The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-27 00:00:00

MIDLAND CIRCUIT.

WAR WI CI, JULY 25.
(Before the Lorin Chill BARON• 1
Andrew Phelan was capitally indicted fur bigwig, on the 19:h
May last, feloniously uttered a forged IL note, in the town of Bic.
mingliain. with iutent to defraud the Governor and Company of the
Bank of England.
Edward Parry examined—l lire at Birmingham, and am shop.
man to 510E:sig. Pa!ry and Waddell. liqutir-me•chanta in that !own.
I saw the prisoner in their shop on the 19th flay; he was drink-
ing cider, and offered a note in payment of what he had had. That
note purported to be a I!. Bank of Elgland note. I showed it to
Mr. Cocks, who thought it was a bad note; and I thought the same
myself. I sent a person to Spooner's bank with it, and it was there
pronounced to he a forgery. (Joan this being told the prisoner, he
exclaimed, " What ! is it a bad one; that's odd enough, as I only
just received it of Mr. Cheshire, ofSnow-hill, for work—give me
the note, and I'll go and get it changed." But the witness replied,
" No, no, you shall not go; I'll go myself and get it changed."
Witness, upon that, went to Mr. Allen, delivered the note to him,
and had the prisoner apprehended.
Wm. Smith deposal that he went to Spooner's bank with the
note in question. The note was the same he received from the last
witness, and he delivered it back again to him.
Mr. Allen, with whom th note was deposited, produced it,
and swore it was the same that was left with him. lie ques-
tioned the prisoner as to the manner in which he became pos-
sessed Wit, and as often did he give various and coatradictory.
answers.

_..;
The constable who apprehended the primer deposed to the same
effect.

Smith examieed—lf am the proprietor of the Red Lion
pub! cat note, at Birmingham. I recollect the 17th of :Bay last, for
on that (lay I gave the prisoner charge for a forged 11. note. I did
not know at the time that the note was bad. The prisoner showed
me several other notes of one pound each, and asked me if they were
good, but I could not tell him.

•
bevel:it other witnesses, who had been sufferers from the prisoner's
passing forged notes, deposed that they on various occasions had
given him change for notes, which proved to be forgeries.
Mr. Christmas, one of the Inspectors of the Bank of England,
proved that the note in question was a forg-try, and that a second
note produced to hint, and tittered by the prisoner, was also a for-
gery. Bitli notes were struck tiff from the same plate.
The prisoner in his defence said, that he hail been repairing a
ceiling, and that he found three notes wrapped up in a piece of
brown paper. When he offered them to other persons, he had not
the slightest notion that they were bad notes.—Verdict
Degth.

Joseph Thai*, was capitally indicted for a simiLer offence, and
nearly under similar circumstances.
I‘ltery Bowes examined—l am a maid servant at the Anchor pub-
lic-house, in Birmingham. On th- 10th of ►lay, the prisoner came
to my master's house and asked for some cider, which he had in
company with another pe• son. He offered me a note to pay for it ;
I gave the note to my master, who went out with it. While mi
master was out, the prisoner was very impatient in asking for his
change. 1 stated that my mistress; was out; but I expected her
to come in very soon, and then he would be sure to have it. The
prisoner thin went away ; lie called twice after fur the ch inge, and
I still told him my micro's was not come in. When he came
another time, he was taken up, as the note proved to be a forgery.
The witness was cross-examined by Mr. Sergeant AnANS, but
the only evidence extracted from her was, that the prisoner walked
quietly out of the house after asking for his change, and that his
manner exhibited nothing of fear or apprehension.
The Hank I Spector proved the note to be a forgery, and the c in-
stable proved the apprehension of the prisoner.
The prisoner, in his defence, said that he hail found the notes.
Verdict, Gully—Death.

John Smith :ilia% Slack, and Olim.r Turner, were indicted for
hawing atolen front the parson of Jostles Stourch,Awo notes of the
value of LO!. each.

