The National Register.
London, England, 1822-08-26 00:00:00

Volta.

BOW STREET.
THE Kiva e. Brioogs.—This case came on for a
final hearing, before Sir Richard Biotic, on Monday last,
and occupied almost the entire morning 'Flit office as
on the former occasions, was crowded almost to suffocs-
two.
Mr. Platt appeared as Counsel for the priinner, and at
his request the whole of tile evidence already taken was
read us er.
Mr. Alley then shortly stated the grounds of his opi-
nion, that the crime charged upon the prisoner amounted
to forgery, and stated that he 11.1 1 Considered the poinit
more 113111114.1 y since the last examination, but he was
still, amd should be it he considered until dootioday, of
toe saute opinion, with respect to the law of the Case.
Mr. Ward a tradesman, residing at No. 5. Clare-
street, Clare-market. depriaeil. that on the day before the
prisoner was to appear upon a summons before Mr. Jus-
tice Best, to produce the check in question, he (Brookes)
called upon witness, and producing a check, with " tt us.
("Lake" tailors d upon the back, as':ed him if that was
Clarke's hand-writing, and he replied in the affirmative.
Brookes said he understood witness was going before the
the Judge, to be examined, and told him to mind What
he said, for, " so help him God," Clarke had r. ceived
the money for which the signature purported to be a
receipt.
A copy of the check, alleged to be forged, was handed
to the witness; he said it was a copy of the one which
Brookes shewed hun, when he asked respecting the
hand-writing. Its cross.examtnation by Mr. Platt, he
said that Clarke called upou him about a fortnight before
his interview with Brookes, and asked him if he could
prove his hand writing, and he said he could, having
known Clarke for so years, and often seen I • vrite.
Mr. Platt said it was imp:rative upon a prosecutor to
produce the very lien evidence that could be found, and
that had not been done in the present instance. A search
ought to have been made for this check, and the other
side had had ample opportunity of doing so. It was not
enough to say that the check had been destroyed—
evidence of that fact ought to oe adduced. The next ob-
jection which presented itself was; as to the nature of the
instrument : and he should contend that it was not such
one as came within the statute. It was not a rikeipt, but
merely a memorandum. The third and last ohjection
was, that the other side ought to have produced the
Banker's Clerk who paid Inc check, in ostler to prove
whether or not it bore the indorsement of Witt. Clarke
on it at the time it was presented; because, if it did,
it would be strung evidence iudeed its favour of the

prisoner.
Sir It. Birnie observed, with respect to the first objec-
tion urged by Mr. Platt, that he was aware there had been
cases, particularly that of die King v. Scott (cited at the
last examination), which had failed on account of the
:ion-production of the original document, but then it
was because the doctimeitt had been destroyed by other
hands than those of the accused.—llere the instrument
was alleged to be destroyed by the prisoner himself, and
the evidence to that point was his own declaration.
Mr. Alley said, he should give notice in the usual
way, to the prisoner, to produce the cheque upon the
trial, and on his failing to do m, the copy which had
been produced would be sufficient evidence. He there-
fore prayed for the full commitment of the prisoner.
Sir R. Birdie ordered the prisoner to be fully committed
to Newgate to take his trial, and the wilness.s are bound
to prosecute. An application to admit huh to bail was
peremptorily refused-
MARLBOROUGH STREET
CAUTION TO LICANSKI3 VICTUAL Mon.
day last a licensed victualler was summoned to appear
before tt.e magistrate (Mr. Roe), charged with infring-
ing upon the act of parliament relative to the licens-
tug system. The act specifically states, that publicans
must not encourage Opting in their houses, %wither
are they to allow distotrbatices, or getting drunk, under
pans of' losing their licence. The complaint was laid
by Frost a constable of St. Georges, but this being the
first offence, the case was dismissed with a severe admo-
nition to the defendant.
MANSION HOUSE.
A boy not 16 years of age, named Ilaskett, was charged
by a Mr. Lovett with has lug iusulted him toe day before
in the streets.
It appeared that the defendant, who is marker at a
billiard table, had got d k at a very early hour in the
day, and after in some degree recovered his senses by
sl,eping about the streets, took it into his head to show
fie ht to the gentlemen who passed by. The complain-
ant, at whose hall door the marker had been s • g for
souse time, having observed tots disposition in him, en-
deavoured to prevail upon bins to leave the neighbour-
hood,
but instead of going, the defendant threw oil his
coat and waistcoat, threw t self into a fighting attitude,
and made several severe blows at Mr. Lovett.
Tile defendant dented he was very drunk. and Com-
plained that the gentleman had used him roughly.
the Lord Mayor regretted that this odious Tom and
Jerry system had tanned the youth of the metropolis ge-
nerally, and that it was not an utitistial thing to see boys,
who ought to be at school, tai a deplorable state of dissi-
pation. His lordship ordered hint to pay a fine of 55.
fur being drunk, and to bud bail for his good behaviour
• Au catrauidtuary child, about teu years of age, of the

