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London, England, 1825-09-21 00:00:00

eked what he had done with it ? He toia me he had sold it It
Mr. Thumwond, coach proprietor at Windsor. I then asked hist
if he wrote a letter I showed hint ? He replied be did. I the*
asked him how I was to receive my horse back. lie wad he could out
tell ; but that he would remunerate me for the loss of my hottest
some future period. I asked him to state when ? Ile could not
state exactly what time, but that he should be in possession of
money at some other time. I inquired if he bad any friends that
would guaritnee the payment of the horse? Ile said not. I thew
said I could not suffer myself to be reblied with impunity ; and if
he not being some one forward to be guarantee for the pay. •
mein for the berm, I must charger in officer with hint. My sett
was outside, add he went and fetched an officer.
The letter nientioned in the evidence of this witness was here pat
ir.enct read. tt :stated, that the person who had taken away the
prosecutor's home bads* it under very peculiar circumstances, and
without so intending at ttfe, time of hiring it, or being fatly aware
at the period of its brine solid of the serious nature of the offence. It
added that the unfortunate culprit was of a highly resisocoible fa.
milt', and had friends to whom a knowledge of his guilt could not
fail to prove fatal. It farther stated that the prosecutor should be
remunerated tor his loss, and concluded by conjuring bias to pay a
merciful attention to the request contained in it.
The letter was well written 1n point of style, and evinced that the
writer possessed talents and acquirements of a high order.
Cross-examined by Mr. BOL LAk h—On inquiring I found where
the prisoner's family lives!. If he had given me the guarantee this
proceeding would nut have taken puttee. From the conduct of the
prisoner. I think that at the time of his having the horse he had no
intention of stealing it. His subsequent penitence induces me to
suppose that was the cane, and that his disposing of the horse wee
the consequence of present diuresis.
Abraham Lorimar, the officer who apprehended the prisoner,
stated, that at the time of his apprehension he admitted having
hired and disposed of the horse in the manner described.
This was the case for the prosecution.
Mr. Floe Lawn submitted that there was not sufficient evidence,.
to go to the Jury of the felonious intent at the time of hiring thee
horse.
Mr. Justice GAS£LET thought there was evidence to go to the
Jury ; whether it was sufficient or not would be tar them to say,
He would put it to the Jury to decide with the proper observation*
which might be necessary to direct their decision.
Mr. Martin, jun. begged to gi.ie it as his opinion that at the
time the prisoner hived the hone he did not mean to dispose of it,
but intended to returnit.
Mr. Juytice GASX LEE was potty he could not listen to the hu-
mane suggestion of the prosecutor; but it was the peculiar pro.
vince of the Jury to determine upon the felonious intent which did
or did not accompany the hiring.
The prisoner, being called on for his defence, addressed a few
words in a very low tone of voice to the Court. He protested that
he had never premeditated the feloniousaction„ end fully intended to
return the horse to the owner. Mr. Martin was mistaken in represent-
ing him to have said that he was going to Poplar. The fact was, that
while at Windsor he had Unlinottiately fulleu into improper com-
pel''', and been totally deprived of the small means he at that time
peisessed. The bill from his inn WO then resented ; he had no
money to discoarge it, and did not know hopw to art. lie would
have gladly returned to town by one of the Windsor coaches if be
had had a few shillings in his pocket to enable bins to do so.
Placed in this awkward situation, he did not know what means to
resort to in order to extricate himself from the dilemma and dire.
dirty. Under the overwhelmjng pressure of these circumstances he
had disposed of the horse to Mr. Tltumwood, without reflecting 'O4
or being fully aware
.of the serious tenure of the offence he wa.
coremitting. He solemnly protested, that -st the time of selling th-t
horse he was not fully aware of the criminality of the act. He had
afterwards consulted a friend, whom he informed Of the act he had
committed, and lie then learned that he had been guilty of a capital
offence. He again declared that he had not premeditated a felonious
act tid he arrived in Windsor, and trusted the Jury would take
into their consideration his inability to attempt any thiog like a de-
fence, pressed down as he was by a sense of the shame and disgrace
attendant upon his crime. Ile had fully intended to afford the
prosecutor every remuneretion in his power at the very first oppor.
tunity..
Several respectable witnesses gave the prisoner a very high
chatacter.
Mr. Martin. jun. was recalled, and eaplained his evidence with
respect to the place mentioned by the prisoner at the time or hiring
the horse. Witness thought the prisoner said lie wasgoing to
Poplar, but could not be sure of It. He might have mentioned
some other, place; and the horse was not let to the prisoner by dis•
lance, but by time.
Mr. Justice (Wexler charged the Jury at corsiderable length ;
and,. alter recapitulating the evidence, put it to the Jury to us,
whether the prisoner, at the time he hired the horse, intended to
steal it or not. If they entertained a reasonable doubt on the sub-
ject of the felonious intent, they would give the prisoner the bench:
of it, and return a verdict of acquittal
The Jury immediately acquitted the prisoner.
Mr. Justice GASTLTE—It is a very proper verdict. Under the
circumstances of the case it 'could be saying too much to convict
i the prisoner of the offence.

tßefore the REeoitnEn..]
EM BEZZLEM ENT.
R;chardr, aged 18, a clerk in the employ of Mr. Richard
Wilson, a whartinger, was put to the bar for embezzling a check
for 10!. and upwards, the property of his employer.
Mr. C. PHILLIPS stated the case, which was afterwards detailed
in evidence.