It appeared in evidence, that. the prosecutor was a farmer. of
very simple manner*, and king at the lust Warwick la;r, received
the notes in question from a person named Hancock, to whom he
had sold some sheep. the eourse of the day he met the prisoner,
Smith, who with Into that he had purchased some sheep in the fair,
that one of them had strayed away, and that if the prosecuto
would assist him to look ran it,. he would cheerfully give him
tame beer. The farmer was taken at once, and yielded to his te.
quest. However, before they went out the pursuit, the prisoner
Smith took hint to a public-house, called the Wheat Sheaf, where
they were soon after j,ined by the prisoner Turner. After some
time, the simpleton pulled out his notes td see if they were right,
when Turner suddenly snatched the notes front his hand, and
placed two others in their stead. The no-es appeared to be five-
pound notes; bur on a more careful examination, they turned out
to be what are called " flash" notes. The two prisoners instantly
ran away ; but being closely pursued, they were taken into custody.
The prisoners, in their defence, endeavoured to make it u!.pear
that the prosecutor had lost the money by gambling with them,
but called no evidence to substantiate their statement.
The prisoners were then severally sentenced to transportation for
life.

WESTERN CIRCUIT.

EXETER, TUESDAY, JULY 2.3.
CROWN COURT. •

FPlMans Dodd was indicted for assaulting Sarah Oats Ocrman„
with intent to commit a capital offence, and, in a second count, with
a common insult.

Mr. 3IEREWET HER conducted the prosecution, and Mr. JE-
REMY and Alt. CROWDER appeared fur the prisoner.
Sarah Berman, a girl about 15, shabbily dressed, but rather of a
prepossessing appearance. examined.—She said, I aril an appren-
tice to 51r. IVindyat, who lives at Ouston. On Thursday last I
got leave from both my master and mistress to go to the fair at
Moreton Hampstead, which is two mites from my master's hem%
I arrived there about seven o'clock in the evening, and, after walk-
ing about for some time, the dancing commenced, and I went into
the Bell Inn. There I first saw the prisoner, who was then talking
to a woman. When he saw me going towards the dancing-room
he took hold of me, but the woman who was with him disengaged
me. I saw him continue to look towards me, and was leaving the
Bell, when he took me under the arm, and led me towards the par-
lour door. When we got there he pushed me into the parlour,
cline in himself, and closed the door. 'Dore were a great many
persons in the parlour, both men and women, drinking. I offend
to go out of the room. but another man said—" Sit damn you little
—, or you will rats the house." I then sat down, and I todd vat
near me. lie pressed me to drink, but I did not wish it. Ater
some time he lifted a glass to my lips, and made me drink. It was
spirits, but I don't know what kind. Whilst we sat together Dodd
asked me where I lived, and I told him with Mr. Winilyat, st
Ouston. Ile inquired whether I meant to go home to my master's
that night, and I said, no, I meant to go to my mother's, who lives
near :Moreton Hampstead. He said ! must not go home to my
mother's, I must go home to my master's. I said I should not.
After a while I raw an opportunity, and left the loom by myself.
I went towards the fairing stand, to buy some fairing* for my
master's children. Dodd followed ate. I said I was going to my
mother's ; but, when we came to a C1'044 road, he said I should not
go to my mother's, I must go to fey master's. Ile then Ed me
towards the road leading to my master's, to which I went very re-
luctantly. After we hail walked on a short tittle he wanted me to
go into a field, but I refused. Upon coning to a gate he
forced me in, sad, following himself, threw me on the ground.
[The witness here proceeded to detail the particulars of what
occurred, which are too gtoss for publication.] After about half
an hour we left the field, and I wished to escape from Dodd, but
he would not let tne go, but said we should go together. We
walked tOrward together to !Beam Dawns, about a niiie trona the
field.—[The witness here described the manner in which the pri-
soner repeated his assault.]—After this we walked forward towards
Milford. He asked me to go into the copse, which I was very un-
willing to do, but he forced me in. This was a mile from Alearn
Downs.—[The witness swore that oat this occasion the prison r
assaulted her for the third time.] —lie afterwards asked me to go
with him to Exeter, and said he would buy me new clothes and
take me to London, but I would not. I then became very unwell,
in consequence of anxiety and ill-treatment. Dodd said lie would
send his sister to ate, but I refused, and said i would go home to
my master's. At last he allowedme to go, and at parting asked
me to go again to the fair on Friday to meet him, hut I would not
promise. I then went to my master's, but did not arrive there
until ten o'clock in the morning. My spistress asked here I had
been, and I told her that bad happened to site, and how ill
Dodd used me; I afterwards told the saute to my master and to
my uncle.
Cross-examined—l have often been at Moreton Hampstead Fair.
My mistress did not say I should be home at any particular hour.
She was angry when I first came home, until I told her what hap-
pened. I had never known Dodd before, but heard him named at
the Bell when I first mot fn. 1 was walking in the early part of
the evening with a young woman, tut I did not know her name;
it is not usual for nee to pick up young women I don't know at the
fair, but I did so on this occasion. I did not go into the Bell
until about ten o'clock ; I suppose it was two o'clock when I find
spoke to Dothl. He said in a whisper, in the parlour, " Will you
come with me?" and I said I would not. The prisoner's sister
was in the parlour, and also a young woman who has since been
married to the prisoner ; there was also a person named Saundtrs
there, and Mrs. Saunders; she did not advise me to go home, she
said nothing to me. The prisoner was not drunk. He offered me
13s. in the cop e, and wanted me to run away with him; he gave
roe sweetmeats at the fair.

