The British Press; or, Morning Literary Advertiser.
London, England, 1824-03-27 00:00:00

THE •0t.1./.

Mr. 11ART presented a petition,grou-----nded on the following facts:
The petitioner had been a practising attorney, and was applied to In
thearay of his profession by a Mrs. Berry, who had been arrested,
to avast in her liberation by means of bail ; Asyill, a publimn, and
Wheatley, a lace. manufacturer, were in consequence prevailed on
to become bail for her; Mrs. )Beery was brought to town in due
time to discharge her hail. About the same time application was
made to the Court of King's Bench for a rule. remiiring Mr. Smith
to show cause why he should not be struck off the rolls, for having
surreptitiously caused the onto': of W heady, a lace-manufacturer,
to be affixed to the bonis of the bail. This application was sup-
ported by the affidavit of %V Mad', in which he alleged that he was
clerk to Smith, and that he was absent front the office by the dia.
lance of ten mites on the day on s•hich the affidavit was signed and
sworn in his name, and that he never signed or swore to the affida-
vit. Smith stated in Ammer, that Wheatly was positively a lace.
manufacturer ; that he was not a clerk to Smith ; that he could not
even write; that when he was out of employment in his occupation
of operative lace-manufacturer, he was occasioaally employed by
him (Smith) to serve writs anti go on legal errands and, finally, It
was alleged, on the authority of affidavits by several witnesses, that
Wheatly did actually sign the bail bonds. Mr. Simpson, also, be.
fire whom the bail bends hail been sworn, alleged in his second afFi.
davit, that, on more accurate recollection. he was convinced
I Wheatly swore to the bonds. On this confliction of statements, it
I was referred to the Master of the King's Bench to inquire whether
Wheatly had been clerk to Mr. Smith or not. The Allister made
his inquiry, and reported to the Court his opinion that %neatly
I had been clerk to Mr. Smith. and Mr. Smith wss of course struck
of the roll. Now he (Mr. )tart) held in his hands numerous &fil-
-1 davits to prove that Wheatly never had been clerk to ;‘lr. Smith,
and, among others, the affidavit of a M r. Row, who was clerk to Mr.
Smith ; he had also the allegations of many, proving that %I-heady
was a lace-manufacturer ; that he worked as such ; that he eirried
no business in diat trade ; that he p,ssessed three looms, at which
he was seen working . • that he boasted of his dexterity in making
lace; that he instituted actions at law for imputations made Against
• him as a lace-manufActurer ; and, that having become bankrupt, he
was printed before the Commissioner to have been positively an
operative maker of lace. On these affidavits the IJ;anied Gentle.
man trusted that the Court. seeing that Ins client would be restored
to that profession from which he had been thrust out in cooscqueme
of such gnus mis-stAtenterd, would pay more prompt attention to
the subject on being informed that the exclusion of 31r. S with front
the profenion had involved.him in such extreme distress, as he could
not extricate himself from by any other 110:31111 than the restoration
lof his name to the roll. . . . .

The Lunn CIIANCELLor.-1 suppose the Master tried the rase
on the affidavits then lying before him ?
Mr. Ilan T—Ves, my Lord.
The Loon 4 ..lONCEl.r.on—M'm Counsel heard on the report?
Mr. TncalsovE—No. my fated; the 3laster's report wan not
given in writing ; he made it rorr to the Court. and the loar.
instantly. acting on his opinion, struck Mr. eohith off the roll. Nu
Counsel for the pctititheer wits present to make observations or. the
affidavits. . . . . . .

LORD CITAXCEI.I.OII—The qtrmitios is, whethc-r a man who is
by trade a lace-manufacturer, anti may be oces,ionally employed
by a solicitor in runnir.g an errands, can be ccnsidcred as his clerk;
but 1 must sec the Lflidavits.
Mr. anv—l shall send them up to riot Lordship. I hare
; to remark on them that they contain much matter rue v.. 17 relevant
to the question. In the political town of Nottingham, it in int-
possible but political feelings must have en•cred the cause. There
are, of novae, many matters ascribtd to political opinions, which
have no connection with politics ; Mr. Smith allews he was tints
attacked for his loyalty.
boats CHANCE LtoN-1 don't think he was struck ofr the rolls
for being a politician, Mr. Hart.
ItAlti.—.NO, my Lord.
Mr. Tate LOY E alluded to the Via-ChafieflleleS ceder made in
the case. _ .

