The British Press; or, Morning Literary Advertiser.
London, England, 1824-08-14 00:00:00

ROBBERY OF EARL COWPER'S STEWARD.

The following circumstances connected with the ease of Harris,
one of the party found guilty of being implicated in the burglary
at the house of Earl Cowper's steward, will not only be read with
interest on account of their probable influence in determining the
fate of that unfortunate man, but also as tending to demonstrate
the ecreinecireunispecfion with which evidence to personal idently
ought always to be received.
The story told by the prisoner on his trial. and which was cod.-
ro!matest by the evidence of loin daughter, was, that on t!ie night of
the robbery be was at Aidley's theatre, which he lett about o ache
o'clock at night, utd then went to the public lionise at the Surrey
boat of irestminster.bridge (the Red Lion, we believe), where he
met a party of three rename, with whom he entered into Callfilifl..
tion. mod in whose compaiiy he left that house, about one o'clock.
Ile .li.l not know the 113I1W at residence of the lierlyobelaoll hear-
ing them say that they were going as far as the 't ortaltire Stang°,
Partilimoon.
It is well known that the evidence of the child to sustain the alibi
at the trial was so discredited by the contradictions and diserepan.
ties enc. Jed in cross-examination, as to have no value attached to
it. The fiienda of the prisoner, Itow:ver, attributed theme incur.-
, ebtencies in the child's testimony to its inexperience and agitation,
at the time when giving its testimony, and determined, as a folic'',
hope, on calling at all the houses near the Yorkshire Slinger, in th.t
hope of finding the residence of the party into whose company th&
prisoner wan accidentally thrown on the right of the robbery. and
whole testimony to that effect would of course establish an aieo.
Four or five days were in this manner fruitlessly employed by a
young man of the came or :Simmons, who aria accomponitd in his
inquiries by a son of the prisoner, of about nine years of age. The
I zeal of the individual was not abated by there repeated disappoint-
ment*, and on Thursday 'am he determinist on affixing entices at
the corners of the dilEctent streets in that neighbourhood-, requesting
the party to cme forwrol. While thus euoployed, the prisoner's
son etriaimerl to hint, printing to a person who was in the art of
j not erg out of a 110t,V2 in Circus.strevt, •• That is the man that can
save my father's life,- an I running to him, besought his asistarte, a
'ibis person, wh we name is Maisey, and vrh.t Mr many years ha.
; resided at No. ti, in that street, immediately rerognised the boy ;
o and, on an explanation being made to him, egrets! to accompany
the party to the Seaciary of State's office. (In their arrival there
i they made known their lousiness to Mr. Caliper, who told them
theie Interference was tritekst4, at the fate of the man was deter.
ruined on. The party, however, were not an to be repulsed, bait
' atill persisted in demanding an interview with the Secretary of
State, and were at last told to write down the information they had
to communicate, and it should he taken up to Mr. Ilobhouse.
They arr.:gratingly ',Fore the folloosiog words :—.' Some persons are
waking. ahn cat give important evidence on behalf of Janice
Harris." This was taken to Me. thrbhosise, who sent nut word hir
them to wait a short time, and he would grant them an interview.
About half an hour afterwards they
.were ushered into the presence
of Matsui. llohitouse and Capper, Sir Richard Hirnie, Mr. Nichol.
arm, the Under-Sherii. for Ilertfordahlre, and Mr. It'il.on, thz
gaoler.
3lr. Maiitey then stated that on the IVedneoillay in Whitrue-
week lie went, ao:ompaniel by his wife and daoightrr.iii-law, to
Asley's Thoutre ; on looming which they went ma public-house et
the foot of Westminster-bridge, to pmeure some refsedimenr, and
that while there, a man, a...comp:tined be a female and two chit..
dren, a girl end boy, came and sat down in the Rime box as they
trorupital. A conversation ensued, in the course of which it came
out that both patties had been to the Theatre, and t le topic of eis.
course in consequence became the merits of the piece they had tot.
tually witnessed, and whirl' it appears was the spectacle culled
" The Battle of IVattrfoo." That in the course of the talk. wit.
ness was inbonical that the man's name was Hari is, that the woman
was his wife, and doe toy and girl their children. About a quarter
to one o'clock they left the house in company, hut almost mine.
diately after separated, In contequence of a s'orower of rain
coming down, each erodeavouring to make their way home as fast as
possible. Witness thought little of the circumstance afteroarib,
till the whole was recalled to his mind by the on ireettiol siolor .of
the boy that morning, whose perion he fled:zed lie immetis.ate)r
rceognistd.

