The British Press; or, Morning Literary Advertiser.
London, England, 1824-04-21 00:00:00

SHOCKING O(7CURRENCE.

[EXTRACT OF • PRIVATE LETTER.]
CAMBRIDGE, APRIL 19.
On Saturday evening, the 10th inst. as Henry Linsdell, of Hal-
sham, in this county, was returning through Great Shelford, in his,
way home, he stopped at the Prince Regent public-house to have
sonic beer : the landlord seeing he wan in a state of Intoxication,
refused letting him have any ; but he demanded it as he was on his
travels, and the house not being shut; it was then about ten mi-
nute% past ten o'slock the landlord drew him a pint, but would not
let him into the house. However, Linsdell seeing a person whom
he knew, pushed In, and gave the person some of the beer he had
in the pot, anti requested the landlord to take a pint into the yard
to a young man who held the horse. The landlord took the beer
len ordered, and found the young man to be Thomas Whitby.
When the landlord returned he found Linsdell exposing his money,
and behaving in a very disorderly manner. The landlord rs mon.
strated with him, and asked hint if he was not afraid of being
robbed ? Lindsell replied, no ; lie had a black protector--a knife,
which he carried up his sleeve: it was anon as are used in
his profession as a collar-maker, sharp at the point and broad
in the middle. After he had paid for the beer, and put
the money up, 'Whitby Caine into the house, and said, " Come,
master, Ict'a ;rat ; 1 will not hold the horse any longer;" and set
the pot clown which he had had the beer in. The landlord then led
Linsdell to the yard; saw him get into the Cart. and Whitby lead-
ing the horse. They went towards the Three horse
, sante village, which was Whitby's way home, and the road lead.
' ho„ to llalsriam. Linsdell pulled up and wonted driek, but the
lardliml refused bun, as well as Whitby. They then went on,
Lbastiell making a great noise, and several persons following him.
In c short time the landlord heard the cry of " Murder!" Ile
took a light, although it was moonlight, but not bright, and saw
a young man leading Whitby, who was bleeding profusely; he
I asked what was the matter? Whitby said Limitedl had stabbed
him ; presently after another young man, who is now in the hos-
pital, came bleeding from sounds given hint also by Linsdell. A
!surgeon was procured with all speed, and the young men con-
veyed to the hospital In this town. Linsdell has at the present
es-
c ; a warrant is out against him for cutting and maiming.
O On Saturday, the 17th instant, Whitby died. An inquest was
held at the Bell, in Trumpington.arreet, before Aaron Chevell,
Gent., Coroner for the town of Cambridge, when the Jury rfturned
the following verdict--." That Linsdell was way-laid, and stood in
his own defence." _

Mrs. Adams, an Meth' lady, was burnt to death at her
lodgings in Claresce-row, 'Portland-street, on Sunday evening.
Site was lei sitting h sh•firo reeding, while her niers was Aunt
about a quarter of an hour. The first alarm was occasioned by her
shrieks, and on the servants of the house entering the mom, the
unfortunate old lady was in one blase. The servants wrapped the
heunh-rug about her, but her clothing was reduced to tinder. She
diid at Monday morning, aged 7n.
EX P 1.081 ONOP FIRE-near.—One of those melancholy
accidents occasioned by the explosion of fire-damp, occurred at
the I lid l‘hurch Pit Colliery. near Swansea, on Wednesday last
whereby four men lust their lives, eighteen have been dreadfully
I scorched and lacerated, and four have received compound fractures.
It appears that the colliers received strict orders from the agent not
to approach a certain part of the pit; but disregarding these Li-
junctions, the fatal result etas as above described.