Mrs. Grace Wyndiat stated that Sarah German had lived with
her for the hat three years. She gave her leave to go to Moreton
Hampstead Fair ~n Thursday evening laat, about six o'clock, and
the girl remainta away until after ten o'clock next day. She de-
scribed Cie appearance or_the girl ou het return, and repeated what

she hal told her, which was generally like what had been mated by
the prosecutrix on her direct examination.
William German atated, thAt he was the prosecutrix's uncle,
Learning that she hail not slept at her master's lineage, nor at her
mother's, on Thursday night, he went next morning in search of
her, end hearing that she Lad been seen wi.h the prisoner, he made
irquiry and found him at the Hell Inn, in the cellar with the land-
Wi ness asked prisoner whether he I;new anything of the
girl ? Prisoner said, • what girl ?" and witness replied. " way
Germ in, that is apprenticed to Mr. Winelyat, at Oudot." Prl.
sort, r answered, " I)—n the girl, what should I know of beet"
Witless said, " I am told you were seen with her this morning,
and for God's sake let me know where she is, for her mother is in
great !rouble about her.". Prisoner then said, " I left her at her
master's lionee at four o'clock this morning." Witness said,
•• that was impossible. for she lied not been at her master's." Pti.
seiner repeated that he knew nothing more about her.
Mr. K t gdon (a surgeon, resident at peeler) staled, that he had
seen the proseeturix on Saturday last, :hod described her situation
and state of heal hi. His opinion was, that the person who
tempt Wt.° abuse the prosecutrix had not effected hid object.
For the defence Nicholas Crook was swotn--He was at the Bell
Inn on the fair night. He saw the prosecutrix and prisonet entree
the parlour together, about two o'clock in the moaning. They sat
together, and drank out of the same glass. They appeared on the
most friendly terms with each other. After remaining for about
two boos. Sarah German went out, and in a few minutes the phis
'over followed. They were speAting and laughing just Wert
Sarah German went out. The prisoner armed drunk when ke en.
tered the room ; he took two tumblers of spirits and *stet in cowl.
pony with the proarcutrix, and when be left the roast he was id
drunk that a child might hate got away from him.
J,•mes Saunders was also in the Dail lint, and. Jaw the privies
cutrix and prisoner in company. The prisoner called for lei
tumblers of brandy and water, three he gave to the company, sad
he and Sarah German drank the other two. They talked softly.
And Sarah German was smiling. The prisoner was very much in-
toxicated. lie and prosecutrix drank out of the atone glass. She
drank and then handed the glass to prisoner, who drank and re-
turned it to her. She seemed to &ink without much pe
The prisoner had been a soldier; he is lately returned (roe as
Fast Indies, and is a man of considerable property. Witness
has only known him for six weeks.
Cross-examined—Witness's sister was present that night. She
has since be n marled to Dodd. The marriage *as agreed on
before this night.
Hobert Endicot saw the prosecutrix and prisoner enter the par.
lour at about two o'cirek in the morning. I% itness was not a yard
from them. They went in arm-In-cot. Dodd did not push pro-
secutrix ; she was smiling.
The waiter at the Hell stated that the prisoner and pmeeturrin
sat together, and drank two glawes of brandy and water. Prom.
cutrx drank out of prisoner's glass, and lie did not seem to prm
her. Prisoner seemed the worse for liquor.
Ann Saunders (the prisoner's mo)her.in-law) was in the company.
She asked prosecutrix whether it was not time for her to go home ?
Prosecutrix replied that she meant to sleep at her mother a. Wit-
ness made answer, " It is time for you to go, then." Proseastria's
mother lives next door to witness. Prisoner kept company with hist
present wife before he went to the East Indies, and lettere ale.
tinned to pass between them during his absence. On the evening
in question it was settled that the primmer should be married on thee
next Saturday. He was married on Saturday morning. Prisoner.
was drunk, and on that account his wife was not angry with him foe
beintr attentive to the little girl.
James Harvey was at the Miring stand when the proseetnrix and
and prisoner cane there ; it was about four o'clock in the morning.
There w. re several people about the stand. Prisoner bought aims
swee mews, and gave them to Sarah German. They went away
•c4e,her, and whilst they were in witneat's sight prisoner never
touc'ed her.. If prosecutrix had called out, or r.quired st:iistance,
at tire t,me, she might have got it. Witness has never spoken in
his life o the prisoner.
Another w tness deposed to the rime awe
Mr. 3IER EWETHER replied.
Mr. Justice GASELEE then summed up the evidence wick pest
accuracy a, d imps tiality, and informed die Jury, that Willey be..
fev d the prosecutrix was a consenting par.y, or that the prisone r
na. as incapable from the effects of i.quor as had been described,
they ought to acquit him.
The deliberated several holm), asst the I intimated that they
were not likely to agree. The Foreman said, in his conscience he
'inhered the pri-es er was guilty, but his brother Jurors oboe&
a he wise.

