The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-20 00:00:00

69011 C it

His LoRDAHIP, in his charge, said thnt the Jury were engaged
in one of the most awful inquiries that had ever been detailed in
any court of justice. The prioo4r stood indicted for one of
the greatest crimes of which a human being enald he guilty, that of
the murder of an unoirentling couple of individuals, who were
quietly descending in the vale of yea's. He perfectly agreedwith
toe Learned Gentleman, Mr. Willia.sos, that it was most important
that the Jury should dismias front their minds all preconceived
impressions. He was sorry to think that the public press should
lend itself to such improper purposes; for himself he declared
he earned° the consideration of the case entirely without undue
impression. Ile had read nothing but the depositions taken before
the Coroner. Their guide would be the evidence that had been
laid before them, and nn that alone they would found theirjudg-
rnent. The ease was certainly bottomed on circumatantlal evidence,
uoly that of the prisoner baying been fond in the possession of the
clothes; net human eye saw the -s'fiesdful deed perpetrated, and,.
therefore If a doubtremained in their minds as to the prisoner's'
guilt, they would give him the benefit of that doubt; if on the
contrary, they had no doubt that he was the identical person who
had indicted the fatal Wows., it was a duty they owed to God and
their cottntry to find him guilty. Thej,earnedJtidge then went
over the evidence, commenting upon. sire 'vefililtris 'he proteeded.
The Jury then asked of his Lordship if one of the witnesses
(Sleddon) lied not sworn that it was moonlight when he saw the
ptisoner; they thought also :hat Weston ought to hare been pro.
duced. His Lordship referred to his aimanack, when the Jury re-
tired, and after they had been out about hailers hour, returned a
verdict of Guilty. When asked by the Oak of the Arraigns what
he had to say why judgment of death should not be passed upon
him, the prisoner stood mute.
Ills Lordship then put nn his black cap, and io the most im-
pressive manner addressed tile prisoner :
" John Diggies, a Jury of your country, after the most careful
investigation. have found you guilty of one of the most atrociutos
of crimes. That you were the person that caused the death of
these two aged persons there can be no doubt. Crime, though it
is easily perpetrated. is not easily concealed : though no human
being saw you commit the tirearltid deed, you could not conceal it
from the all-seeing eye of God,' before whose presence you will
shortly have to appear, and where you will have to answer for all
your actions, and tor this atmmg the rest. His wisdom it was that
brought. the foul deed to light. He bath said thou whosoever
shecitieth man's blood, by man shall his blond be shed—a just
retribution for crimes like yours. 1 trust that during the time
that you have been in prison you have made the beat use
of your time, and that the little remnant now left you will be
devoutly cent,loyed in hutucle preparation for another and a better
world, for in this you have not long to stay. The law requires
that in such cotes as this there shall be speedy justice done,
and your execution should take place in forty-vg:it hours after this,
but peculiar cirruntil inert at present allow me to give you a Mild
louver time, and I trust that you will make good use of is."
Hie Lottlship here proeeeded to pass the dreadful sentence of the
law nn the prisoner, ordaining him to be hanged uu Slunday next.
The prisoner said, on going to his cell, that Lie life had been
falsely sworn away. Since that time, however, he has acknowledged
the justice of his sentence, and made umple confession. He says
that he had no accomplices, but perpetrated the dreadful deed alone.
The SpecielJuries have just been made remanents.
CROWN SIDE-FRIDAY, 31aRott 17.

TRIAL OF JAMES EVANS FOR TUE SIMMER or ?MAUS
PRICE OF NIANCIIESTEE. OY TfIE 31) Or FED• LAST.

