he came back he said, "What ! It
rot your wife returned, I will wait no longer, but take yell away
force. Ile said he had been.with Shertard's clerk, who had given h
orders to agree with him dbout the slam. iVhen my wife revue '
with Mr. Cartwright and Mrs. Glove:, Huntley pulled out a cots.
stable's 'daft', and said I was his prilldner for a certain crime. Jillta
was present. lily frientle said they could not suppose me guilty..
Duntley sell I was. I denied it. Ile then took pen and ine, ad
began writing, while Bird went up stairs With my wife foe the Money .
wife put the money on the table, I went nut oy f the hOwse end d/teeid.
not see money taken up ; hut 1 heard todniley insist rsh having the
remainder the next morning. I went to thy friend Illy. Chrambeta
Jayne, at Willousehlsy, for I was driven out of my house by Thos.
Huntley, who said I should lease the eountY, and he would see taw
out of it.
Cross-examined—TM% was not the first scanty 1 left upon this
or a similar charge ; hitt it was the second. I have never fart
Bird since I left AVarmingtor.; but I knelt him by sight at
Oundle. I had never seen Duntley before. Toe Mr. brown men.
t'oned by Duntley, is a farmer and grazier tieing pair Pundit.:
Boson had never accused me of the crime; but had said he had
heard of such a thing. I do not know a druMmer Or any (-thee
person of the named Coke. My friends did not advice me to by
my house, it was the prisoner who drove me out. Aloreton nee)?
went to any man named Coles, nor to any body dab about a chine
of thin kind. I swear it. I vas frightened witty from Wane
mington.
Mr. 114one', for the prosecution, ohjecte iti the matinee in
which this croak-examination was carried on. Ile submitted that it
was altogether irrelevant to the case before the Court.
His LORDSHIP said he WAS always attentive to the eueatielde
that were put by Counsel. and should interfere whenever he thougliii
that Counsel were exceeding the proper limit.
Cross-examination continited.-1 did not know that a Wartatill
had been out against me at %armington, nor do I know it now. 1.
was terror which the charge made by the prisoner had upon Me that
kept me from home.
. Re.examined.—There is not the Plighted ground for this or tiny
similar charge against me. It has been got up for the purpose of
extorting money from me.
The appearance of the witness was that of a person easily to be
worked upon by any charge, however preposterous. Terror stoned
to have more influenc.e over his mind than reason. his Couriel
was very indignant at the attempt made to *the a charge of),
highly a criminal a nature upon a man, at the inetructiens of as**
of miscreants who would not scruple to sacrifice the best characiee
to forward their own abominable purposes.
H. Cartwright eaernined—W hen I entered the
,prosectitek's
house, Huntley told me 3lr. Axx was his prisoner. I Raced beta
on what charge; he replied, far having eontinitted a &lain crime.
I asked him when and where, and he said at a village near Pundits,
about 7 years ago. I said, ••I suppose you have authority toile•
rain this gentleman a prisoner in his own houses" his -reply *as,
" oh yes," and then he produced a stair, saying, that Ills authority
was from the magistrates of bundle, where he Mould Cony!), 111 r.,
Axx unless he paid 18/. 131. He then retired for a few minntese
and Mr. (Mover, myself, and Mr. Axx consulted together. Dante
ley returned and asked whether we had come to any conclusion. I
told him there was but 81. in the house ; he said the whole of the
money must be had and that iintnediately, for he had been in the
house three hours already. I said, that as it was very late, it we*
not likely any more money could be got; he then consented, has
with very great reluctance, to take the Cl. Mrs. Axe put it dot&
before them, and Huntley took it up. The two • pritioners were
present. elr. Axx appeared very much alarmed, and Duntley
used much insulting and abusive language. saying, lie Was .orgy
for his wile, but had no pity for him, that he ought to have been
hanged long ago, and diet If he escaped that time he would core
to the gallows at last. Duntley said he would not take the money
unless Axe left the place. I sin certain Ale. Au left the hours
1 under a state of terror.
Cross-examined.—This was the first time I had belled of the
charge. I never slid to him " for God', sake eseape." 1 shook
hands with hint, and wished him good bye. I had only knows
Mr. Axx a month. I did not advise him how to act.