Tire Loan ANCE r.Lon—The Fire-Chancellor acts in this
Court only by delegation ; he derives his authority from the
Chancellor. lin mot mean to say that hr may r,,,t possew betk•r
judgment than I do ; bat w//c I um at the head of this Court. I
shall always exercise my own judgment iv matters like the prewtsk
which affect the professional eminence and the general prospects of
the Officers of the Court.

Mr. TIESLO V E submitted that the Vier-Chancellor was not
warranted by law in reversing the order of the Master of the Rolle;
it. may be a particular regulation of the King's Bench that no soli-
citor shall permit his clerk to become bail. and that Court may
strike off a *elicitor from its roll for the violation of that regula-
tion; but that, involving no moral turptude. was no reason the soli-
citor should be struck off his Lordship • 1.111 also for the violation
of the order of another Court, while he niay have acted regularly
as an officer of this Court.

-....------
LORD CUAIMELLoa—He was struck cif the roll, I take it, for
haring used artful miarepresentstion of U'liestly's profession. in
order to evade the order of the Court ; but I shall read the &aide-
vita and give you my opinion without delay.

LENT ASSIZES.

SURREY AIiSIZES, MAuctt 26.

Sarah Wharmby wa. indicted for stealing. at Petersham, on the
21st of February, a quilt, value 201., a sour, value L. and other
articles, the property of Charles Bayley, EMI. hi his dwelling-
house.

Mir. Tursstat.a opened the case for the prosecution.
It appeared in evidence that Mr. Bayley, ti.e prosecutor, was
in India ; that his wife, Mrs. Bayley, took a house at Peter-
sham, last year .r her health, where she died in the latter end of
last month ; that the prisoner was her nurse, of whoat the deceased
always spoke in terms of the highest praise. After the death of
Mrs. Bayley, inquire was filmic of the prisoner if she knew any-
thing of an Indian silk quilt that was miming, as the relatives of
the deceased meant to be liberal to her servants, but wish:ll, in
the first instance, to be in possession of all her apparel. The
prisoner, however, stoutly denied all knowledge of the quilt,
and subsequently said, that it had been tent by her mis-
tress in a parcel by the carrier, as a present to a particulor
friend. It was further proved that the prisoner, in a conversation
with one of the other servants, stated that she believed it was
thought she had purloined the quilt. This conversation took place
in the prisoner's bedroom, underneath whose bed a bundle was
discovered by that servant, who being terrified at seeing something
unusual there, asked her what it wax? to which she replied, that
it was her bundle, and that she had placed It there. It was further
proved in esidence that the prianner„ for or fire days after the de-
cease of Mrs. Bayley, had sent the bundle in question to a lodging
which she had hired at Richmond, to be taken care of, where the
constable afterwards found it. The Rev. V. U. Bayley, Sub-Dean
of Lincoln, brother of the prosecutor, hari.-; caused the prisoner to
be examined respecting these circumstance'', and she still pereevering
in her denial of all knowledge of them, had her apprehended ; and
upon her being informed that a bundle, in which the quilt and scarf
in qu.stioa, with other artieleo, had been discovered at her lodging
at Itielimonil, then stated that they had beta given to her by the
deceased. The quilt was a very curious and rare article of Indian
workmanship, and the scarf wag eachemere.
The prisoner, in her defence, again stated that the property in
question had been given to her by the deceased, with strict injunc-
tions to her tint to disclose that Cet.
Mrs. Jones Burdett (anti other witnesses of the highest respect-
ability) spoke to the character of the prisoner, of whom she had
been in the eorstant habit of hearing Airs. Bayley speak in terms
of the warmest aCection and regard, and saying% that she never
could repay her for the assiduity and attention with which she had
watched over her 'luring ant illness of sixteen months' duration, of
the most distressing nature.
The medical geademan who had attended Mrs. Bayley during
her ilium corroborated these facts, aml farther stated, as did
Mrs. Jones Burdett, that the deceased was a lady of very generous
habits. _ _

