The National Register.
London, England, 1821-06-18 00:00:00

THE DISFENCE.

West, on being called upon, declared he was innocent.
Beere made a similar cleclaration,a nil they both explained
some circumstances stated in evidekee.—The two Hi-
cbardsons and Williams contented themselves with a
general declaration of innocence. Webster said he was
at home, sitting up with his father its law, who died on
the night of the aflair at Herne Bay.
A number of respectable persons positively contra.
dicted the evidence of the approvers, and the prisoners
received very good characters.
Mr. Justice Bayley commenced summing up the evi-
dence at a quarter before seven o'clock, and fininished
at half-past nine o'clock. The learned judge, in con-
clusion, said, with great feeling..." Gentlemen, we have
now arrived nearly at the conclusion of this most mo-
mentous case, and I have endeavoured to the best of toy
ability to lay the facts before you in the clearest manner.
It has seldom been my task to preside upon a trial of
higher importance than the present; important, both as
it regards to the interests of the public and the welfare
of the prisoners at the bar. Its your consideration of the
case you will remember. that according to the testimony
of unimpeachable witnesses, a very wicked outrage has
been committed, and a gentleman who was in the exer-
cise of a duty which he was bound to perform, has come
to his death by a lawless band; but, oil the other band,
you will also recollect, that the lives of the six men at
the bar are at stake upon your verdict, and unless you
shall be of opinion that the evidence is so clear as to
produce in your minds a certain conviction of their guilt,
you will give them he full benefits of your doubts, and
return a verdict of acquittal. With reference to this
pat of the case, 1 cannot too strongly call to your fecal.
section the extraordinary good character the prisoners
have received. Character, however, gentlemen. ought
not to weigh against facts; if you are satisfied with the
evidence that has been adduced. you are bound in justice
to the public, and by your own oaths, to pronounce a
verdict of Quilt; if you are not perfectly satisfied, then
you will take aracter into your consideration, and let
it operate powttfully in favour of the prisoners. (his.

THE•.