Tab, important trial came on at hall.pAyt
eight o'clock Chia tr.oro-
Ing, arwl did not diAsh until halt after uine o'clock at night. Every
sent to the Court was taken possassion of by seven o'clock. Our
Reporter stood bebind the dock for twelve hours.
On being arraigned, Evans pleaded, Not Guilts. lie wore a

black COAL and waistcoat, and his hair smooth over his forehead.
Ile has a kind of hatchet face and aquiline nose. Ile did out ap.
pear in the least embarrassed, but wad he hoped that his Lordship
would give him the beoetit of his assistance.
A motel of Mr. Pviee's warehouse was placed en the talsie.
Mr. Siaarls and Mr. ASILIVORTH ware fur th- (*roan, and
3lr. Serjeent Caoss, Mr. It'lLLtasts, and 31r. L. 1. Juuss, for
the prisoner.
Mr. STAIIIIE opened the indictment, and

The ATTORIiVir-GswEait. stated the COW on the pert of the
Crown, and said that he hoped the Jury would dismiss trun their
minds all undue prejudice which they might have conceived against
the prisoner, and look to the evidence itself, and on that alone
found their verdict. After going through the case, the Learned
Oeoileirian called

Thomas 'Worthington—Witness did not ask the prisoner any
questiao, nor say sty thing to him. The prisoner said, if he hid
'nought of this yesterday he would hare been in some other part of
the we.:l4 now. I asked hini what occasion he bad to any any other
part of the world if all was ri„;ht. lie made a pause, anti said, it
te nothing, for I suppose they can do nothing against me.
fal ward Norris, exemintd by Air. AutwonTrt—On the 3d of
February witness was in Marsden.rquare, Manchester; Mr. tireeves
has a warehouse near the late Mr. Price's ; he knew Mr. Price ; he
did not see him on that morning before one o'clock ; has known
!train eight or ten yeas; ha had regularly seen him before that
morning at the warehouse door, or generally in the square; t.e
recollect* Mr. Weaves coming up to hts steps; he thti nut set Alr.
Price nor Evans on that day ; was accusinzucti to sec Mr. Price go
to his dinner; he smelt tue, examined his own warehouse, and
found nothing the matter. About five minutes after one, a gentle-
man cams sod said that the next warehouse was on tire ; he looked
up and saw smoke issuing out of one M Mr. Price's windows on
the upper floor ; be could not get to the room, the amok, prevented
biro ; he went for a tire-engine.
Joseph Bowman examined--Us is Secretary to the Saving Bank;
he had not the keeping of the key on that day ; it was usual tor
the key to be left; sometimes Mr. Price and sometimes Mr. Evans
left it.

---
Joaeph Goode—He went up the stairs of Mr. Price's warehouse,
mad broka a window with a piece of deal. He saw no person in
the rootn. He gut the pipe of an engine through the window. The
tire wear on the right hand sido. of the room. Ail nut are Vr.
Price'. body. Lie saw some stains of blood where Mr. Price's
body ...as found ; believes it teas under the counter. Witness re-
ceived a cut when at the window.

Octaves. examined-1 observed the prisoner coming leisurely
along the street ' • I said young man, you take things very leisurely.
considering the situation your loasur's propetty is in ; don't you
see your master's warehouse is on fire; he then quickened his is;eps
and went to the lobby of his master's -varelonse. 1 saw hint
afterwards, and asked him where ho had lelt Ur. Price, and he said
in the warehouse, at a quartet past one. When I said you take it
leisure ly, prisoner said why should I not take it isisureky ? The
prisoner produced the key of the warehouse. Told the prisoner to
couiliat himself and not be hurried. 1. asked him if be was sure
that he had all his books sate, mid he observed he had. I asked
the prisoirre if they were insured, and he said yes, for 1,0091.
John WA% examined-110 saw a Mt. There were several pieces
of goods is a heap together ; some of them were On the body of
Mr. l'rtee; the goods were completely wedged down. Ile lilted
nin2 or ten pieces tip, and row a person'e loud ; 1 was choe
crushed down ; it fitted one of the pieces like a case. There were
blood and brutes on ono piece. The body was lying on the right
aide, his face towards the ground. There was no wig nor hat upou
his head. He helped to remove the body. Ho observed the
coat and shirt sleeve to be burnt. Ile touched the i:g of the body.
Several persons rushed into the roam. The pieces were tumbled
about, as if a scuffle had taken place. He saw C.:: goods on tire ; '
the goods appeared to be put this way.
I.nonard Brown examined—He saw the firetnen and whets enter ;
one man bud a hood on and an axe in his hand. Witness helped .
to wry the body to the Infirmary.
Juhn Haeltamby examined—lie Is a &email. No axes were
used at the tire. Ile was there wheat the body was found.
John Thompson—The prisoner said, just before the body was
found, that Mr. Price was in that room. %Vanes. rcturticil him no
answer. He sale be was iodinated,
James Ilattye examined—On clouting out the room we found a
Rene. The prisoner was with as at the time. I asked him by
what means the room had bean entered. He said that he had
locked the dont, and given the key to Mr. Price. We took up
nearly two pounds of clotted blood. The brains were scattered
About the Boer.
Charles Creswell examined—ls the house surgeon at the Man-
chester infirmary. He examined the Is,aly rice wits very much
scratched ; on die head there were two extensive wuttods, one on
the left side, and another on the right, close to the car ; the wound
on the left side was five inches and three-quarters. He opened the
head ; the wounds were the cause of his death. Ile considered
the fracture on the left side amply sufficient. Vrom the state of
tbo blood on the floor, he wes doci redly of opinion that the blows
had been inflicted before he was suffocated ; so much Wood could
sot have issued if be had been previously dead. He (lid not see
any blood between the skin and the scalp. The inference to be
desire from this was,ttlint Mr. Price was alive at the time the blows
were glum. The idrcubstion of the blood stops a few minutes after
suffocation. The wounds might be inflicted with a blunt inatru-
meet. They might have been inflicted with a poker ; a stone
could not have produced such wounds. Drowning ia a mode of
suffocation. Has not heard that life has hap restored after a per-
son has been under elver half an hour.
Mary Price examined—She had worked for the deceased three or
four years. She got to the warehouse about hid'.-past eight o'clock.