Mr. Jo- dee GASELEE—I cannot take the verdict of eleven of
you ; you must retire and deliberate until you agree.
The Jury then withdrew, and shortly rentrned *Pith a verdict of
Guilty. Sentenee not passed.
Thomas Hassell. James Parry, James Lantarryll,Johy Rubio-
S(»I, and Wm. Prim:oat, were indicted for assaulting John Hot.
ditch. aatl pas-ing without paying the toll, at Swnebogse Bridge,
near Devon art.
John Ilolditcis atated that he wait a toll-keeper, and had the e2l/1/
of the toll-gate at Stonthause Bridge, near Devonpott, and that
a tout midnight, on the night of the 13-1 i of October, he obeervad a
number of persons coining towards the gate, and singing a chortu
to the words, "We pario s live a jolly life." Russell was us his
shia-tleeves, and said, as he approached the gale, " Follow me,
boys ; laball find a way for you. Witness observing some of the
party passing the cosch•gate, came from his office, and demanded
the toll; upon which he was immediately knocked down. Whilst
witness was down, Russell said, " Serve him out, the imposing
villain." Lamacraft then came up, and said " Don't paT him 4
:hey have no right here ; they are nothing better than highway
robbers, that rah the public to pay their mortgages." Wi'ness
made answer to this, " You had better go home, and make your
lather pay the Ram the money he rubbed from the club." Miss
Lainacraft, the sister, then said, addressing Lan:neat, " James,
don't stand that ; get in, and hit at him." Lamacraft then at-
tempted to strike witness, but was prevented by the gate. He
asked for a stick to strike at witness, but could not procure it. Hie
sister then said, " Throw dust in his eyes:" and Lamacraft took
up his hands full of gravel, and threw it at witness, saying " I
shall blind you, if I can." IVitness then retire) into his box, and
Russell and Lamacraft attempted to strike him over the door, and
struck witness several- severe blows in the face and head. Robin-
son, who is a marine, then came up, and said to the party, " That
is right ; I am the first who would help you to break down the
gate." Russell, Lamacraft, and Parry, finally passed through
without paying the toil.
Cross-examined—Witness woe found guilty of an assault upon
Lamacraft and Parry, two of the present defendants, at the last
Quarter Sessions. Lamacraft did not strike witness until after
va ness said, `• Go home, and pay what your father robbed fro n
tbe poor." The present defendants, Itobit am and Russel', were
ai n sses at the Sessions against witness. Witness had a swots',
but did not produce it until he haul been attacked.
Several other witnessm were called in support of the prosecu-
tion ; amongst others, the prosecutor's sister, a young lady, dressed
in a very fashionable style, whose rearllness and self-possession ex-
cited considerable merriment. She stated that she was at the toll-
gate when her bother was assaulted. The defendant's party
wanted to pass xi.hout paying the toll. Her brother was knoclCed
down by than.