denten, 1 will now hare the case in your hands, con-
vinced that you will come to a dispassionate conclusion,
and that you will do your duty both to the prisoners and
to your country."
A pause of some minutes ensued after the learned
judge had concluded his admirable charge, and the jury
theft retired, and were absent about 20 minutes. NV hen
they returned into court the most breathless, anxiety was
manifested by the audience, and when the verdict of
not guilty was pronounced, a murmur of applause ran
through the court, but was instantly checked. West
exclaimed, with tears in his eyes, " NI), lord, and gen-
tlemen, 1 thank you from the bottom of my heart! '—
The other prisoners bowed gratefully, hut did nut speak.
Mr. Justice Bayley.—'t Prisoners, listen to me fur one
moment. You have had a most considerate and humane
jury, and do not, I entreat you, let your acquittal be
regarded as a matter of triumph by you, or your connec-
tints.. 1 hope you will carry back to your own county
this suggestion, that the traffic in which persons there
arc engaged, is a most dangerous and wicked one, and
that justice must overtake them if they persist in it.—
In the case of to-day it has been proved, that one
man has unfortunately been deprived of life, in conse-
quence of it, and 1 hope what has occurred will make a
proper impression on your minds, and on the miods of
others. You have this day hail a striking proof of the
powerful advantage of good character hi the hour of dan-
ger. Go home to your wives and families, and endeavour
by future conduct still to maintain the character that has
beets given you here this day.
The address of the learned judge seemed to make a
strong impression oat the prisoners.
Oat NVednesday, Eliza Ghat», a young woman of
...try interesting appearance, was canally indicted ffir
stealing a shawl, value 31. and a scarf, value 11. the pro-
perty of T. Reece and partner, in their dwelling-house.
Mr. Reece stated, that he is a linen draper in Shore-
ditch, and on the Igh of Alail last the prisoner cattle to
his shop, and rerse•ted first to look at statue shawls,
which were handed to her, and she afterwards begged to
look at some scarfs. After agreeing for the price of one
of them, site desired him to spew her some muslin, and
while he was getting this article fur her, he saw her
place her pocket handkerchief over one of the shawls
and a *earl, so as to cover them both, and then pull them
off the counter into her lap. She afterwards desired him
to let his young man accompany her home to Fleet-street
with the chimes she had purchased, and her acto, with
whom she lived, would pay for them. He thought she
might have taken the shawl and scarf from the counter
by accident, and lie thelefore permitted her to leave the
shoo, and watched her, but when she had gone a few
yards, he ailW her open her handkerchief and look at the
contents. Ile was then convinced of her intention to
steal them, and he hallowed and secured her. She coo-
leased her guilt without any hesitation, and implored for
mercy,
Mrs. Farebrother, a respectable looking woman, re-
siding at Chelsea, stated, that she had known the pri-
soner several years, and up to a few weeks since, when
she bad left her mother, she had borne the most irre-
proachable character. Her mother was ($4 years of age,
and very infirm, and the prisoner lied supported her (by
her own industry) for a long time past.
'rite prisoner was in tears during the whole of the
trial, and dial not attempt to make any defence.
The jury found her Guilty—Death; but strongly re-
commended her to mercy, in which rtcommentlation
they were earnestly joined by the prosecutor.
Richard Luck and John Quittenden were capitally
indicted for stealing a gelding and a mare, the property
of James Taylor, a farmer, at Ilighthain, in Kent.
On the evening of the 18th tilt. ThoutasCroucher, one
of his servants, turned four horses into a field. That
same afierimoto Comelier had seen two strangers loitering
near the field. The hillowing morning two of the tour
horses were mimed, and a part of the letice destroyed.
He learnt." they were only a few miles before hint.—
bout four o'clock the pit:otters were sect' in Norton
lialgate, with the animals, by a matt, who suspected that
they had stolen them, and gave inloonation to the Wor-
slit p-streei officers. 'foe latter traced them to the Bast na-
house, in Kingsland-road, where they met ijoitteitilen
coining out of the parlour; and one of them Said to inan,
"you brought two horses to town this running." He
replied, "No; it was the mats in the parlour who
brought them." They we'll in and San" Luck, wh
l
they taxed with stealing the horses, and he did not deny
it. One of the officers diets ran out afar Quittenden,
who was running off: a cry of " stop thief ' being raised,
several persona attempted to stop bins, but he knocked
two or three of them down with a stick betore lie was
secured. They were committed to Clerkenwell prison,
where Croucher, the next day, identified them as the
men he had seen near his master's house in the atieritoon
tat the 18th of May. 'llse horses were found in the ta-
bles of the Basing-house.
They made no defence,and the jury found them Guilty
—Death—Aged 3' and 21.
Isabella NVylie was indicted for stealing a quantity of
silk, value 51. in the dwelling-house of James Harlots, a
silk weaver at Bethual Greet) ; and Samuel Wheatley,
alias Keatly, was charged with receiving the S3nle.—
Previous to the 18th of A mil, the female prisoner was
employed in his (Mr. It's) warehouse. In consequence
of suspicion falling upon her, She was talon) into cus-
tody ; when she confessed the robbery,and said she had
taken it to the male prisotter's lodgings in Spicer-sin et.
The jury found Wylie guilty of stealing to the value
of 395. only, awl Wheatley of receiving the goons, know-
ing them to have beets
I'heCommou Sergeant immediately sentenced Wheat-
ley to fourteen years transportation.
Thomas Morgan was convicted of stealing a quantity
of linen and wearing apparel, the propeaty of a poor
woman. named Smith, into whose apartment he got
admission by means of a false key.
When asked if he had any thing to say ita his defence,
he said he had not, and that he would be touch obliged
to the court to scud him out of the cottony, fur he could
get no huncat euiployuient here.

NATIONAL REGISTER

Mr. Arabia.—The court will not accommodate you
by a sentence of transportation Some other mode of
1111 l islintent will he found for you.
CHARGE OP MURDER—(ha Friday, John Sumner,
who stands charged upon the coronet's inquisition with
the wilful murder of his wile, wars put to the bar, when

Nlr. Andrews applied to the court to postpone the trial
till next sessions.

The Common Sergeant said, he had read the deposi-
tion, and was convinced that justice was not likely to he
done either to the prisoner or the public by so hasty au
investigation. He would therefore most willingly accede
to the application for postponement.
Henry James was indicted for iturglariously breaking
and entering the dwelling house of George Byrig,
M.P. at South Mullins, and stealing therein a silver
watch, the property of Edward Lloyd. The jury found
the prisoner Guilty, but strongly recommended hint to
mercy, on account of his having a confederate, not in
custody, and of his having abstained from personal vio-
lence towards the prosecutor, which was recommended
by his companion.
The Common Sergeant said, that the recommendation
should certainly reach the royal ear, but advised the pri-
soner by all means to prepare himself fur the worst.
Cornelia Knight and Ann Williams were indicted for
stealing 29 yards of silk, the property of Thomas Craig
and James Graham.