Vi'lltiani ()lover gave sitnilar evidence to the last witmgt. ue
further stated, that the two prisoners called at his house for 101. 13e.
the Following night. Huntley gave a receipt, and signed his nem*
Thomas \Vigil% It was dated 27th December 1021, ana acknoata
!edged the money to be received of witness on account Of lilt. MX.
11". liloreton's evidence was also corroborative of the preceding
witnesa'a.
Cross-examined.—l never heard any charge of this nature Made
against the prosecutor. I never heard of a person tamed Coles. I
know of no drummer whateter.
John Unwin—l am the constable who apptehentied the pi bemire
Bird. at Leicester, on the en It December last. Ile was living in
lodgings, and working as a butcher. I told hint the nature of the
charge against him. Ile said, " 1 little thought it would comIP4O
this : I considered it only as a lark."
By the Corn-Re—What language is that—ohm is a lark ?
Witnese—Why, my Lord, it Is a little bit of a spree.
By the Counr.—That is not a bit more intelligible to me.
!fitness—lt meansoily Lotd, what gentlefolks call a little bit
of fun.
Thomas Burton deposed to lilt apprehending Duntley, who lei)
a journeyman le,ker at Leicester. Witness told him the moored.'
the charge against him, to which he replied, " I don't care a d-,..n
about that, and if I had had the old devil took and hung I shoat
have done aim justice." Ilia language wan very low and gam,
and he asked whether his compenions had been'taken P NVitnete
told him " No!" lie said, " What is the reason; cannot the C-
lair be made up ?"
The statements of the prisoners before the Magistrate Mete then
put in by the Magistrate's Clerk. Duntley, in his statenuebt, de-
clared they had no intention to take the money when they went to
the prosecutor's house, and that they were willing to return It.se,
Bird confessed the commission of the fact.
Mr. HoUPltsteo, as counsel for the prisoners, raised two ob-
jections to the indictment, both of which were uvetreled by the
Court—his Lordship observing that all the crrunts had been sub-
mined to and approved by the twelve Judges of Englatid.
The prisoners hail nothing to say in their defence.
The Learned J 1; DGt then charged the Jury, observing. that by
the common law of England, the offence of which the pri
'stood charged was punishable with death, but by a recent Act 4
Parliament that law had been repealed, and lie was sorry to dray
that its repeal had been followed up by a yetis great increase of the
offences of the abominable nature of that charged against the pri-
soners'.
The Jury consulted for a few minutes, and found both prisoner)
Cei.Oy.
During the weeding trial the Gentlemen of the Grand Jury re-
turned several bills against different included in the ea-
- ` 4-, the Clete, '' '

_TL7TSDAT, Ara. 2.

prisoners
CRIMINAL SIDE. lendar. After the Clerk of the Arraists had taken them from the
Before Mr. Justice PARE. Foreman, that gentleman and several others belonging to the
Thomas Danetley and Samuel Bird were indicted for extort. Grand Jury, remained in the gallery. Ills Lordship observiii‘d
ing money from John Axx, by putting him in bodily fear by this, addressed himself to Sir 11. Hollins!, and asi:ed whether these
threats that they would accuse him of haying committed a certain were not any other bills before them ?
infamous crime. The prisoners were indicted last Assizes for the Sir H. Radford—No, my Lord.
same crime, but owing to a defect in the indictment, they were Mr. Justice Paax—ls there not an indictment against Sir
remanded, and again put to the bar on an amended indictment. Willoughby W. Dixie?
Parnell As:, wife of the prosecutor examined—My. husband Sir 11. Ilalford—No, my Lard.
lives in the London-road, near Leicester. In the evening of the Mr. Justice Pane —1 hen let the prosecutors be called on their
2fith December last, three men came to our house anti asked for recognizances. To what amount are they sworn to appear ?
Mr. Axx, saying they had something to communicate to him. My The Clerk of the Court here communicated to his Lordship is
husband went outside the door with them. I cannot say whethrr an under tone the sum, which we believe is 10!. each.
the prisoners were with the parties. I followed about ten minutes The Rev. Thomas and the Rev. Charles Wright Were theft
after, and heard one of them say they were come to take my hos. called three several times to appear, and prosecute the indictment
band for a crime he had committed some yraesaga, and that they against Sir W. Dixie, or their recogniaances would Ire estrateti.
were ordered to do so by a gentleman from Ott, Ile. My brother Neither of the gentlemen answered to their names.