Cromi-citAtitined by :%Ir. BinD-31ilt HoWitch, did yeu see M.
Thomas Kumla (the defendant) on that night !—Witness. Yea,
did ace Ton RUMCII.

Counsel—Well, let it be Tom, if you please. You know Wm ?
—Witness (eonteruptu;rusly;. Yes, Toni Russell is not a Mao
k :own. _ _

_
Counsel—Why did you not cone up nt the Sen.iorte, *hen
your brother was tried, Miss Hold itch ?-141 nets. &cause I did
not choose, Sir. (Laughter.)
Counsel—Were you al zed to come P—Witnrss. I shan't an.
ewer you, Sir.
[The Court here interfered, and informed the slime's she must
answor the Counsel.)
Mr. Lana resumed his crow-examination—Then.' *as a rc.
latim of your's they:, that night, Miss Holdith ?—Witness.
There was,

Mr. Mao—What was his situation P—Witness (with grea, dig.
nitv). The situation of a gentleman, to be sure, Sir.
Was he chunk ?—No, he was not drunk. Ile was in our hoax,
and had only taken one glass of grog.
Counsel—Now, Mica llo'ditch, did not you say to a female
friend, that the dock-yar.l men were poor, but that you wanted to
grt some mom y out of harnaeraft's pocket.
Witness (with a look expre-sive of the utmost disdain)—Me
avant to get money out of Lainaeratt ! (Laughter.)
Counsel—l ask you, did you say so P—No, Sir, I did not ; that
would be a little too good.
Mr. Brno—Now, bliss II olditch, is It usual for you to attend
at the give ?—Perhaps it is of a ball night, Sir.
Mr. BlRD—Then, perhaps, you were ut the ball ?.—No, Sir, 1
was not.
Sir. ItinD—Do you often stay up so late as until two or t/tree
o'clock ?-1 sta up whinl please, and as long as I please and
I can't see whit difference that is to you, Str. (Laughter, in
which the Court and Counsel joined.)
Several witnesses were called fur the defendants, and contra.
dicted the evidence for the prosecution in many important particu-
lars. They gated that the prosecutor was exceedingly violent from
the time the party appeared at the toll-gate. Before he was as.
smutted, he called the detendants robbers, and said they wanted to
rob him of the toll, and that Ito would not let one of them pass.
It also appeared, that the defendants were returning from a mu-
sical society, called " The Harmonies," when the quarrel tic.
curred, and that the prosecutor had preciously quarrzlled with
some of them.
After deliberating for a few minutes, the Jury acquitted all the
defendants.
THE ICING, AT Tit F. PROSEVVTION OF DERRY DOLE.
AGAINST W.STI'DDY.

This was an indictment preferred by Mr. hole, a gentleman re.
siding at Newton Bushel, against Mr. Studdy, a Lieutenant in
the navy, for a provocation to B,ht a duel.
It appeared that the prosecutor thought It expedient to serve the
defendant with a written notice, warning him not to trespass on his
grounds in starch of game. The defendant conceiving that this
proceeding was intended as an insult towards him, took an oppor.
with. of meeting Mr. Hole, and saymg, •' that he required per.
senalsatisfactirn, and genti,ma,/ly satisfaction ton." 31r. Hole
asked defendant to explain him,elf, and defendant's reply was, " I
shall not be put off in this way ; I am a Lieutenant it, his 31ajes.
ty's Navy. and must have satisfaction."
The defendant was found (Jolty, but the prosecutor.* eminsel
intimated that their client had no desire to press for any sentence
against the defendant. He had instituted the prosecution on
pu3bllirc. gr.Fuo's)tniedestaxTt.enstx thought it his duty not to let a ;a.e
of thij kind pass without sentencing the defendant to some punish.

r

tent. lie therefore sentenced the defendant to pay a fine of 204
and to emu' into securities to keep the peace.

_
CIVIL BIDE.
[Berme LITTLEDALEI
IHE MHO D. THE IN'HAEiTA,TTS 01* THE HUNDRED OF

NORTVERN CIRCUIT.