on the $4 or February: the prisoner cause shout &same Slept.
Mr, Prue cornet at bar-pest nine. Prianuer and Mr. Prite wens
up mini together ; they were looking at the sock-book. when :t
omen eallcd for a small' accounts he was diedred to call agdin.
The primener vent up stars. and afterward,' came down and naked
her if her matter had gone out. The prisoner went up stairs ana
locked ape dour ; be brought the keys down and put them on the
counter.

Attar a number of other 'witnesses bad been examined,
Lavender produced a ehirt and collar stained wish Mood. whiels
he took at the pi-lancer's lodginga, which mains the prisoner said got
there by using moms alerting cuuitaltion.
Tbonta* Evans, the fitter of the preform, stated that be had
lived with the deceaeed three years, but a•lmitted on his cram.
eseminatinn that Aix lion had had an unpicroaint affair about a bill
of rithangv, in which Mr. Price ran a party, and that it was a
forgery, aid that the father hat settled it edit the deeeaw..l.

A ou:ober r.t per,oata spoke to hi ring seen the prisoner out at the
time he was .0%41 to be in the warehouse.

Lor.Dantr thal %ungu-cl up, and the Jury in a short time
fClUtbed a otrdict of Nut (;netty.

OXFCMD ClRCUlT.—SitanventaY, ArAnclt IC, 11'.26.

Ti.. Assizes commenced here on the 11;th raglan:, and terminated
this Jay. Mr. Boon Gerrow prrsided on the Civil Side, wham
there were i wen:i..two cavae enter.A. of which ei,;ht were referred
line am made a demand, and the r :insindor were 'lnv meet MOT
and uninteresting nature ; they are wholly unwcrthy of being meh.
boned.

CROWN F.TDI.
Itcfore 51r.4tire PAM
C/a the Crown Side there were forty-two rrimone-s for trial. The
following ettwo, tried to-day. Ave ;Jane worth notice.