SANG N tun Or T RAG X.— 011 Saturday last the follow-
ing sanguinary stack was made upon Mr. Edward Gardiner. an
opulent builder, :n Elm Tree-mail, Lissomgrure, which. it is
feine:t will terminate his CCistellre:--11r. Gardiner and one of his
workmen. named Jenkins, were quarrelling, respecting sonar work
the latter had neglected to pertorru, and words growing so high
Mr. It. struck kiln a alight blow; at this time thee were standing
the Grove ; Jenicina instantly ran Annie, and armed himself with'
a gun that was 'muted with small shot, and returned towards the
spot where he had left his master standing; and when lie rouhtd
him within about 15 feet, he levelled the piece at Mr. (t. and this.
charged it, the contents lodging in his breast and lace. The tinter.
donate man instantly fell to the ground, and was raised by some
who carne to his assistar.ce, by whom lie was convert
pawns m
e 7 and surgical aid was instantly procured fur him. ./enkuts,
as soon as he had carried his design into execution, forthwith re.
paired to the Policemlffee. and procured an assault warrant against
his master for the blow he struck him. The warrant was placed in
the hands of an officer, and made returnable on 3londay, when
Jenkins was in attendance to prefer his complaint. On the officer
going to the house of 31r. Gardiner to execute the warrant, he found
itnfortutiatc man in bed, almost breathing his last, and his
physicians and family around him. The particulars of the trans.
action were told the officer, who returned to the police office (where
Jenkins was in waiting anxious for the arrival of his nissteti, anti
communicated the case to the .Magistrate. who directly onlered
Jenkins into custody, and he was committed to the New Prison,
llerkenwell, till (he fate of Ale. Gardiner is known. On inquiry
at his house yesterday little hopes are entertained of his recovery ;
bas
eperforated his breast.

LAW INTRLLIGENCE.

COURT OF KING'S BENCH, TrEsimr, Arm 20.

SlRive of Guildhall, Warr The LORD CHIEF JUSTICE crud a
Special Aryl.
FELLOWF.S AND ANOTIIRR r. ROBINSON.
This action was brought to recover from the defendant the sum
of *AIL, for goods obtained by a person named Gillingham, upon
the representation of the defendant.
The platatifrs declaration alleged, that he. being anxious to
know whether Gillingham was in solvent circumstances, sent his
agent, named Benalssw. to ascertain from the defendant whether
this Gillingham was trustworthy. The defendant knowing this,
and knowing that Gillingham was in bad and insolvent eircum.
'tansies, did fraudulently, intending to deceive the plaintiff, declare
that he (Gillingham) was in solvent circumstances, and that he
had a good opinion of him. There wire other counts, varying the
form in which the defendant was alleged to have represenied Gil.
liegham as trustworthy.
The evidence was similar to that iziven in a cause where the aerie
party was defendant. It was tried on Thursday last.
, The witnessirs proved that I: illingllatu was not at the time soli-
vent ; that the defendant required stenrity for his debts from him ;
that he subsequently recommended him to the plaintin as a mist.
worthy person ; and that he had declared. in Mr. Fellowes's
counting-house, in the presence of one of the witnesses, that " he
could do no otherwise, as his tongue was tied, on account of tie
money Gillingham owed hint hut that he afterwards gave a fair
, representation of him to another house."
Iklr. Se Alley:Tr, for the defence, stated, that although he had
the honour of addressing the same gentlemen who had on Thursday
last decided in favour of the pl:.inutl's claim in an action similar to
the present, and an far sup forted by pretty nearly the same testi-
mony, yet he felt quite satisfied they wind(' come to the investiga-
tion of this case with minds unprejudiced from any circumstances
that had formerly been brought under their consideration. Ile was
quite sure they would not lend s tun willing audience to suspicion.
Suspicion was always a just ground for inquiry--a very erroneous
ground for decision. Yet there were many minds as amen tired,
that the very statement of the allegation contained in the declara-
tion wculd in itself carry to that mind sufficient conviction, and ren-
der it impervious to further light and dead to further investigation.
This was a most dangerous error. The Jury would recollect that
the whole ease of the plaintiff was founded on &conversation alleged
Ito have taken place with Renshaw. Now the present action was of
modern origtn. By the statute of frauds, had the defendant said—
" I know this person is an honest man—let him have Raids to the
amount of Serell. and if he does not pay you I will." By that most
wise and provident and jealous statute. the defendant would not he
liable unless that conversation was taken down in writing. Then
he contended, that by comparative renerming—hy analogy—the
same spirit should petvaille over law, and protect the enbject from
the tionsequences of this modern anion. Ile had said this action
was of modern growth, Ile could almost venture to say that he was
old enough to remember the tine—
The LORD CHILE JUSTICE—We are both old enough. I be-
lieve, 31r. Millen., to recollect it. The first cease was that of
Paisley and Freeman.
MT. SCARLETT—That was the first Me, and the Judges, some
of then' at least, then thought that this was butt a pretext to evade
the statute of fraud's, by bringing the action in another form. It
was hard that a man's property should be made to depend upon a
mere conversation. Ile .should call witnesses before Rion who
would contradict, in its mein parts. the story of the pleimies
wit-
nesses, and he should then establish his title to their verdict.
It was proved in evidence on the part of the defendant, that he
had not, in the hearing of a witness, Thomas Barnes, made use of
the expression attributed to him by the clerk of 31r. Felloweie and
that Lane had given a favourable sharacter of Gillingham.
TheATTORNEY-(IENEHAI. replied.
The LORD CHIEF JUSTICE charged the Jury with much RA-
nutenesa, and after nearly an hour's retirement, they found a vet..
diet for the full claim of the plaintiff's.