Mr. Richard Wilson, knew the prisoner at the bar for six months
put; his employment was the collecting of money. Witness
keeps the Hamburgh Wharf ; it was the duty of the prisoner to
deliver to him, or his two clerks, all checks he might receive be-
fore he got them changed. The prisoner remained in his service
till the 6th of June, when he fled, and did not see him again until
he was in custody ; he hatl caused tw6 sets of bills to be printed
for his apprehension, with a reward of 23 guineas.
Mr. John Newbolt, a hoop-bender and merchant, knew the
house of the prosecutor the draft I now hold I drew, and gave i:
to my brother in Potter's-fields. Southwark.
Mr. Charles Newbolt, last witness's brother, proved that the
draft now produced he gave to the prisoner, and received his ac-
knowledgment for the payment.
Mr. R. Wilson again called—Ts agent to Messrs. Wallis and
Foy ; the check was for the freight of a barge load of goods landea
at the Hamburgh Wharf.
John Wilson, clerk to Messrs. Remington and Stephenson, the
bankers, stated he could not say that he paid the draft produced
witness, however, had made the entry into the book.
deorge Dare, a cletk in the house of the prosecutor, knew the
prisoner's hand-writing, and the document now produced he has
no doubt was the prisoner's.
The letter was now read : it purported to acknowledge his fault
ih leaving his master's house, and the alteration it would make k,
him, if his time was to come over again ; he knew his employe-
would prosecute him to the utmost ; and he said why should he
hot, as he had embezzled from him to a considerable extent, am,
If he did not now prosecute him, he (prisoner) would repay him a;
a future period.
Dare, a clerk to :Hr. Wilson, proved that he (prisoner) had
never accounted to him for the draft produced. He did not a.
count to him for any business done at the Hamburgh Wharf. a.
his counting-house in Tooley-sheet.
Mr. Nelson deposed, that on the 7th June last the prisoner it s
travelling with him, and went by the name of Smith ; he alsa
showed him a quantity of sovereigns amounting to about 80f. I:
was do the rosu to Ramsgate.
Sladden, an officer at Ramsgate, stated thaton the 13th July bast
he saw the prisoner, whom he addressed as " Richard," when he
said, " Are you an officer from London ?" he replied, " No • but
he was a constable." It was at his lodcings in Iligh-street, R.aras-
gate; he denied going by the name of Smith. lie pleaded extreme
distress, having spent all his money, and spoke most highly of his
master, Mr. Wilson.

phis was the case for the prosecution.
bit. BRODERICK here took an objection to the indictment, lOU-
much that it should have been laid in the county of surrey, and not
in London.

The objection was overruled. but the point urged by the Lewin.:
Counsel respecting the difference between the draft and a ban ker'4
check, the Recorder reserved for the opinon of the Judges.
The prisoner declined saying any thing, but left it to his Connie
who called several witnesses, who gave him an excellent character.
The R xcoangn summed up the evidence, and the Jury, after a
few minutes' deliberation, pronounced the prisoner guilty, bac
begged to tecommend him to mercy in consequence of his previous
good character.

NEW COURT.
[Before Mr. COMMON SERGEANT and a Middlesex Jury.)
kitert Fear was indicted for stealing two cart-leads of slates.'
on the 21st April last, the property of Mr. Stothcrs, his master.
Mt. StOthetti deposed that he carried nn business at Orosvenow.,
wharf, Milbank. The prisoner was in the service of witness last
July. and had been so seventeen years. A man of the name ot
Hoskins. whorl°, also carried on the business of a slater, left the
service of witness about two years and a half ago. A bout the 21st
of April, a barge of duchess slate arrived E his wharf; he gave
the prisoner orders to take two or three cart-loads to the Penitent
tiary.. He gave no orders to take any to Hoskins ; he never ha.t
any dealings With Hoskins.
Cross-examined by Alt. A I.LET—IIe did at one time give the
prisoner orders to sell slate. In April last the priomer had no as_
thorny to sell any slate but what was called waste slate ; the prt-
100er did nevertheless continue to sell slate contrary to the orders of
the witness. Prisoner on the Saturday preceding his being taken
into custody paid witness I!. on account of sales of slate.
By Mr. A DOLPIItTS—Had the prisoner ever any authority to
sell slates b the cart-load ?—Never,
Jnlm Webb, a carter to the prosecutor, deposed that he remem-
bered the two cart loads of slate in question. The prisoner gave
him orders to load these two carts from the barge, and carry them
to about live hundred yards beyond the Pentie,tiary, and said
Thomas Hoskins would meet him there and tell him where he sag
to unload. Thomas Iloskins gave witness five shadings foe each
cart-load. Ile did not generally receive so much for unloading_
Did not make this known to his master, bat owned it when found
out ; witness told the prisoner that he thought all this was not
right, and that It would be found out, to which he replied, that this
was no matter that concerned hint (the witness).
James Bradley, • slater, in Mr. &other e employ, stated Ma
he saw the slates loaded. and canted beyond the Penitentiary.
Thomas Pearce, the constable, said he apprehended the pi-
sonar. and was present at the rumination. No promise or
threat wits held out to induce the prisoner to make any state.
meat. He apprehended him on the 30th of June, in his own.
room. As he was going down 'the Millhank-roati, the prise_
inner was much agitated, !cant as the witness's shoulder, and al.
most fainted. He I know I have done wrong to my mu.
ter; if 1 hail hearkened to my wife, this would not have happeneti.
He said nothing about Cu slaws.
Mr. COMNOW-SERCEANT briefly charril thc Jury, who im.
meshately found the prisoner Guilf.