Heary.Good, a resplactable.looking man, &Sold thirty yeses of
age. was indicted for felawrioutsly stealing,. on the Insh of August.
11824. at Winfield, in tiiis evonty, a bank post-bill for the sum of
100101., the property of Elizabeth .11!emit, widow.
Mr. Cu RWOOD stated the rasa on the pert of the. propecution,
and then called the following witeeinet.
Elizabeth Eleock.-1 am a wide., residing at Roston in, thee
county, two miles and a half 'mem ttriegenortli. I live by myself'.
I became acquainted widi the prisoner ihreugh a Mew Ruehton.
about two years ago. Mile Rushton wan on • visit to wie. and thl
taiseetr need to come tw pay heteartmeirwomee its did owwev'l
little dtivgs for me about toy tarn in a telermilv way.
„Ile Fe..
, cause intimate, and I coeeidered iiim an a friendly acquaintance.
I In the month of August„ 1334, I received the amount of some
money lent en mortgage by me to Sir Rebel' t IxtwiEy. It was
1,660/. Mr. Nichol+, my attotariy, received then aelowntin my
presence, from Mr. Harding, who Is clerk to Sir liehcrt faieley
agent. It was paid in a bank post hill for I,lifiel, said the remainder
consisted of Ilirininghatu testes. lily attorney irrunedkitely handed
me the whole amount. Oa the back of the bank poet 'alit the Marla
of a pales leaned " thiett" was written. 1 took thin inner home,
and in a short time tfterwards„ the presence being at my !muse. I
communicated to him that I had received it. I told him that part
of the amount consleted of Permirgham notes. and perlieps some
of them might be forged. The prisoner and first was positible.
and offaed to take then to the htourbiitige bank and zeicertairt
whether they were genuine. Aecordingly I Cave I:.in the largest Ilia.
mitigharn notes te take tm the bark. TPer.: were two !Imes for.
10111. eatra, and one for 5111. He sent an.l got aom ehaneed. and
brought other notes back to ate. Alai that I said to the prisons
that I did not knew abet to tio Weir my I,ectie ; nml :me eitid he
knew of a very pretty place for sale, which woitht etas;; an exceir
lent oppotutaity for th 3 Inteitoient of ceeital.4 end if 1 liked, he
would lay the money eat in that any lit, me. i *eked him where
the place was, and he said it was a plece Vimenl HiaL
in this county. I knew the place. i objected to it as being ton
distant from any town. I eeked whet rent he thoite.it it would
bring. and he said that he *mild give the :a • a can fir it himself.
lie said that tie puechaiie meney required far it sae Pee'l., and L
thought that eel. rt year would he toot: ietceist for My money.
told him that it be could buy it for me i would have at Ile that
odd me he would let me know when Mt self' teal place. Ile
shortly 'afterwards called on me, and teld me that tees the day on
which it was to Le soil. I then told him to Ley it tin tee, Shortly
efterwards lie cans anti 0.1 me tia heal Leete hit It h,r 1.:100/.. end
said he warded 300/. (3 pay the irt 4wori 1 theaeht that a
very large sum for that pittpaee, but he hese cred that I should
have the less to pay when the title was need° good, and time venders'
would pay the intemet of it in the m(311 time. I.;poi, this I let hint
have the 3.:01., and afterwards be called union tee, and told ten Lad
paid that deposit. 110 then said I bid better br. the re-
n:einder of the purchase none,. go into r.ir. teepei'e bank at
Bridgeoorth, and it would 11:ir.g nit 31. per cent. interest. 1 ca•
pressed a doubt whether they woad allow me interret there. He said
he had ieqeired and he found that they would. Then I gave him
tho I.ooe/. bank pest bill, and told him to tiling me a receipt for
it, which he promised to do. I poeitively soar that I gave hint
that note fur no other purpose than to put it Mtn the bank. I sow
the prisoner afterwards. gaol asked him for the receipt. lie wild
he had not brought it, but it was safe.tme tie heal it locked up in the
till of his elicit, and he would bries it ram me. Lie said he ha'.'
lodged the bill in the bank. In a week el erwartts he cone to res.,
and said, " Mrs. Elcock, I will now give you the receipt." He
pulled nut bispocket.book, and lot.keal over a great many pap*.
which were in It. and said its had 111V.113.111' y missed putting it
into his pocket.hook, but he weal.: send it to rue. I said," do not
.send it in a nett for feu any tiling sht)Jhl happen to It, but carte
and being it yeursehT." He situ he weald en so In allday or tvl4.
' After that I beard of sornetLiog the prierier had been doing which
induced me to go to him ; and, on 'warp hint I told him I under.
stood he had been swaggering at a peraic.aomme about the amoilet
of mnitey be bad. and had beet, lay ::( wagers with my bill. He
replied it was a great lie ; for what be Intl shewn was inertly's
' chock that he had procured not or the beak, and my money one
quite waft there. 1 war tether doubtful : but being very ill, I dirt
tiot me the orisoner again fur six weeks. 1 went to his haute when
I got well, and, on seeing hint, before 1 spoke, he said " I thought.
H•s. Eicock, to have brooght yeur motley long ago." I replied that
I had expected Idle for a long tens. Ile then said that lie would.
,I come on the dlooday Filiowingt but he did not come. I then went
to the bank to knowil my mousy was 'edged there, bur I found it
never had been. I afterwards earned that the prisoner had bought
the estate in his own name with my money.
Crnes-examined by Mr. Ilsonovi —1 unit gave him the matey
at first to put Into the bsuk. Ile was to purchase the estate rot
no, but I did not at first eritreat him with the money for that pur-
pose. 1 Her: a pa,mer was &Levin to witness.) The siereiture to
Chet paper is my band.writing. licte the paper was put in Pod
read.' It was a make published throtightutt the county. at the in.
atence of the proacutrix, iewieg that the prisoner had Lid chitin sr
the estate called Wood Hill. but denying his right, and udding
that he had purchased it fur the prosecutris with her money.