IKN owrox.
This was a presentment by the 11 on. Newton Fellnwes. a Mn.
..,strafe of the county of Des on, against the inhabitants of the hun-
dtc4l of Knowton, for neglecting to keep In repair a certain mad,
leading trawl ('hudieigli to ilampton. In respect to one part of the
charge. defendants pleaded guilty, but they alleged that they were
not hound to keep a part of the road in reptir, becalms that road
was not a highway. On this point the parties took issue, and the
Court was occupied br several hours in the examination of dom-
ineers and parole ecidence bearing upon the quevion, whether a
e•nain min of the road referred to was a highway or not. A verdict
was found for the defendants.

•
DURHAM, JULY 24.
The commbision was opened in this city on Saturday last. On
Vat der Mr. Justice Park and Mr. Baron Bullock arrived, and
proeenied to Durham Code, the /residence of the Bishop, where
they are entertained during the Assizea. The new Bishop, Dr.
Van Milder:, made his first entrance Into Durham en the preced-
tog }Mays The business here is likely to br very inconsitlerable.
There are only eleveti prisonera in the calendar, and the greater
taN of them have been tried today. None of their cases possessed
the slightest interest. There are eighteen mums entered for trial
on the civil side. Several of these have been disposed of to-day.
The cauae subjoined is the only one worth noticing.
CIVIL SIDE.
TINEMOUTit V. TAYLOR.
In this case the plaintiff (who sued in jernia pauperism and on
the wed appeared as his own advocate) sought to recover from the
defendant, who is the surviving partner in the brewing company of
Elston and Co. a compensation for false measure, which be alleged
had been made by the defendant in the quantity of gallons in the
barrels of ale with which the defendant bud supplscd him for a
long period, between the years 1808 and 1819. The plaintiff first
brought his action in Iltei, and was nonauitcd at the trial at the
Durham ASSi7en of that year.
As soon as the cause was called on,
Mr. Tinemouth, the plaintiff, addressed the Court, and made
tome observations on the mode in which Juries were got together.
His attention, he paid, had been drawn to the subject by noticing
on a former occasion the partner of the defendant in a cause, and
tour or five of his friend. sworn as Jurymen to try the cause. • Fur
his own part he only wished for Jurors of understanding and in-
tegr Mrs Baron
Baron II u e ern am afraid I can't nodertake for both
those muddies. (A laugh.)
The .Tory then to the box were sworn to try the cause.
Mr. Tinemouth then commenced his address. Ile confessed that
when he contemplated the difficulties which his adverse fate had
compelled him to encounter, his heart failed him for the result.
on the other side, great legal talent was opposed to him, whilst he,
having been plunged into gaol by the defendants, to whom he,
never owed a earthing, was unable to employ Counsel, and had no
:emanative but to light the battle as well as he could. Since the
last Amine', when this cause ought by right to have been tried, he
thought it right to inlet m his Lordship that numerous publications
had been issued to injure him (the plaintiff ;' and one in particular
that had occurred in the Durham Chronicle, was calculated to
route his indignation. This made it necessary for hint to detail to
the eury the several trials in which lie had been engaged, and to '
pittehem in possession of the facts which hail led to the present
anal. (Mr. Tinemouth here unfolded a huge brief, which he was
about to read)—
Mr. Baron Ilueeocx—What, are you going to give us all that?
(.t laugh.)
Mr. Tinemouth—Now, my Lord, let me have fair play. What-
ern the Court had hitherto done, he hoped it would now let him
have law and evenhanded justice. The defendant was the sortie.
ing partner of the firth of Elation and Co., brewers at Bishop.
Wearinotele Ile (the plaintiff) had dealt with that firm, and
from the year 1306 to 11119, had purchased from it NJ half barrels
se ale. In 11119 lie had discovered, that the casks used by the de-
fendant were deficient in measure, and that the deficiency amounted
to the proportion of two gallons in a three-quarter barrel cask. On
tiro 28th June, 1819, fleeting his suspicions strengthened by other
circumstances, he had applied for information tea person of the name
of John Spedding,who had lived many years with the defendant sa
cooper, and who, the Jury might have heard, had cut a curious
figure in his examination on the former trials. lie begged the
Jury to consider, that the variation which had appeared in that
man's statement at different trials could only be attributed to a de-
sire to save his master from disgrace. On consulting Spedding,
the latter had assured him that the defendant was in the habit of
receiving porter from London in order to mix with his own, and
:hat when the London casks had run off they had been delivered to
nun (ipeddMg) by the late partner, with orders to reduce them
from eighteen gallons to sixteen. This statement hsd been since
frequently repeated ; and in October, 1821, after lie (the plaintiff )
had been sent to prison, and before he commenced an action
against the defendant, Spedding had made the saute statement to
another person. in a letter which would that day be produced
before them. These statements having confirmed his suspicions,
he applied next to Mr. Ilindinarsh, the defendant's agent, and as.
certatned trout him that all the halecasks which he lied received,
except 40, had been deficient in measure. (The plaintiff began to
abuse Hindmarsh here.)