GREENWAY AND ANOTHER v. risnEa, BECHER AND
WOODWARD.
__

This was an action of trover, for the recovery of the amount of '
calico—the property of the plaintiffs, and sent to the firm of
Eccles and Company, for sale, from 31ancbester, and pledged by ,
them to Fisher.
Mr. SCARLETI stated the case to the Jury. The question for,
their consideration was whether it was a real and holm fide sale ef-
fected by the house of Eccles and Company; or whether the goods
were not, in point of fact, pledged to the defendant Fisher. The
Jury would hear the evidence, which, in his mind, clearly proved
that the goods had been thus wrongfully pledged.
Henry Eccles, examined by Mr. BROUGHAM, said, I am a
Manchester warehouseman. The plaintiffs dealt with us in 1821
and 1822. In August 182'2 we had some of their goods in band,
and I applied toe person named Becher to purchase them. He said
he could not buy them, as they would nut suit any market of his,
but he knew a friend whose market he thought they would suit ; he
then named him, 31r. Fisher ; he said he would undertake to do it
through his friend, and have the goods consigned, and we should
receive the difference when they were realised.
By the COURT—I mean by the difference, he wan to advance a
certain sum of money against the invoice, and whenpegoods were
sold we were to receive the full price- To this I ; Becher
said the goods must be entered to hint, and not to isher, because
Mr. Fisher would not have any thing to do with consigned goods.
Becher was to arrange this transaction between us and Fisher. We
were to receive the money from Becher. In consequence of this ar-
rangement wedehvered the goods to Woodward. about 2401. worth,
all the plaintiff's goods. They were invoiced to Becher: upon the
first parcel, 200 L was advanced by a clerk from Mr. Fisher, that
was, about two-thira of the price. Becher was credited for 2001.
(In the 4th of October we had sent more goods ; I then went to
Fisher myself, and he said he thought the goods might answer his
market, but he would have no:hing to do with consigned goads,
If they wets our own goods he would have no objection to have
them entered down from ourselves. Ile thereforerefused to take
them unless they were entered clown to Mr. Becher. I apprized
Mr. Fisher they were consigned goods. In consequence of' this
conversation, I again saw Becher, and after seeing him I again de-
livered to Woodward goods to the amount of 2001. ; the invoice
price was 2101. 1 received a check for that amount from 3lr. 11c-
cher, which I knew to be in Fisher's bland-writing. This is the
check—

A check of Mr. Fisher's for 2001. on Alasterman and Co. was
Isere handed to witness.

On the 21st of Novembee..4BlM, goods were also delivered, 150
glieoes invoiced to Becheriefkir ice 1761. 55., and money received
from
a loan fm Mr. Fialior,• Becher ordered us to ;Jut 741. to
his account of the third pareeL They were gent to Woodward, ori-
ginally entered to Fisher. That entry was altered to Becher, be-
cause Mr. Fisher said he would not hare an) thing to do with
consigned goods. On January 10, Ma, was the next transaction:
510 pieces were delivered to Becher, 50 of which did not belong to
the plaintiff: These goods were sent to Woodward, but they came
back again by order of Mr. Becher. They were then sent to
Wright and Suns, pickers. The invoice prices which the goods
were charged at were the fair prices.
Cross.examined by thrioaronwer-Gieiontst. (who, with Mr.
MA RRRR RR T. appeared for Sir. Woodward)-11r. Woodward is a
ciker. He had frequently been employed by the witness. They
frequently received the drawback from IVondwani for goods packed
by iim. The packer, 1 believe, not only packs, but ships the
goods. Slr. Woodward) I know, has done so.
By Mr. LAWES. for Hsher—The money I received from Becher
was placed to Becher's account. I rendered accounts of these four
parcels of goods to the plaintiffs. I did not state who was the pure
chaste. The money I got from Becher we did not pay over to the
plaintiff. We then wanted money, and used it.
Re-examined—Before these transactions we owed money to the
pLintiin.' more than we have paid them since.
Ilayly is clerk to 51r. 11'uodward. In August 1821 they
received goods from Eccles, but on whose account he was unable to
say ; these goods were, by the order of 51r. Becher, packed and
consigned to Leghorn. Mr. Woodward received the drawback on
these goods. On the 4th October they received from Eccles 200
pieces of packed by his order. and shipped on hoard the Cosmo-
polite for Leghorn, and upon that transaction Mr. Woodward re.
ceived the drawback. There was • third transaction on the 21st
November on the same account. They received them on account
of Fisher.