Ctoas-examinating of the a liners Twin:el.—l pine the prisoner
the money for no other purpose but to plhoe it in the bank. I gaee
inenuctious to my attorney to draw up this raper. When theorist.
net told me the money was sa‘e in the Inu,lt, I told him to go on
and complete the porcheee. I employed hint as my ag:mt. and he
was to rent the farm of me. It was Rot entil August, ite2i. that
I had the prisoner taken before a magistrate on this charge. I had
told him to put the money into the hank in my name when he told
me that they would allow per cent. interest.
William Cooper, Lsq. examined.--1 belong to the 67ra of
Cooper and Co. hankers of Driegenorth. I do not know the pets
*ono any more than that he has had dealings with our Mom to
small extent. We ithould have allowed some !persons interest foe
money deposited in our bank, lint not the prisoner. There is no
entry in our books of 10000.„ either in the rime of the prisoner or
the prosesutriz: and If such a sum hail been paid in, it would have
been entered. Tar prisoner had ne MCCO.t.IL with us; he mild,'
changed notes occasionally.
Mr. !larding, a clerk to Mr. Unett, of Il!rmlogham, who is Sir
A. Lawley's agent, proved the peyroant of the leltetl. to the prow-
cutrie ; the 10001. bank bill had Mr. Unert's name endorsed upon
It. The bill was here produced, and the witness said he had ho
doubt that was the bill.
W. Nicholls the attorney of the enosec3tria, proved she had re.
ceived the 16001.
Henry Parkes, clerk to Mesas. Hill and Co. of Stourbridge„
bankers. proved that in the month of March. IRTa. the oriser*
came to their house aged asked for change of s 10081. note. The wit-
ness refused to change it until the prisoner brooglit some one with
him who knew him; he did so, and then one of the partners in the
1 house ordered witness to give change. %% knew yoked the misorier
to writs his name and address on the back of it, winch he ditl, and
received the change.
Edward Goodall, the constable who took the prisoner into co as
tody on the Nth of August last, said that the prisoner asked if nil.
nets thought he would be liberated on payirg the money beck Ito
Mrs. lslcack ? Witness replied that be could say nothing about as
John Winnall—l remember going en the lath ofJuly last with
the prosecutria's attorney to Wood Hill, where the prisoner lived.
The attorney demanded of the primmer, on the part of Mrs. 1,1-
re,ck, the papers sod writilags belonging to the estate. Yoe rib.
saner denied haring had any of her reenter, and the bank hill foe
1.0001. in particular. He wag asked if he had not changed it at' the
Stourbridge I%IA, and he then denied that he teek it there or that
he ever had it in his possession.
Mrs. Maack identified the nets.
Mr. BARROW, for the prisoner, here subm'ned to the Goitre
that though a fraud might be committed here; yet there was not
sett a premeditation in obtainirik the note le quetoion as .to render
the conversion of it by the prisoner to his own use a felony.
Mr. Justice PACE thought that was a tettestion solely for the de.
terminat:on of the Jury.
Mr. Batman then called several wheelies, who gave the pri-
soner a good character.
Mr. Justice PARK charged the Jury, and, upon the whole
of the evidence, left it to them to deckle whether they thoutzht,
when the prisoner obtained At hank bill in question, he did
with a view in convert it to hiseown use
The Jury found the prisoner Ossifies and
Mr. Justice PAWL after some meltable remarks nn the wicked-
nese of the prisoner in robbing a defenseless widow, petite:lced him
to seven years' transportation.
Iftnektt was indicted foe feJorinosly stealing, en the 211th
of November, 1815, a:bny mare. taloa thirteen pounds, the pre.
petty of Richard Mainwaring, of Wrockwantline.
The only thing extroonlinaey in this case was, that there was &n-
-ether prosecutor besides Illainwaring., under attot'ier indietinms,
who, with his witnesses, swore as positively to the taste amlen am
Mainwaring and his witnesses did. That the Mare traced to the
prisoner was stolen 'there amid be nn doubt ; hut. in the mincer.
taint? as to the owner, the Jury frond the prisoner Not Gail!.
Jm!in "Alen was indicted for &tit touvocted of *taring limn*
Ling, on the 14th of Stepternber, by raining over him with a cart;
but the pseticulms of the ease were 11iiirtzrestivg ; sad as the rise