Mr. Baron Hut.eoux.—You had better proceed to your ease.
We have nothing to do with these statements.
Mr. Tinemoutle—Do let me read my brief, my Lord. I have
no 'Heed but myself.
Oh. Baron Hu er.oc se—Are you sure you are a friend to your-
felt !, (A laugh.)
ides Tinemouth proceeded.—Mr. Ilindmarsh liad complained to
hint that by that custom be (Hiptirnarsli) was a great loser. Let
the Jury consider that. They might before have limed of servant*
cheating their masters, but here was a master cheating his
servant At length, in 11121, the attorney for the defendant, a
man well qualihed to forward the malicious titans of his clients,
hal • arrested him (the plaintiff) and thrown him into gaol
where he had remained for six years. That he did not
owe the defendant one penny was proved by the tut that
he had paid other debts since he came to gaol ; . and cer-
minty, if lie bad owed money to defendant, that would have been
the first debt he should have thought of discharging, because by
discharging it he might have been liberated from gaol. The Jury
would perhaps like to hear an explanation of the means by which
be had hecime possessed of money to commence this action. When
he Sunderland bank failed—
Mr. Baron IlreLet g—What has all this to do with the case ?
Aft. Ttninouth then vembled into a description of the manner
in 'Rich his house had been broken into, and the very bed on
which his wife was lying taken away—when he was spin stopped.
Mr. Tlnere.outh—le there is any matter in this brief unpleasant
to your Lordship, I will strike it out. In 1822 he had commenced
action similar to the present against the defendant, but the de-
teneent, by a masterly stroke of skill, had nonauited him. The
defendant had pleaded the Statute of Limhationa, a plea which he
uuderonnel an honest man never made use of. (A laugh.) The
great otee ct of the defendant was to keep him in gaol all his life.
Ile itine erne to the prosecution which be had instituted against
II in &mirth for perjury—
Mr. Bacon Hu Lem:le—Well, leave that out; it has neteing to
do whh this must
Mt. Tineniorith—Men of reasoning faculties, Gentlemen. would
have supposed that this would hive terminated all proceedings ;
hut, Gentlemen, whet will you say of the malice of this de-
fendint,erhen I tell you that Spelding—the cooper of niue-
teen years' randing—the man whom I have before mentioned,
and trh s had confessed to me that he had 1-ssened the maks—
lehat will you say when you Mew, that, at the last trial,
this original (A laugh) came into ('ours, used swore
that, during the 19 years that he was in the service of tee defem
dent; he never acted as cooper or reduced a cask. If after such
sweating he could shew that Spedding had acted as cooper, that
proof alone ought t 3 give him their verdict. (Mr. Tineineutt: here
rCteitd into a vet y eloquent denunciation of perjury.)
Mr. Baron II u LLOCK—Come, now, go on to your witnesses.
Mr. Tie I:mourn—Shack the first trial many of my witnesses
have been held back, ant my enmities base succeeded In keeping
away tine witness wenn 1 expected at this Assize. Now, (Senate
men, )hti well know that where one link is wanting, the chain
is
imperfect. ,
Miellaron Hut.t.ocx,LYes, you need not tell the Jury that.
( A tette.)
Ili f rettelor Trt—l will now come to the point. (Laughter.)
Gentlemen, at the Ist Asaiees, the trial was put off by anklet`
Court, which was dated on a Senday (a tine specimen of korona
setipeon), and what is more, Mr. Justice Bayley wok due Vele st
(elide from me, melee a solemn pledge to return it, which Me.
Just‘.r. Bayley has not yet done. (Laughter.) 11-icing now swat
his ease as well as his Lordship wwwidi allow him, but not en wags
he could have wished to do, he lilt it in their hands, reminding
them that they would base Inntswer for their verdict to the
Supreme Judge of all, so wham wit only they hut his Lordship was
accountable.
The above is hut an Imperfect outline of the plaintiff's speech,
welch at times became almost Leo eloquent and sublime to be easily
underwent,.
Mr. Tinemouth then called the following witnesses.
J tones Spedding stated, that in 1799 tic had first gone into the
service of thedefendantand his then partner. Witness was a cooper,
sad was employed to repair the casks and keep theni clean. His
son Was bound apprentice to him, as a cooper, when he was there.
In lelffe and 180 ameny casks of porter arrived from London. Wit-
Fiesa never guag them. Five or mx barrel* were reduced in size.
Teat was all. No half barrels were reduced, to the boat of wit.
recollection: The Mill barrels at that time held seventeen
Relines The standard measure of the banal WAS thirty-teo gsl-
low . Witness left the employ of the defendant in 1897 or 18011.
Tliftmas Call sworn—Knew the coopers' trade. Iliol lived in the
sort .Ce.of the defendant its resolve for three years and a half. Ile
left about fourteen years ago. Had received orders, from Mr.
Hindenarch, the agent, to make tame casks. Made a few half
Lionel's, which held neventeen gallons. Witness reduced a few in
size front eighteen to severeeen gallons. Speckling, the lastwit-
`knew of it.
William Ilindmarsb sworn—Recollected that the plaintiff had
been !emptied with ale by the firm to which the defendant beemeed
from the year 180 e to 1811. During that time the plaintiff was
supplied with eighty-eiree diree.quarter gallon casks anti sixty-six
halt gallon caeks. The paper shown to moons was stetted by him.
Os the 211th June, 1819, the plaintiff had had six half toirrele.
The paper Which witness bail acknowledged to be its bit heed.