lu answer to the inquiries of Mr. f'apper, witness gave a doseri2..
tion of the person of the man, and which was at:mined bs Mr.
Nicholson and 31r. Wilson to correspond with that of tha r..
sonar.

On the close of the examination,

Sir Itrnithn Itinwir: observed, that it was scarcily possiesie
that the prisoner, by travelling post, could have reached Ilerfor t
in tint: to be present at the berglary; an opinion in which M:.
llobli,use and Mr. t'spper expressed their concurrence.
A private conversation ensued among these gentlemen, and in
the result the party were dismissed, with the assonsoee that. untie:
the circumstances, a respite of the sentenec would be grantee.

THE STOLEN BIRMINGHAM BANK NOTES.

At the Guildhall yesterd interesting and importaet at.
gum cat, eclat ye to the offet ee, generally, of receiving stolen brat
motes of any description, arose on the re.esamination, More Sir
Jan:es Shaw, Bart, yesterday, of Fhtabetli Tarale, in custody I It
the tlisrge of passing two of the Binning:lam honk niece, sioleu
from the Banton coach, about two years age, as noticed in tree
paper of %VednesCay last.
The prisoner, who is a very fine yourg woman, it will be re.
collected is the sister of Charles Crowd a, who was tried at the OA
Bailey, and &mulcted, for this affair, and the wife of Thomas
Tuntley, who rood Indicted will him, but &dna appear. It was
at first suspected that the lel. Bank of England note, which
the prism. er had offered in lieu of the two stolen notes she hot te^-
dr,to, was ene or a pacel sihce stolen ; but as the inquiries made
had not elicited any thing to establish that fact, the case Caine o-t
upon the orig n.I charge only ; Mr. Humphreys. the family soli.
citov, al-paring for the prisoner; M %Bromine, of the firm of Bax.
ter and ilemmesg, of tfray's Inn. for the prosecution, on the part
of the hanker; th: City solicit, r being also In attendance.
The previous depositleas being read over. Mr. I lemming applied
to the Magistrate for a forth'? adjournment. Ile had eviderer
there to prove that the notes the prisoner had tendered sere par: of
those sent from hoodoo by the Balloon Binningliam comb, hat
the guard, the material evidence to prove the rubbery, would not
be in town for some days.
Mr. III:141.111ETS said he believed it was notorioue that th
Balloon 'coach had been robbed. The fact, indeed, was upon rt emd.
and one or two p mono had been tried as receivers of tome of fre
notes, kr owing them to be stolen but admitting that fact, he had
t s coot. n from all the tit u noes that h.ed occurred, the pri-
soner lad coma ital no otlence in law. In the case of one man,
who was tried at the 0 d Batley, and convicted for receiving some
of these very notes, knowing them to be stolen, two objections were
taken, which were referred for the opinion of the Judges. In the
first, it was contended that as the notes had heed paid at the
bankers in town, and stolen on their way back to the country, :Ind
had consequently newer been received, the y were therefore ut no
value, and could not be the subject of a larceny. This was sup-
ported on the case of the King against Bakewell, who was convicted
in 1803, for having stolen and circulated Bank of England notes,
which hail previously been cancelled. It was argued before the
Judges, that althomfh these notes might not atrirly come under
the term Bank of Englank notes, or securities for ninety, they
were certainly within the meaning of the words of the stature
'• valuable effects,' and though as cancelled, they might be con.
sidered as vaimless in themselves yet the cashing. them made them
of value. The Judges, however, sits.ided differen ly, and dPettarged
the prisoner. Tne case of the King and Asler, for stealing Es.
chequer Bills, without the roper signature to them, was decided on
the same princip:e, and the prisoner was pardoned. From tine
cases it WAS argued that no felony in his bad beets ammitted
with respect to these notes, and consequently the receiving them
could be no offence.