['Moreton was Caere, and asked the man what was his authority. Mr. Justice PARK-111 there no attorney in attendance for till
I who replied It_ was a constable, and had authority enough. We prosecution ?
were very much alarmed, and some of these men propmaed to make A gentleman r} few minutes afterwards entered the Court, srsa
It no, if we would agree upon terms, and it' their expenses were going towards the Bench, said—l am the attorney fur the ruse.
raid. One of them advised me to make a friend, and obtain the tutors, my Lord.
money. I told them I had Ii!. but they refused to take less than Mr. Justice PARE—Have you not got any evidence, Sir, to Sup.
181. and some odd shillings. I went to Mt. W. Glover to get the port the charge against Sir Willoughby Dixie.
money, and left one of the men with my husband up stairs. They Attorney—No, my Lord, I have no evidence to bring forward-
had no masks on, and I sin pretty sure that Di. tley was the By the COURT—CaII all the 'recognizance-a. By this condoct
man who spoke, and I think the 4 :her prisoner was with him. the ends of public justice are defeated. The teargnitances a• •
Bird weds the man who remained with my husband, and the third mosTthein
Radeeciveru
ea
nted,
panandeciuttoreteffeehats,loo9serebeednitaanoitnheZuissporantestii:o:
not appearing,
man went with me to Me. Glover. Glover, and a person named having
Theacroignngi
itaankceesn
, them.an d
Cartwright, came brick will me. We found Duntly and Bird
with My husband. Duntly asked if I hid got the money.
/tow far these Rev. Gentlemen elmaider themselves as acting writ
1 had two friends who were canting to produce it. Duntly Said
the house.
=ld Itil,
they would take my husband away if they did not come soon. II v The Court —Let their tee n' be estreated. I cannot ear
thltires
nblaoinsde
yt oolndropriety to the country : for, from what appears In the &list,-
very much
agitated and alarmed. Bird followed me into the bed. tilins• I Mild this to be as • gross a case as 1 have ever seen in k
Inc:tin: ttsioblge,i'li.erntlh linnetsemthe 81to. silk had
tatut p in.
room to get the money, and held the candle whilst I took it out of Court of Justice. I wi.lirilso that the Magistran4 of the courts
a box. Duntly wished my husband to leave the country. They should understand that to fifture all depositions respecting telonies
refused to leave the house until he did, and he accordingy left his should be returned to the Judges at the Assize at the ve-y first
home at twelve at night. I went to get him sonic linen, and Bird moment. , „ ,
made me give a pound to the men who were waiting. Bird mig 7; 1 lie Wand JUT, were then dismissed.
have observed that I left a pound In the boa when 1 took out the V. , The interest excited by this case againt Sir Willoughby Dis.)
lly husband staid away until the Spring Assizes. *as by no means great in this town ind neighbourhood t the C,V, •
Crosa.examined.--1 told Mrs. Glover what I same for, bit the flexion between the parties (by mandate> and their previous e,i,. -
men themselves told her and Cartwright what they wanted. The, dust towards each other. leading persons to anticipate what Irma
asked the prisoners for their authority. and Duntly produced a be the result. The dodge had refused a; ball the Baronet, who
constable's staff. On the Wednesday following I &coveted they had been kept in confinement from the time of his commitmetit,
were not constables. I was in such a state of alarm that I can hardly without any communication being made by him as to his efence.
....................iir.,.
remember what the men said to Cartwright. One of the men said
they had got sufficient, and that Cartwright might take care of Herring fishing commenced in the tfotay Frith tome
himself. We had bean at Leicenter but a short time. We had jays ago. In the lower parts of the frith, about Louie_
lived in London seven years before,
and had heft" that lived Si I twoolt boats have already taken from fourteen to twein
Warmington, in Northamptonshire. I know Wilson the consist le. ' ' , Y
1w . The ~) they had • Ai I barrels s-day ; hut the Ctotnarty end Findliorn boats hate
at arintripon. preinners said
Shcrrard, clerk to a Migivrate at Wertirgtou. We lel that 1-!re: 8S hit ba-'l;y El; CUCC,'",