writing was then put in and read. it was an account between plain-
tiff and defendant up to 11119, and was marked " settled."
nindmarsh cross-examined—The general size of the half-barrel
casks was from seventeen to eighteen gallons. The plaintiff, at the
time he dealt with defendant's hone', kept n public-house under
the tirm. Tire rent witnewi believed to be 181. a year. Afterwards
the plaintiff removed to another public.house of the rent of V. 40.
Plaintiff never paid any rent.
Re-examined by Nle. Tinemomh—The list-mentioned public-
hmme Lelorged to a Mr. Matthison. In 1020 or 1819, plaintiff ap-
plied to witness, and made complaints of false measure. Witness
said that whatever deficiency plaintiff could show should be made
up to him. Could not recollect whether that was in 1819 or 1820.
3lr. Tineninuth—Come now, say' it was in 11190, and put an end
to it. (Three half-barrel casks were then produced in Court.)
Mr. Ilitalmar4h stated that the ranks bore the marks of the firm ;
but did not know whether they had ever been sent to plaintiff.
Another witness swore that he had examined the casks pro-
duced, and had ascertained that they did not hold more than sixteen

gallons.
Elizabeth 31 iers stated that the casks produced had been brought
from the cellar of the plaintiff by her husband. On her cross-ex-
amination she said, she only knew of the removal from the infor-
mation 01 her husband.
Mr. Tinemouth then read the section of the 43 George 111. e. 2,
which regulates the measure of ale and beer, and fixes the measure
of a barrel of ale at 34 gallons.
This was the plaintiff's ease.
Mr. Vol.T MAN submitted that the plaintiff must be ronsuited.
The defendant had pleaded the Statuto of Limitatiors, and nothing
had been proved within the last six years.
Mr. Baron II t.Lot. x thought that time promise made by Bind.
marsh, to make up for the dehciency, if any were shown, took the
case out of the statute ; but there was another difficulty which the
plaintifFhad not got over, and that was, that it had not been clearly
shown that the plaintiff had ever received casks deficient in quan-
tity. The casks produced had not been proved by legal evidence
to have been In the cellar of the plaintiff:
The objections were abandoned. and
Mr. COLTMAN addressed the Jury for the defendant.
The Learned JUDGE summed up, and the Jury found a verdict
for the deftmdant.

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