The oCrobjeetion was, that under the Si i:ute 3 Geo. IV.
cap. 24, for exterding the laws against receivers of stolen goods. to
receivers of stolen bids, bank notes. lie. from the very ambiguous
manner in which it w: worded, no indictment fir felony could he
maintained ; end though be:ore that statute the stealing of a Jose
is ocao had been made felony, it was only by this tutu' that
the receiving &chose is orlion, knowing it to be stolen, was rendered
liable to prosecution. Upon both these objections the judges de-
cided in favour of the pt ironer, and he was discharged. '4 soh re-
gard to this statute, Mr. !lawn 'hillock, on a late occasion at
York, expreutil his opinion that it was so very ambiguously
worded, that co indictment for trimly could be framed under it.
The law, therefore, with regard to receivers, he (Mr. llumphres)
contended, rAnatu ml as it was bet're the passing of the statute,
and iiMy as regards stolen gores or chattels eauld a receiver be
indicted before the conviction of the principal felon.
Sir Jaats SHAW—Have there not been several convictions
in the country for passing some of these very notes knowing thew
to be stoler

1-11r2-1.1.1: st. marra—TN—two at lat• chests, but the stn
were both discharged.
Mr. Heat KIX° said. as he was not aware that any questions
law would be raised, he had certainly not conic prepared to argue
them; but he apprehended that though the notes might e.ot 1., of
value in the hands of the persons stealing them. th, y would be of
value in the hands of third persons, how holders, like Mr.
Steadman, who, as in this case, bad given v:iitie fait it; and asked,
as proof of it, whether it would rot be held that such persons tr t4ht
maintain an action against the banke-s for the &went. In the
case of Ilakewell, quoted, hen. ter had any legal right in the turfs.
and consequently in his hands they were ui no value; bet he
thenglit they must be considered as of value when received with a
guilty knowledge, and not from the littr...,n sliding them.
Ur. llcarnarvs begged ta retuind the 31ns:is:rate that the
prisoner was a rained %mean, and her hushaeid stood indicted et
this v. ry moment for this offence, and she might be considered as
acting under his on reion.
Sir J. suaw—From the evidence before me, I think tLere is
sufficient to warrant nay sending the prisoner to trial.
Mr. II t• m rumor:vs—For what offence, Sir?

. .
CITY SOLlClTOR—Unslerthe last Act of Parliament. hlr.ilaron
Ilullock's opinion is only the dictum of a single Judge. and it has
in no case bean decide') that an indictment under that statute will
not lie.

Sir J. SHAW theught the 9ncstion one of great importance. He
sh..uld therefore send the rweumer before a Jury, and the Julges
would thin give their onirvons, which would lesa to an Avner:Mucci:
of the law upon the subject, if it should be found that it •as cot
sulkiently clear to meet cases of this description.
The rootlet was then remanded, that the guard might at•.eut. so
that the necessare evidence as to the fact may be .ompleted.
Tumley seemed greatly dis..ppuitited at this decision, and wept
bitterly at being sent back to prison.

- - ---
Yesterday morning, as one of theca:lA-Knots was mtilong
under the bridge in the Itaek Road. Kentish Town, the pew", on
board discovered something floating on the water, which. on .s.
speetion, they found to be the body of • female. It was ronseitd
to the shore, and appeared to hate been in the water several &vs.
The body was wired in a black dress It was conveyed M.
Pancras Workhouse. to await t.tc senliet of a Co:oner's Any.

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