Mr, Justice REST summed up the evidence at great length,
and particularly dwelt upon the improbability, that articles of such
a nature and rarity as those, fee the stealing of which the prisoner
was indicted, should have been given to her by the deceased ; and
also called the attention of the Jury to the contradictory statements
of the prisoner upon her being applied to for an account of the
articles in question. The character which the prisoner bad re-
ceived was in every respect creditable to her, but in this instance I
could avail her nothing, unless the Jury amid entertain any,
doubt of her guilt, which he could not suggest.
The Jury immediately found the prisoner (:mitt ; whereupon
the Sub-Dean of Lincoln begged to reconituend her to mercy, to
which the beamed Judge saki lie should attend.
In the mean time sentence of death was recorded. This case
excited very general intermit Mr. Andrews appeared for the
prisoner.
There was nothing of general interest on the civil side to-day.
A sensation of unfeigned regret was visible throughout the Bar,
upon hearing the reported death of Mr. Searlstt.

YORK ASSIZES, Blench 21.

The proceedings In the Civil Court today possereed no public
interest.

Mr. Searlett was sufficiently recoreted to appear in Court to-day,

11111WIARY.

George Jerrie, aged 20, and Benjamin Wolfer, aged 25, were in-
dicted for breaking into the counting -house of Meters. W. }A-
ward and Richard (heaves, of Sheffield and stealing a Bank of
Rogland bill for 2001., one Bank past-bifi for 14131. he, another for
7W. another for 41, together with a quantity of gold, silver, and
copper coin.
Richard (:raves, one of the partners in the firm of (;removes
and Go., stated the situation of the counting-house, which i. mt.
peered was connected with a dwelling-house, in which s. clerk of
prosecutor lived. The property was stolen ell the 111th of October
last, and it seemed to witness that the robbers had jest ascendedthe
roof of the counting-house, and then broke open the witidow.
Marcus Platte deposed, that on the 10th day of October last he
met George Jarvis, one of the prisoners at the bar, is Sheffield.
Thee went together into a public-house, and were soon afterjoined
by Benjamin Walker, the other prisoner. Walker proposed to
them that they should rob Messrs. (heaves' warehouse that night.
Witness and Jarvis consented, and they aU went out together to
reconnoitre. Harvey viewed the premises; they again returned to
the publie-house. A man of the name of Matthew Holland en-
toed' and the plan of the robbery was mentioned en him, but he
refused to join an it. About 11 o'clock the prisoner left the public.
house and went along (*a we-lane to the house of witness. They
there provided themselves with a Gnu ard steel, a candle, anti a
crow-bar. They reached the premises of Mr. sheaves about cute'

o'clock. Witness and :aryls mounted the tt'.ttfo ftl,e con r. t ir,g.hoe se
whilst Walker remained in an adjoining roil fur :he I.i.spotie of:
keeping wat:h. Witness then proceeded to describe that they got
into the minting-holm thromilt the ceilirg, arid hake open the
desk. whence they took some 'live? and copper. In the iron safe they
found the bilk orient/mod in the indictment, the VAILIC of which wit-
ness did not then understand. They then left the premises and joined
Walker, who still remained et his original station. They then told
hoe that they had got plenty of stuff, and all three proceeded to
witness's home. Matthew witneses brother-in-law. let
them tun the house. They their &milted the mor...y, aod slust,si
three guir.e4 notes with Aker. Witness and Jarvis kept the
rest of the no'sa, and told %Valker that they had taken no
The silver and copper, however, they shared with W.'lker honestly.
(A laugh.) They shared about nine pounds mpiecc of the silvcr.
They jpould not gtuss what the bank post-bills were, hut they
gryveliffa'm to a rntm of the name of Stokes, in Little Sitrilivid,
daspos2 of. Stokes,. the witness. and the prisoner Jarvis, went
together to Nottingham and deliscred the hank-bills to a Jew of
the name of Moses Davis. Davis tcok them to liondon, and upon
his return told tbetn that he 11,..'n only reneived 70 sovereigns for
the bile. He gave each of them 211. and kep' Om remaining 71.
as lie said that his partner in London must have 21. and h.. own
expenses amounted to AL 14'imess and Jarvis were apprehended
on their return to Sheffield, and Walker ass soon after taken into
custody.
Matthew Holland confirmed in part the testimony of Plans.
Several other witncues were called in continuation of Platte
evidence.
The prisoners weak no defend; and the Jury without hesitation
pronounced them Guilty—Lfoth.