ThA

)

%cm: re:eived a gond character for humanity, the Conn sentenced
him to only seven months' imprisonment and hard labour.
.lisizes terminated hoe this crenir.g.

11031 E CIRCUIT.7I7I7HATow, MARCH 17.

the Loan Fitter AARON and a Special Jury.
O. wEsToN NIGHTINGALE.
Thin was an action against the defendant for maliciously, and
a ithntit any remionable or probable cause, prosecuting the plaintiff
on a chl-cle of felony.
Mr. (irawry and Mr. CCITT TY conducted the plaintiff's case.
tied Mr. 31ARIYATT, Mr. A DOLpIIUS, and 31r. BRODERICK
the defendant'e.
Ths ylaintiff and the defendant were respectively the sons of
forme-.s. the father of the former being the in.ceming tensor, and
the mothar of the latter the nut-going tenant, of a farm et ()attend,.
The tregicy of Mrs. Nightingale expired at Michaelmas, 1824.
when s'te gave op aontettion of the farm and premises to the
plaintiff's father. with the exception if a barn and some other
etanteiliihars, which she retained, according to the custom of the
i• ote el. v. Lll May, 1823. for the purpose of threshing out the last
y. ir's Ci'nl'3. From time to time hay, corn, and other articles,
l.e rag miss ;I from tare premise; of which Mrs. Nightingale retainrti
re-tetei,n, it was determined to have the buildings watched, in
order te ,feteet the supposed depredators. In the barn was kept a
large quantity of oil-cakes, for the feeding of sheep. and on a night
iv .hatch lam two of the servants of Mrs. Nightinkale concealed
themselves ill the building. Early on the following morning their
attention wan excited by a young lad pulling she barn-door open,
entering and carrying off' a great many oil-cakes, and delivering
them to an older lad on the outside. In consequence of the in-
furmation given to the defendant, who managed his mother's
hi:mass, the plaintiff and his brother ere.re apprehended and
charged before a Magistrate with feloninuely stealing the oil.cakes
on the night in question: and they were committed to take their
trial at the Reigate Seseinns in April. where they were accordingly
tried and acquitted. The plaintiff was then advised to bring this
action.
On the pan of the defendant, Mr. Barnard. the committing
Alaglatsato, was examined, and he gave it as his decided opinion.
that there To just canse for suspecting the plaintiff and his brother
of the felony, and for that reason he had committed them to the
Stations. Two witnesaee,named Rayky and Page,who had watched
the barn on she night of the alleged robbery, swore positively that
the plaintiff and his further actually stole the oil cakes. The
younger lad had gne inert the barn under the door, and handed the
cakes out to the plaintiff, and both were taken in the fact.
I'mler these circumstances the Learned Judge interposed and put
It to the plaintiff's Counsel, whether there was not at least reason-
able and penbable cause for the prosecution ?
Mr. GI-aver said, if that was the view which his Lordship
took of the rase, he must submit to be nonsuited, although he
enuid cantradict some of the eircumntances stated by the de-
trottane. witnesses.
The LORD Cm!, Rating wan clearly of opinion that there
was re .senehle and probable cause, and therefore directed a non-
stti'.—Ni
rtstoi, a gentleman attorney at law. was indicted on
tar int.e 31 (Len. 111. c. 113, for feloninusly embessling 2431. 10s.
the property sf William Jones, Esq. his master and employer, in
the "Irish of St. ()serge the Martyr. onehe 10th of November.
"tte rrisatier, uho It a person of most respectable appearance,
le-a been teletTats4 in bail. and now surrendered to take his trial.
!.1-. GI:RN:7V (with whonawas air. POLL .xD) stated the else
ti.e peotenition. Ths proseeutor was Mr. Junes, the 31arshal
cf the King's !tench prison. The prisoner, who had been many
vex, an attorney, came from Bath to London, anti was taken into
t .e nieleyment of Mr. Jones, en his clerk, with a salary of 3001.
..r Ws duty was to receive anti make raytnent ter 31r.