name of Edward Turner, who had a roving fancy for a
length of time, was brought before the Lord Mayor,
charged by his mother with having robbed her, and was
from home for several days.
The unto ate child had long since %hewn a hatred
of all contrail, and was in the habit, when tits paredts
corrected him, of atoseetiog himself day aad mots.—
The fields near the Slitphenl and Simla:cakes were 115414
ally the place of his repose, and he generally con rived
to take with hiss. from his father's house a great part of
a loaf, and as much mousy as he could lay his hands
upon. The mother of the child said, that all attempts
to correct his propensity were useless. He had been uut
the other day found by an officer, almost naked, altliu'
when he went out in the wonting lie was dressed au a
very decent manner.
The Lord Mayor thought the only correction that
could beistfii the boy was confinetisent and hard work,
and accordingly com.nitfed hint to prison for a month.
WORSHIP-STREET.
Tae Rey. WEE. EYRE =fiic prisoner was on Thins.
day brought to this office for final examination. A slut
one o'clock, G. R. N11'11.11%111, El. tine of the police rim-
aistraies of Bow-street, arrived, being also a magistrate
fur the county of Buckingham.
Ihe examinanote then took place in the parlour, be-
fore this and two other 'magistrates, S:llllLlCl'rwyfoul and
John Mi ward, Et..cps.
Mr. Willis, as solicitor, appeared on the part of the
parish of St. Luke, and .Mr. Alley, as counsel. attended
with Mr. Harmer's clerk on the part of the prisoner.
Mr. !Hirst hull expressed how set), unpleasant it was
for 1 to appear at this odice. Ibis duties were so
many, and of such reopons.bilily at the office for %%latch
lie was appointed. that he would have gladly declined tire
disagreeable task he had subjected biussetl to opals tile
'acacia occasion. Still, in nulberatice of public justice,
and its due and convenient administration, be compiled
with the reque►t for his attendance here as a Rucking;
namshire magistrate.
The whole of the evidence takeu ou a former day ht-
fore Mr. Twyforil was then read by the clerk, and ail
the w►taesses, except Johanna Quntilair, the little girl,
confirmed the to y they had before given.
The little girl was then exalts:tied de owe. and her
es idence, with some variation t her soren test.
wean to prove the crime alleged a.faiiist the prison.
i.
She cried very much. and seemed very sensible of the
judicious remarks which were made to her, preceding her
taking the oath.
After some oiscussion which took place between Mr.
Walks and Mr. Alley, as to the nature of the offence,
whether it was a capital offence, metier the statute of
Elisabeth, or only a misdemeanour at common law, Mr.
Minshull said. he should request that Mr Willis would
withdraw with the representatives of the parish and de-
liherately consider whether it was their isiteistion to in-
dict for the capital offence or tor the au.silentranour.
They were entailed to indict according to their own
determination, but, as a magistrate, it was RIM to
commit according to his own discretion.
Mr. Wilks then retired with the churchwardens and
overseers of the parish, and smut afterwards returned.
Mr. Nlitisholl.—Have you, sir, consulted with the
persons on whose part you are employed; and alier deli-
berate consideration, have they decided, with your ad.
sice,whether they intend to indict for tine capital offence
or for the misdemeanour
Mr. Wifks.—l have consulted with the churchwar-
dens and overseers, and, concurring with usy advice,
however painful it is to their and my own feelings, the
determination is to indict fur the capital offence.
.Ir. Alley ruse, and expressed his regret that he
should have been applied to professionally upon a 11L111.
ject of this description. lie would rather have given
twenty guineas than have been employed as counsel ott
the present occasion. It was ►rue, that every 111411 was
pres 1111 l ed to be tonticent mail imamd guilty; and there-
fore it was his duty to defend 1115 client. and he must
say, upon his honour. he did not clunk the evidence
bUiliCiellt to
Mr. Mitishull observed, that after hearing the deter-
mination of the parish, with the advice of their solicitor.
so competent to direct this prosecution, that they had
decided to indict for the capital offence. he bad tir•
crew:in as a magistrate but to commit for tt
offence.
Mr. Minshull then proposed it to the cl-oice of the
prisoner, whether he would be committed use county
gaol of Buckingham. or to remain constant& • prison
in Middlesex; and, after consulting w tit Mr. Dyer,
jun.. the prisoner stated his wish to be cominiusd to
New gate.
Mr. Minsholl said, that its case of commitment to
Newgate, he could only commit as a Middlesex m
nuis-
trate, and therefore lie trusted that Mr. *lwyford would
sign the co 11111 l ninon.
Mr. Twyford said, he still reinsined unconvinced of
the legality of his c ttttt initiate to Newgate for an tidence
done tit mother county. to winch his c ttttt ntission
did
not extend, but he would, on titisllCCJllloll. comply. on
account of the practice so long used, and acted ',groat at
the police offices.
The prisoner was then committed to Newgate for

.
CIILLD DROPPING.—A fine chiid, about five years
old. was the other evening found at the cod 14 Fano-
Italia-pas age, Lisle...street, Leicester•square, halfwit been
deserted by its unnatural parent. It had on sit old
shawl, two lilac gingham frocks, calico shirt, two caps,
toe one linen and the other c •lico, and wrapped up in
a square piece of flannel and a blanket. It was a female
multi. aim apparently healthy. Toe day alter the above
child was found, a fine boy about tau y, ars of sge, was
mond iu Qiteen-street, Sono-square, with blue eyes and
light hair, fat and whole. , and with only tour toes
on the right loot. He had Oil a 111,,C 51111Wii lillldiOre,
old spotted dark blue frock, a black tuctiat, a pair
of old slays, a coarse knell blurt, and all Old rof
elather Clots. they IVCIC canted to Si. Ant's%olk•
house, where they 110 W remain utiowtted. and there is
uo clue whatever to whom they below.

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