Cross-er.ainiaoi—Ale. Woodward has packed for Becher since
November, 1821. The goods were parked in the ordinary course,
under the sappriaterdenee of a revenue officer; he never knew that
those goods wde not sold in the ordinary way.
The Axxodwi: v-tivwx RA L submitted, that in this case there
was nothing falba Mr. Woodward; be had conducted the business
is the ordinary way.
kleoduairt.ityw apiptsitooded that all 1101100111 who werc parties,
to a wrongful itanverew were liable by law.
His Lotman. tWaght that the course of trade would permit
the excessive, to the galena argument of .Mr. Scarlett.
Oliver Naylor prods ped debentures from the Custom-house, con-
taining the oath of Woodward that the goods were his property.
Mr. BCARLIETT gave this last piece of evidence merely for
the purpose of Taking the point, anelsiving him hereafter an op.
I portimity of tooting to include Mr. AA oodward in the verdict.
Win. Greene was clerk to Mr. Eccles. The witness corroborated
Mr. Eccles's testimony as to the delivery of the goodie. lie knew of
the money being advanced. The account Mr. /kelt" gar of the
advancer, as precisely es he stated.
Mr. Law Ea addressed the Jury for the defendant, Mr. Fisher,
and contended that there won in this ease but tow solitary fact winch
in any degree affected his client, and that was the chteks drawn by
him in favour of Ikeher. This was rot sufficient, however, he con-
ic-44d. to satisfy the jury that these cheeks were given ti r the cum
aiderivion which it was stated on the othcr side. There was no-
thing outside the counts of mercantile dealing in Mr. Fisher's pro-
ceedings. No cnllusio—_no connexion was shewn bawnen these
parties. The plaintiffs tent their goods to London for side; that was
clear on all howls; and however improperly Mr. Eccles might have
acted, it was w.f.& to cliarge the defendant, Mr. Fisher, with the
unprincipled conduct ofitlr. Eccles. There was no proof of pledge :
a wale was ituthorista, and a sale made. Under these circumstances
he relimi confidently' upon a verdict for his client.
The LORD 1,...411CF JcnrtcE 'intoned up the evidence. The::
verdict, lie thought, in point of law, twist pass for the defendant
Woodward; sad with respect to the other defendants, their share in
this transaction depended upon the veracity of Eccles. They could
not by law divide dhe verdict ; airy must tind against the defendants
separately for the full amount, in ca.s, the plaintiff was in their
opinion 'raided toa verdict.
'rhe after a few moments' delibrration, returned a verdict
for the defendant Woodward ; and for the plaintiffs against the other
defe idant, damage 6441.

COAL. 31 A ItliEt, APaIL 19.
Ships at Market. ships soOl• Price.
791 New ra,dle - . r.l - . 31s Oil to 425. 91
41 Sunderland . . 371 _ _ &k. l!i1 to 435. lid.
4 scotch Coal . 4 - - 378 bd to Ils. Od.
1 Collo - . I - - Rh 114 to Or. Od.

CHESTER ASSIZES.

MONDAY. APRIL 19.
SENTENCE OF DEATH UPON JOSEPH DALE.