: es. and he was also emeloyed In defend actions brought against
'I litter in his character of Marshal of the King's Bench prison.
4:l‘ &regal end a great number of action had been brought
'rt. Mr. Jones, and defended by the prisoner, without the tor-
apprised of the proceedings, until called upon to pay the
51'. ernds, The transaction which was the subject of the
to indictment was !his:—Two prisoners for debt, named Mills
flollingworth, having escaped from the „rules, their respective
tits ring eredimts brought actions against the Marshal, which
s etc deterded hr the prisoner, on the Marshal's behalf, without
hi • attCr.t.ttity. lie lied no knowledge of them until the 10th of No-
s • tilbcr last, when the prisoner applied to him for M 41., stating that
c... 1 money must be paid to settle the actions. The 31arshal was
en !tersely angry et being kept In ignorance upon the subject until
but immediately drew a cheek on his hankers, and desired
the money should be rib! forthwith. The prisoner received
111(ler. and applied shout fO/. in discharging one of the actions,
to .• CT remainder be converted to his own use. Thin discovery,
however. was not made until the 15th Fie:ember, when the plaintiff's
••orney in *lie action tar the escape of .Mills applied to Mr. Jones
1. r she payment of 2431. 10s. complaining of the lung delay in set-
iiirg the action. The Marshal wee astonished at this discovery,
led fiettirg that the money had not been paid, he had no al:erna-
t,ve but to give another check for the amount. Under these cir-
,n.ra.anect Mr. Jones felt himself hound to institute the present

3:-.112E1t

indict:tient.
Jones stated that the prisoner wits first employed by him in
6 r t^ir.het 1122. He had a salary of 2001. a year as clerk, with an
additional allawante of 10W. a year to act as attorney In actions
Taught against witness as Marshal. Witness was only to pay
esrenres oulof pocket, its addition to the when the prisoner
a .ed as hirat.orney. Sometimes he employed the prisoner on
private busine A. as a regular attorney. It was the prisoner's duty
to p.ir and receive, but chiefly to receive money on witness's ac.
erupt, and pty over the procieds to him weekly, and render regu-
E.: weekly vent:ate. Witness then stated the transaction of the
allesed embezzlement, in the manner it had been nopened.
in his cross-examination by Mr. BRODERICK (with whom was
Al,. A DOt.r us), Mr. Jones did not deny that he had notice in
August of the bill having been filed against him in .%lills's case.
Ile admitted mat he had received 2001. front Milk's sureties, in part
indemnity for his liability. This was before Michaelmas term last.
He further admitted that he had offered to refer the disputes be.
tween hinirclf and the prisoner to two barristers, provided the pri-
soner ant.ld &liver in his accounts beforehand, which he had ap.
plied for over and over again in vein. The prisoner had taken
away all the books and vouchers from the office. The prisoner
reser could be got to render any account. Lately he had sent in
some acc•unt.. but to a very small amount, and merely in dribs
and drabs. He had no desire to injure the prisoner t on the con.
trAry, he wished to serve him. It we, with his consent that the
pr,),lner was admitted to hail. The 3901. was paid to the prisoner,
no (hinny tote:tic the actions as his (witness's) attorney, but at the
same time as his clerk and servant.
Mr. Baron GRAHAM interposed, and intimated that the prisoner
could hardly be considered as having feloniously embezzled the
money in the character oCcietk and servant. At this time the pri-
armee was acting as the prosecutor's te.!orney, and though, perhaps,
there was a des iation from Mr. Jones's instructions as to the appli-
cation of the money, still it was not a case within the statute on
which the indictment was founded.
Mr. tit:axs v said that if this was his Lordship's opinion he
should net pre.' the case any further.