The prosecutors are linen drapers in Oxford-street, and
on the I I th tilt. the prisoners went to the shop, purchased
some trilling article, and went away. The next day they
came again, and, from their manner, the shopmen sus-
pected their intentions were dishonest, and watched
them. They din him see them take any thing; hilt hay-
mg observed ‘Villiains hold tip a shim I, so :is to Ind, tile
:triton of Knight, they suspected the latter had concealed
soinetimig, and, when they got into the street, one of the
shopun•n lollinvcd, and told Knight he lit'lleved she had
some article that did not belong to her. Site dewed it,
and returned it, and returned willingly to the situp ; but,
as site was going along, he saw a roll of silk drop trout
under her cloak. Williams, on being told of what had
had happened, expressed her surprise, and said she knew
nothing of the matter.
Several witnesses gave Williams a good character.
The jury found Knight Guilty, Death; and Williams
Not Guilty.

INTERESTING CASE.—Court of King's Bench, Dublin,
June B.—A case which excited a considerable degree of
public interest was tried before Mr. Justice Burton and
a special jury. The circumstances were these:—Richard
Davis, a young gentleman of most respectable coottec-
tions in Ireland, enlisted as a common soldier some
years ago, in consequence of disputes with his family.
He married, and whilst he was doing duty in London as
a private its the Guards, his wife was delivered of a
daughter, who was christened Theresa Davis. Some
time after the birth of this child, the father was killed at
the battle of Waterloo, and in consequence of the decease
of some relations, the little Theresa, though bunt under
such adverse circumstances, became heir at law to an
estate of two thousand pounds a year. I ler claim, how-
ever, was impeached by the husbaoils of her two aunts
(the sisters of her father), who alleged that she was a
suppositious child, and it was upon this issue that the
trial took place. Several witnesses, wins cause Over from
England, were examined on behalf of the child, and the '
testimony established her legitimacy in so full and satis-
tactory a manner, that the Counsel on limit sides agreed
it was 111111eCt3Wry to prolong the investigation; and the
Jury returned a verdict, •• That Theresa Davis is the le-
gitimate daughter of Richard and Bridget Davis."
On Monday night last, tell prisoners, confined in the
New Boroughs Gaol of Tewkesinny for burglary, made
their escape, and have tint since been heard of. This is
the second time the 6,tille men have got out of the saute
prison : every precaution was taken by keeping them
heavily ironed, but by some ingenious means they pro-
vided instruments, and the day preceding their escape
contrived to file their irons nearly thruogn. The gaoler
visited the prisoners at tine o'cl.ick in the evening, saw
them in bed, and locked up the cell for the night; iin-
titediately after they must have released thentsehes front
their fetters, and with a file and a knife made a hole in
the door, tltrough which they got into the inner yard,
and over the hrAh pallisadiug, thickly studded with
tenter-hooks. Tnef then formed a step-bidder with their
bed-clothes, tying to them a towel full of earth, and
threw it over toe outer wall, which they then scaled, and
let themselves down on the uutside by the same means.

A MoNs-rea TAxest.—A few minutes brfOre nine
o'clock, as Mrs. Harden, of No. 40, Ciiichestt r-street,
Bartholomew's Hospital, iu company with another lady,
was going down Holborn, a wretch, unperceived, came
nelmid her, and she reedited a stab in the thigh with a
sharp instrument, which cut through all her clothe', and
inflicted a deep wound ; the pate made her sere nu
aloud, and the individual turned back, r tti ; I.tit
a young man, who happened at the time to be contin4
out of a public house, hearing the lady scream, and see-
ing a person run off, pursued him, with the cry of " stop
thief;" others joined in the chace, and he was secured
at the earner of Red Lion- [Net, having dropped the
instrument with which he committed the act, which
was picked tip by a man who said he saw him drop it.
It had a wooden handle, and the Walla: was about five
incites lung, Ilk: the prong of a fork. lie was taken to
Eagle-street watch-house, where the charge was taken,
and he was secured. He said he was a cabinet maker
by trade ; that the instrument was a mai king-ass I, which
he had sit his hand, and that he ran accidentally against
the lady; out hearing her scream he Tali away, and find-
ing he was pursued he dropped it. We arc happy to say
that the wound, though deep, is not considered danger-
ous.

On Wednesday settitight, a young man named Dary,
in the employ of Mr. H. Blyth. of Burtiltani, was re-
turning fmni i)ockiiiii with a waggon and team lie fell
clown, and :he wheel passing (NCI him, he was killed uu