Immediately at the sitting of the Court, .I,lsrph Dak, convicted
of the murder of W. Wood, was supported into the dock by the
govemur of the gaol and his assistants. Dale has been in frequent
convulsions since yesterday morning. and it was not expected by
the medical gentleman who attend' the prisoners in the gaol, that
he would have lived through the past night. The excitement of
I the inhabitants of this City was consequently at its height ; the
health of this convicted murderer was the only subject of conversa-
tion yesterday and last night, and numerous were the inquiries
!made at the Castle, and of all who could give any information upon
'the subject. Indeed, such is the feeling in this place, that hopes of
Dale's death were publicly and generally expressed, originating in
the wish that he should escape the condign punishment which
awaits him. He appeared this morning when brought into the
dock, more dead than alive, and the accommodation of a chair was
necessarily afforded him; he was respectably dressed, and wore •
pair of white cotton gloves, which had a singular appearance. In a
few minutes he was assisted to rise by Mr. Dunstan, the gaoler.
Mr. Justice W•anEx then addressed hint in the following
terms :.

Joseph Dale—At the last Assizes for this county, you were in.
dieted, together with two others, and the indictment charged you
and edam wish casting a stone at the back part of the head of
William Wood, and with having thereby inflicted a mortal wound,
of which he died on the 16th of July. near a place called Whaley,
in this county. Upon your trial, which lasted many hours, such
evidence was adduced as to lead the Jury, after a full statement of
all the circumstances by the Learned Judge, who on that occasion
presided on this bench with cue, to find you guilty of the murder
with which you were charged. Your guilt being so esta-
blished, it became the duty of the Court immediately to pus
upon you sentence of death for the crime of which you had Leen
convicted, but your Learned Counsel objected to the inclicunau
that it had not been clearly stated by what number of stones
the death of the deceased had been effected ; on that objection
the twelve Judges have subsequently agreed that the accusation
was correctly drawn, and therefore over-ruled the objection of the
Learned Gentleman who acted as your Counsel. I think it proper
to state to you, that the Learned Judge who formerly presided with
me in this Court, concurred with me, that the verdict returned by
the Jury, by whom you were found guilty, was the only one at
which, as men of honour and upon their oaths, they could arrive ;
and I have further to inform you, that the Learned Judge who now
Nits beside me, having read over theevidencc given on your trial most
minutely, and given it his most earnest consideration, is also of
opinion, that the Jury could not have come to any other conclusion
than that you were guilty of the crinse with which you were charged.
The time which has elapsed since your trial has, however, given
you much opportunity to look back upon your put life; and, 1
I trust, has been used in preparation for that passage from life to
death which you must so shortly undergo. Doubtless, every facility
has been afforded you on the subject of your eternal welfare ; and
1 hope the wry few hours which you have to live will be devoted
to sincere repentance and earnest prayer and supplication to the
Father of AU Mercies. The senter.ce upon you, Joseph Dale, is,
that you be taken from hence, to the place from whence you came,
SW
thence to the place of executica, on Wednesday next. and
thW your body be afterwards dissected ; and may the Lord have
mercy upon your soul !
The prisoner's appearance, after the sentence, did not undergo
Inv visible alteration, lie was supported out of the dock.
The Court, which is, perhaps, the most noble in the kingdom,
and will hold nearly 1,500 people, was

crowded.

POLICE.

BOW-STREET.
Vestertisy Jam Ciths, the roan in custody for robbing the hot-
house of the Hight Hon. George Canning. was brought up for
another examination, before Mr. HALLS, the sitting Magistrate,
when the following additional evidence was adduct(' against the

James Dark, gardener to the Duke of Newcastle, at Grove
Rouse, Chiswick, said, on the morning of the robbery he met a
than resembling the prisoner, going towards town, and hod some
conversation with him respecting some grapes. Witness finding he
wanted to dispose of them, referred him to Mr. Grange, the fruit-
erer, in Covent-garden, where he afterwards saw the fruit exposed
in his shop. M itness subsequently met Mr. Johnston, the gar-
dener to the Hight Hon. George Canning, who told him that his
master's hot-house had been robbed; he then referred him to the
shop of Mr. Grange, where he identified the grapes. Johnston
was positive, from many circumstances, they were the yroperty of
his master.

More than one person must have been engaged in the plunder,
as the footsteps of three persons were traced some distance.
On Ford, the goaler, bringing the prisoner to the office yesterday
morning firm Tothili-fields prison, he told him where a great
quantity had been left, which the officer went and secured, in a
public house iii Covent-garden.
The prisoner said nothing in his defence, and was fully com-
mitted for trial.