The National Register.
London, England, 1816-03-25 00:00:00

ASSIZE INTELLIGENCE.

TRIAL OF THE MARGATE MAGISTRITE.

MAl:is-I'one, Mattel' 21.—This case excited su uncommon
degree of interest, from its haring originated in the circum-
stance of a worthy Gehtleinan having been temporarily impri-
soned for placing I self in the laudable situation of soliciting
charitable euntributiens in aid of a bemuse Institution.
The case was tried by a Special Juiry, of which only two at-
tended. It was an action by George li. Rubies, the aurtineer,
of London, against Mr. Iloys, a Alagisti ate of this county, for
take imprisonment, on the Ist of October last, at Margate.
Mr. Scrjeant Rcat, for the plaintiff, stated, it was not unknown
to the Jury, that at Margate, In this county, there existed a
Most eNeellent Cliarit, the Scl Bathing Infirmary ; and it bad
often happened that learned tool pa3ll3Cler4;yinen had lout the
aid of their eloquence fur the support of its fluids, 1):, grAtal-
tons Charity Sermons; and it had been es:mm(ll that the Hey.
Vicar of Margate would bane granted it the sfznie mipport.
Why that stipple t was refused, it woold he for that Itevetend
Gentleinan to explain; but certain it was, that he raused the
use of his pulpit for a Charity Sermon to aid the funds of the
Charity. The plaintiff, a Governor oldie Infirmary, with other
Goveraors, thought, and jtistiy thonzlit, that they were well
warrants il in supplying the deficiency, though in this they were
thwarted by the some malignant influence. They determined
that they would make a collection near the Clinrcli.yard gates ;
mid that, though they were refused the alit of a Charity ser-
mon, they stolid apply to the Christian charity of those who
came from Divine Service. 'mr iljenslant, a Magistrate of
the county, Immediately caused placardu to be stuck up in the
town, that persons so artiorr, would be taken up ;is vagabonds;
and that it they repeated the offence, they would be liable to
transportation from this coma, y for the space of seven years.
They were not, however, deterred horn this work of charity
by the threats of the Magistrate; lint, on Smithy, the Ist of
October last, took their stations near the t:tittreh.gates, and
collected from the congregation comitig out of Church, for the
benefit of tit- Infirmary. Soon after, the defendant came flout
ithin the Chat ch, and Went up to 31r. Robins ; he asked him
what he was doing, and said he was a vagrant. Ile forthwith
Called two eon:tat/ICS, who took hint into custody; and for this
offence he held him in custody until he gave security to appear
at the nest Dover Sessions to answer a charge of vagrancy.
The notice of Fe:ion was then put in proved.
Mr. Shipden, an attorney at Dover, produced the recogni-
zance returned to the Dover Sessions.

Thomas John Taylor, a gentleman of fortune resident at
Margate stated. that, on the Ist of October last year, himself
and other Governors of the Sea Bathing, Infirmary, resolved to
solicit the usual charitable donations at the Curch-gates. Ac-
cordingly, on that day, four gentlemen, Mr. Robins, Mr. Wood-
thorpe, Mr. Dyson, and another, held the plates at the Church-
yard gates: he saw Mr. Boys come up to Mr. Robins, and
order him to be taken into custody. He was taken to Mr.
Boys's, the attorney, in Hawley-square: but what was done
there he could not say, as he was not admitted. There WAS
nothing like noise or tumult : but the people pas..,,d
along ; and the plates were not presented in tic o.mal way,
but people were rather forced to torn out of their nay to give
their donations.

Air. Edw. Wright, a gentleman residing in Verularn•build-
ingr, Gray's tin, proved there nits not the least noise or dis-
turbance.

Some witnesses were then called to show that there was n•
clistiirbance.

Mr. Justice Bayley skid, what Mr. Robins had done was a
legal art ; and if other persons had made a disturbanee, thee,
and not he, were to be punished for it, unless they could
spew he was a party to it.
This produced a short conference hetwcen the, counsel in
the cause; wheu Mr. Gurney made a short apology to the
Jury fur his client, stating that he was mistaken in what ho
had done, and that it was agreed that they should find a verdict
for the plaintiff. with 501. damage's.
Mr. Serjeaut Best, said, he consented to this; and Mr. Ro
bins, who was in court, decl.•sred it was not his intention to
pocket the damages, but that he would give the wineic to the
Infirmary.
TRI4L OF A CUSTOM-110USF. OFFICER.

Thomas Thumial was indicted fur the wiitid murder of Tho-
mas Moore, on the 9th of Auvist last. This case was one of
cousiderahle importance, it being that which our readers may
recollect was, during the last Michaelmas Tenn, removed by
ertiorari, from within the liberties of the city of Rochester,
where the utlence was committed, to the Court of King's
Bench. _

John Bridge, the first witness on the part of the prosecution,
deposed that he was a eustom-house officer. The mil of Aug.
last he was stationed on the larboard-side atilt. quarter deck of
the Achille, then off Chatham. The prisoner was in the main
chains aft. lie saw hint present his piece, met lire it int, when
he inquired if the man %AS dead? Some person replied, ye-.
Witness nem up to the prisoner, and sa;d,"yon villain, are
you nut ashamed to have shot the man, perhaps he has left a
s its and family r" To which the prisoner replied," chat's his
family to me—it'hc bad been my own father, I should have shot
him.'"f he boat of the deceased wits about twenty yards from
the ship—witness had Naked on deck fur nearly twenty mi-
nutes before the prisoner tit-ed. Did not hem• him receive
elders to fire—did not hear the prisoner speak to the deceased,
nor was there any not or bustle in the ship at the time.
During the eruss•ecumination of this witness by Mr. Scricant
Best, he received the acterest rebukes Item the court and
counsel, for the obstinacy, ley ity, and incousisteacy he frequently •
betrayed.

Wi!liani Naylor deposed, that hi' was a waterman at Chatham.
On the oth ofAutitist last, he seas, in 11:s boat, near the .ld,ll'o
man of war, when hue saw the prisoner stationed in the main
chains of the ship. Witness also saw the deceased, Thomas
kloore, in his boat. Saw the prisoner level his mn.ket, and
tire it off. lie had previously heard the prisoner say. lie would
John Cooke corroborated the above.
Several sy iniesses were examined, whose testimonies went Sr)
prove that no orders were riven to lire by the proper officer ;
and that it wa4 etintrar:. to the established citation to tire with
hall, except for the purpose of bringing ve-sels to.
The evideiree for the innovation being cloned, the prisoner
was called upon for his defence, when be stated, that lie 11,4
!wen eleven years on hoard the Achiile, in the SCl's ire or his
king and country ; that he had fought iii the nirmoraide battle
ofTraralgar, and ever s• tidied to obey his ott:cers, and to
I..rin his duty. lie was a total stranger at liatliatit, ano
not be supposed to entertain malice towards the deceased,
thiltint, with others, he had frequently warned ta keep oti intuit
the ship, hot to lie purpose. !laving ball, he etmeeived that
case •
emergency he was to have used them, and in the pre-
sent instance had been thus itilluent•ed. Under all the cut emit-
stances of the case, he threw hint/telt upon the mercy of the •
Cunt t, and the well-known justice of Lis count.).