The prisoner wa, stain indicted for embezzling a sum of COL,
received by him on alt. Junes's scrount from a Spanish gentleman
',soled 31endiribel, for the kentfit of the rules of the King's Bench
prison. This nionty woo paid mu the prisoner on the 111th of No-
ven:ber, 1234, but, as Mr. Jones alleged, he had never accounted
for it. The prisoner's out was to render weekly accounts received
fr.,on rulers. tie hid renered accounts for 1824, but had never
brought obi* aunt (arr.:ad. A tier he quitted Mr. Jones's employ-
ment a brush' yes fon-d in the office, in which the prisoner charged
bincelf with this money. The entry was made with a black lead
pencil. This book was kept in the prisoner's desk. and was one of
the boot's to which Mr. Jones himself might have had access. Mr.
Jones edmitted that hi‘ niem,:ry was not good, and he had no men!.
ketion that he had ever received the money in question. Indeed,
he was sure be had not. He die' not remember instances in which
br had mete tisittskiesin supposing that he had rot received certain
sums of roarer when; in far., he had received them. Them were
instaAes in width he had received money from rulers without the
interventi.in of the prisoner.
Mr. ri.7011 G11.1)1A31, adverting to the faet that the prisoner had
ii;y ms"' •to eptry of the money in question in a book to which
Mr. .70:WS frigii, have had access. *aid it was WO much to call upon
the .1:.•,r.• con Art the prsroner of emberelement, especially as
there a t 1 be disputed accounts between the parties, and
titertor, I e pot it to Mr. Gurney whether be would press the case
farther.
Ii 1.1;1-, errs- r-. 1 I, thp.t as Mr. Jones bad no private feelings
upon ti r • ..I'4lCt. he should intauellio..Lly net upon any suggestion
eno.ii•g Ii tic (•o•-t.
Thr.'.. y.

,I::l.esrned Judge's directions, found t'ae pri.
4.: he was disebsrged.

toper 11°.

till] inst., was St. Patrick's day. The
u P.S
day nnc of tl.e finest the uncommonly fine season has
y•I p-odured, atai :'w gay procession with which, according
:he Si I'l of St. Patrick celebrated the morning
of :, ersary of their patron saint, looked as gay and
inpnsing tact: precessions can possibly look.—Liverpool
of
At she mail-catch from Dumfries to Portpetrick was
entt.ving Gi....:.;llJuse on Thursday evening last, the horses
took trick, and set off 'sr full speed. The coachman, per-
ceiving his lit tnest exertions to curb them unavailing, made
an flirt to turn them round a corner, and fortunately sue-
i d ing co without any accident, farther than break-
ing thr^e of glass in the house against which
.she ttnrt:t; pt,-...,.itatetl, and where their impetuosity
was e :rattily d.
T.rc,•s st.ri:.—We are sorry to say that the
town c` been in a state of agitation and
titan .%). • chy tut, in consequence of a distnrhance
which: . 4,.t the evening of that day, when the
fr3m.l-k.iittlas procrtled to treak the windows, and demo-
lish the th:.,rs and sht.ttrirs, of all the hosiers, and others
coormead v-ith them, in the town. An express was sent
otf to Coveatry for the aid of the military, who arrived
with the strictest promptitude about ti.s o o'clock in the
morning. On Tuesday the mob again asiembled, but the
'principal inhabitants came forward with alacrity, and were
morn in as special constables. The Riot Act was their
seal. and they dispersed without doing further mischief.—
Lei-ester Journal of J 1 arch 17.